Earticle

초록

영어

It is the so-called Shinchon Severance Hospital Case brought to an end by the decision of the Supreme Court that opened the real discourse of withholding or withdrawing of LST(Life-Sustaining Treatment) in the legal profession as well as medical profession in Korea. Everyone has sympathy with the validity and necessity of legal regulation on withdrawing-including withholding-of LST save the requirements & procedure of withdrawing of LST. In this situation, the legislative bill of amendment to the Korean Civil Law introducing of adult guardianship was pre-announced by the Ministry of Justice on September 18th 2009. The adult guardianship is a guardianship system that supports an mentally handicapped adult to deal with his affairs by support of a guardian. The object of adult guardianship includes affairs of body or well-being as well as property of adult wards. In particular, affairs of medical matters are of importance in the duty and authority of adult guardians. So, the introduction of adult guardianship is of much importance de lege lata as well as de lege ferena in the discussion of withdrawing of LST as a medical treatment. Since the legislation on withdrawing of LST intents to protect the right of death with dignity on the basis of patients' autonomy, the ratio legis of withdrawing of LST is variant from that of adult guardianship. In this context, it seems reasonable to legislate the withdrawing of LST separately from the adult guardianship. In the meantime, the adult guardianship of the legislative bill of amendment to the Korean Civil Law is related to the withdrawing of LST, since the main purpose of adult guardianship is to protect patients' quality of lives and to regulate guardianship contracts based on patients' autonomy. In that context, it seems reasonable to incorporate the legislation of withdrawing of LST into the adult guardianship system. In the latter case, it is not easy to adopt the withdrawing of LST into the legislative bill of the Korean Civil Law for the bill is pre-announced already as previously stated. However, the legislation of withdrawing of LST is not inferior to the legislation of adult guardianship as a matter of urgency. Moreover, it is likely that the legislative bill of Amendment to the Korean Civil Law generates discrepancies in interpretation of the requirements & procedure of withdrawing of LST as the amended German Civil Law did. In short, it is desirable for the legislator to revise the legislative bill despite delay.

목차

I. 서론
 II. 연명치료 중단에 대한 개관
  1. 연명치료 중단의 개념
  2. 연명치료 중단의 정당성
  3. 연명치료 중단에 관한 원리와 규칙
  4. 연명치료 중단의 규율 방식
 III. 연명치료 중단에 관한 외국의 입법례-의료행위에 관한 성년후견을 포함하여-
  1. 특별법의 제정
  2. 기존 법률의 개정
  3. 이원적 입법 방식
 IV. 우리나라에서의 입법화 논의
  1. 특별법의 제정
  2. 기존 법률의 개정
 V. 입법에서의 주요 착안점
  1. 체계구성적 측면
  2. 내용적 측면
  3. 형식적 측면
 VI. 결론
 참고문헌
 ABSTRACT

키워드

연명치료 중단 성년후견 환자의 자율성 사전의료지시 존엄사 자연사 Withdrawing of life-sustaining treatment Adult guardianship Patients’ autonomy Advanced directive Death with dignity Natural death

저자

• 이은영 [ Lee, Eun Young | 이화여대 생명의료법연구소 선임연구원, 법학박사 ]

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