형법적 관점에서 살펴본 안락사 허용의 문제점


The Problems of Permitting Euthanasia from the Criminal Point of View

김은영, 허철

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There are constant disputes about euthanasia not only from the point of philosophy and ethics but of law. For example, there have been sensitive issues such as the accident in Boramae hospital in Seoul and Ms Kim's euthanasia happening. Although intensive studies on euthanasia are really necessary, even the basic concept about euthanasia has not been established let alone the legislation. This article deals mainly with the basic concept of euthanasia, arguments on various types of the concept, and introduction of domestic instances. Ultimately, the goal of this article is to discuss the problems of permitting stopping meaningless remedy for the life prolongation. There have been a variety of arguments on using the term euthanasia. However, it is better to divide euthanasia into two perspectives, that is, active and passive one. Moreover, the Constitutional and the Supreme Court's supportive view of permitting euthanasia is not reasonable in terms of the Principle of Protecting Life. Now, the patient's right of decision is not included in the arguments on euthanasia. Of course, it is true that the families of the patient are suffering from psychologically and financially. However, it is very dangerous idea to try to solve and diminish their agonies by the patient's death through euthanasia. Rather, it will be helpful for the government to support them by promoting social welfare.


Ⅰ. 들어가며
 Ⅱ. 안락사의 개념과 유형 및 형사책임
 Ⅲ. 국외 사례연구
 Ⅳ. 국내 사례연구
 V. 마치며


  • 김은영 Kim, Eun-Young. 원광대학교 법학전문대학원 2학년 재학
  • 허철 Hu, Chul. 원광대학교 법학전문대학원 2학년 재학


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