Earticle

초록

영어

The concept of acting consenter has been used diversely as guardians, legally acceptable representatives and obligations to protect in medical services, medical laws and precedents. The development of medical technology has been making various medical practices possible, however strict application for principle of explanation and consent should be judged separately as the type of medical practices. Therefore, I suppose it is reasonable to judge the problems of acting consenters(or complementary consenters) as two categories divided into common medical practices and special medical practices.
In common medical practices, the range of acting consenters(or complementary consenter), in principle, would be obligations to support in Civil Law, but it is rational to interpret the range including siblings whether they live together or not. Because they are in the position of realizing their rights of self determination best, and practically it is appropriate to secure medical bills of medical facilities, however, one of legally acceptable representatives would be able to be selected as an acting consenter(or complementary consenter) in case of their nonexistence.
In addition, in the part of the death with dignity as a type of special medical practices, such as judged in separate views of judgement from panel of all judges, the Supreme Court 21 May 2009, Sentence No. 2009 Da 17417, the guardian should get permission from the court about whether the
decision is the best or not to ask the medical team to stop medical treatments for assuring rights of self determination of the person adjudged incompetent through analogical application of the second Clause of Article 947 in Civil Law.

목차

Ⅰ. 서론
 Ⅱ. 의료행위상 동의대행자 등에 대한 개념정립의 필요성
  1. 의료행위상 동의대행자 등의 필요성
  2. 의료현장에서의 동의대행자 선정상의 문제점
 Ⅲ. 통상적인 의료행위와 대행자의 범위
  1. 보건의료법 및 판례의 상황
  2. 민법상의 친족 및 가족 개념과의 관계
  3. 통상적인 의료행위상의 동의대행(보완)자 개념의 정립
 Ⅳ. 특수한 의료행위와 대행자의 범위
  1. 의약품임상시험
  2. 정신보건법상의 보호의무자의 보호의무
  3. 존엄사
 Ⅴ. 결론
 참고문헌
 

키워드

저자

• 송영민 [ Song, Young-Min | 원광대학교 법학전문대학원 조교수, 법학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340