Earticle

초록

영어

The Korean supreme court said that Mrs Kim who was in a persistent vegetative state had a right to die if she had a presumed will or assumption of dying against Severance hospital in 2009. Presumed would be vague and can not be subjective to conjecture though, the court had a developed trial on the case. I recommend the higher valued notion such as the 'right to decide on the life extension' is more logical than assumptive will. To achieve this recommendation, I will search right to life, right to decision, human dignity and find the good relationship between them. In conclusion, I will announce that if PVS patients without advanced directives aren't able to express their will and no one could not assume their right to die in spite of meaningless life extension. So only the due and strict procedure about the extinction of meaningless PVS patients will allow them to sacrifice themselves or remove life extension ventilators. Also active euthanasia would be possible under the strict procedure of making advanced directives and the act of helping active euthanasia additionally, the crime of abetting suicide would not be executed in the legal scope.

목차

I. 서론
 II. 죽을 권리와 생명권의 충돌
  1. 생명권의 의의
  2. 생명권과 연관된 권리
  3. 죽을 권리에 대한 재고
 III. 존엄사와 추정적 의사
  1. 생명유지 여부에 대한 자기결정권
  2. 생명유지 여부에 자기결정권의 행사
 IV. 결어
 참고문헌
 ABSTRACT

키워드

인간의 존엄성 자기결정권 생명권 추정적 의사 장기식물인간상태 연명치료중단 자살방조 Human dignity Right to decide Right to life Presumed will Persistent vegetative state A crime of abetting suicide

저자

• 김필수 [ Kim, Pill S | 대한병원협회법제이사(법학석사), 본플러스병원장(정형외과전문의) ]

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