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      • 연명치료중단의 법제화 방안

        전수범 충북대학교 2010 국내석사

        RANK : 248639

        People live long and well without being sick and suffering from disease because of our advanced medical system. But ironically it brought us an expectation of well being but it also took away our right to die in peace. The reason why we are having this situation is that now we have advanced medical skills that allow us to stay in this world longer than the past. In the past, it was not so complicating about dying by accidents or illness. But nowadays, there are such a long steps between dead and alive, so now we have to decide that it’s dead or alive. While he is in COMA state, his family has a big pressure to take care about the work that they have to handle with the hazy future of the patient. Not only for financially, mentally and physically for the remainder but also respecting a human’s dignity, people started to think about which way is the right way to the patient. But even though these demands are claimed for a while, still a lot of people have a bad image for that mercy killing. Because of that we have not made a big step for it yet. In fact, a bad image of “killing mercy” is not quite same as how we treat it now in reality. Fortunately, recently there are better terms for mercy killing. However still these terms are not well identified socially and some people still treat it same as past even though there are huge differences between our “new mercy killing” and the “old mercy killing”. A purpose of mercy killing is that we pull the death time a bit closer to the patient, but our new mercy killing, a withdrawal of life sustaining management, is that we respect the patient’s quality of life. Recently, there is a case that has been made by Yen 세브란스병원. From here, there are raising voices for setting a new law for a withdrawal of life sustaining management. But there are couple issues that we must discuss. First off, how are we going to set the range for a medical treatment of Life-sustaining Management? Second off, how are we going to set the standard for who is eligible to get the treatment? What if the patient has not made any opinion about the situation, then should we take someone else’s opinion or what? If we search about these cases in the world and compare it to the cases happened in Korea, we can find this commons. First off, in the range of accepting the withdrawal of life sustaining management, majority of nation’s law and precedents have been allowed it and a recent precedent in Korea also shows that a patient can determine their life depends on his own decision. Second off, there are some cases that a government accepts the withdrawal of life sustaining management when patients are at a terminal patient stage. Therefore, we should set a basic standard for it which that we should respect the withdrawal of life sustaining management when the cases of patients who are at a terminal stage, getting almost the last moments, or brain death. And the case of being human vegetable, to determine stopping treatments or not, we should have a direct opinion from the patients to decide to keep it or not. Third off, about the issues that can we guess what patients want? Most of the countries say that they can tell patients opinion, and they say they need some criteria that can draw a line for accepting patient’s decision. The most general way is using the health care directive, or sometimes we can make up this with having an agent. However in Korea, we can only find it at the rule of the medical profession, it’s not a common sense for Korean. Fixing and updating an advance health care directive and the political system are required now. Like we have seen for far, here is the time to stop avoiding making law of the withdrawal of life sustaining management and go ahead to deal with it. Therefore we should more study about how other countries are handling these situations and we should compromise it and try to fit into our own cases. This topic “withdrawal of life sustaining management” is not a simple issue so it might be really hard to set all of the details at a time. Therefore we should set the basic rules first and take our time to set the little details with our best efforts to give our human’s right back to human being.

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