earticle

영어

The criminal law has maintained its firm stand against withdrawal of meaningless life-sustaining care from the view of so-called "the principle of absolute protection of human life". There have on the one hand been angles arguing that such perspective of the criminal law does not coincide with the reality but does only add extra burden on the part of patients' families and even medical staff as well, worsening their legal stability and possible anticipation in their living. On the other hand, there have been positions claiming that it would be too early to introduce withdrawal of meaningless life-sustaining care like shock therapy in theoretic as well as real terms. Lots of debates have already been well under way about the death with dignity along with the issue of euthanasia in Korea but have not met any positive approaches toward its solution. In this midst, the Supreme Court of Korea provided recently a criterion for death with dignity on the occasion of its first decree allowing such death. This measure is widely accepted as a representative example of 'judicial activism' with which the court ventured to stop gap between incomplete legislation and real situation by means of positive interpretation of laws in consideration of social pressure to see the death with dignity allowed whereas the National Assembly and the Administration have been overtly conscious of the public opinion. The euthanasia is various legal issue raises some profound questions regarding life and death, process of guiding a person who has entered into the steps of death to a natural death by cases of medical treatment which has been prolonging such person. It is wise to move toward respecting patients personal choice and to take policy measures as soon as possible, the present might be the right moment to make legislation about euthanasia for the sake of human dignity. This controversy has been taboo for too long, legislation should be worked out through a broad collection of public opinion and references to successful foreign regulation and practices need to be continued in this context, that presumptive consent will be the main theory in the case of case life-prolong treatments.