초록 열기/닫기 버튼

The Supreme Court of Korea ruled in 2009 that if a patient was in an irreversible condition with imminent death, withdrawing life-sustaining treatments was approved as his or her self-determination. After this approval, the necessity of the legislation regarding to withdrawing life-sustaining treatments or ‘death with dignity’ was actively discussed and several bills were proposed in the National Assembly. Since the concept of withdrawing life-sustaining treatments is similarly used with concepts of ‘death with dignity’ or euthanasia, people become confused and it is difficult to establish legal guidelines or instructions. Thus the current situation demands to unify concepts relating to withdrawing life-sustaining treatments. In designing the legislation relating to withdrawing life-sustaining treatments, the following points should be defined. First, the decision of a terminal patient should establish a medical standard with an accurate procedure. Second, it is necessary to establish a legal standard of the right to agree from a substitute as well as providing a legitimacy to an patient’s declaration of intention. It is also necessary to give a chance to her intention, preparing for the case that the patient might fall into unconsciousness and withdrawing life-sustaining treatment should be legally permitted according to the advance directive. If not the advance directive, it should be regulated to permit withdrawing life-sustaining treatments based on patient’s assumed intent.