일반 : 연명치료중단에 대한 의료인의 민사적 책임 = Civil Liability of Medical Doctors for Withdrawing Life-Sustaining Treatment

다국어 초록 (Multilingual Abstract)

Most common reasons for withdrawing treatment in Korean society are burdens for hospital expenses. Medical doctors` decisions to refuse withdrawing treatment standing on the pro-life side may lead the patients` supporting families to economic crises. This issue addresses social agreement to solve this problem. The current Korean law does not allow withdrawing life-sustaining treatment. The current practice in medical fields, however, is different, and the patient`s human right cannot be protected. Recently, a civil court gave a decision in favor of withdrawing meaningless life-sustaining treatment for the first time. Majority of opinions place withdrawing life-sustaining treatment and passive euthanasia in the same category, but these two concepts are different. In addition, withdrawing treatment should be differentiated from withdrawing life-sustaining treatment based on resuscitation possibility. Prevailing opinion in the criminal law society allows passive euthanasia. If withdrawing treatment is different from withdrawing life-sustaining treatment, then withdrawing treatment cannot be allowed, and withdrawing life-sustaining treatment can be granted under some legal guidelines. Without satisfying settled legal guidelines, medical doctors` decisions cannot be justifiable conducts. In such a case, the medical doctor has a tort liability in civil law.