프랑스의 생명윤리법상 장기기증자의 추정동의에 관한 연구


A Study on an Organ Donor's Presumed Consent in Light of the Bioethics Law in France


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Owing to the development in organ transplant treatment, the possibility was greatly expanded that will maintain life and increase quality of life in a chronically ill patient whose corresponding organ is damaged. The organ, which is necessary for the organ transplant treatment, is secured by an organ donor's extraction. The organ removal is basically targeting the dead, who promised to donate organ in life, or the brain dead donors, whose family members' consent was obtained. The bio-implant, which removes an organ from a living person, is against the principle of innocence as saying that body should not be damaged out of the bioethics principles, thereby being understood as a supplementary meaning. According to the higher effectiveness in organ transplant treatment, a demand is growing. But the organ donation according to this is failing to satisfy the demand. Accordingly, a plan of securing an organ for a patient of requiring the organ transplant surgery, needs to be examined for now while not damaging dignity and value of an organ donor as a human being. To solve diverse problems of this organ transplant, France introduced the presumed consent system by enacting the bioethics law. This is the principle as saying of presuming the consent of organ donation if there was no explicit opposition to organ donation in life at that time of the death in a brain dead donor or a general person. The presumed consent system is a method for securing an organ necessary for organ transplant, but is raised diverse problems incidentally. The issues include whether an organ donor agreed or not, an ethical & religious problem according to organ donation, and monetary compensation. This study aims to consider the transition process and the presumed consent of organ transplant system in light of the bioethics law in France, and to inquire into justification and ethical problem about this.


Ⅰ. 서론
 Ⅱ. 프랑스의 장기기증제도와 추정동의
 Ⅲ. 추정동의제도에 관련된 쟁점
 Ⅳ. 결론 및 시사점


  • 이형석 Lee, Hyeong-Seok. 원광대학교 봉황인재학과 교수, 법학박사


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