醫療行爲와 患者의 自己決定權 = Patient's Right of Self-Determination in Medical Treatment

다국어 초록 (Multilingual Abstract)

Medical Treatment is considered as one of the most important field in the natural science, that deals with most cherished values, life and health. In modern society, medical science achieved great advance due to the astonishing of natural science.
On the other hand, we face more danger in medical care, because doctors should adopt more technical surgery medicine with side effect, and complicated instrument. Medical care is justified in criminal law as professional activity.
The viewpoint of modern and technological new era about the value of man's life has been in the state of uncertainty. Some may feel a life without human dignity or with only painful malady is a life have no reason to sustain.
Is it possible to develop policies that control the civil and public medical sector related bio-ethics by the means of the Criminal Law? If it is possible, considering the ultima-ratio principle (the application of a criminal law is acceptable when a legal procedure is the last possible means), can it exercise jurisdiction over all kind of med-criminal case? Or, regardless of its jurisdiction, have we just leave it as it is and wait hoping some kind of amicable settlement.
The study is about the legal relation between medical professionals and patients, especially, conflict and legal control of human digninity and self-determination right (Selbstbestimmungsrecht). And it has more about the Auflka¨lungspflicht(an obligation of medical professionals to let patient know his condition).

목차 (Table of Contents)

• 목차
• Abstract = 551
• Ⅰ. 序 論 = 551
• 1. 硏究의 目的 = 551
• 2. 연구의 범위와 내용 = 552
• Ⅱ. 의사의 설명의무 = 553
• 1. 의사의 설명의무의 의의와 기능 = 553
• 2. 설명의무위반 이론의 연혁 = 553
• 3. 설명의무의 실정법적 근거 = 555
• 4. 설명의무의 유형 = 556
• 5. 說明義務의 內容과 그 制限 = 556
• Ⅲ. 설명의무를 전제한 患者의 自己決定權 = 559
• 1. 自己決定權의 意義 = 559
• 2. 自己決定權의 基本原理 = 559
• Ⅳ. 生命에 대한 自己決定權과 醫師의 生命維持義務 = 560
• 1. 序說 = 560
• 2. 生命에 대한 自己決定權 = 560
• 3. 自己決定權과 醫師의 生命維持義務와의 關係 = 563
• Ⅴ. 結論 = 565
• 참고문헌 = 566