Earticle

초록

영어

Death with Dignity is distinguished from euthanasia as distinct concept, but often those two are used interchangeably. Especially in U.S.A, Death with Dignity Act is legalized physician-assisted suicide and Natural Death Act is legalized Death with Dignity. Thus the concept of Death with Dignity is carrying a lot of confusion, it is needed to establish a clear concept for this. In our country, Legislation on Death with Dignity doesn't have been performed yet.
In this time, recent Supreme Court’s decision of withdrawal of life-sustaining care in terminal patient is a first judgement about the possibility of withdrawal of life-sustaining care in mature, terminal patient in the absence of specific legislation on this matter. The court’s decision is correct because we all respect the human dignity of the terminal patient.
However, the Supreme Court’s decision allow withdrawal of terminal patient's life-sustaining care considering the substituted-judgement by guardian ad litem in the case of absence of advent medical directives of the patient, it has the risk of misuse and abuse of Death with dignity.
Therefore, Death with Dignity Act should be enacted through legislation of living will or advance medical directive as soon as possible, Death with dignity shall be performed by specific and strict legal procedures of Death with Dignity Act.

목차

Ⅰ. 들어가며
 Ⅱ. 존엄사의 의의
  1. 존엄사의 개념
  2. 존엄사와 안락사의 비교
 Ⅲ. 존엄사의 비교법적 검토
  1. 미국
  2. 우리나라
 Ⅳ. 존엄사의 헌법적 검토
  1. 자기결정권
 Ⅴ. 나가며
 참고문헌
 

키워드

저자

• 정덕영 [ Jeong, Duck-Young | 충북대학교 강사, 법학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340