사전의료지시의 한계

오세혁,정화성 대한의료법학회 2010 의료법학 Vol.11 No.2

Advance directive refers to a description of the treatment method a patient wants to be provided with in case where the person is unconscious or lacks an ability to decision making in a future period or a declaration of intention that delegates and appoints another person who makes a decision regarding a treatment method on behalf of the person. Advance directive is usually a document form, but oral statement is acceptable as well. Advance directive may have a variety of forms though, it basically consists of two basic forms. That is, one is a living will, and the other is a surrogate decision making. Though the importance of advance directive has been emphasized, and the necessity of adopting the system has been strongly argued for so far, the debates on criteria, method, and procedure alike have not yet reached an agreement. It is because even the concept of advance directive is more or less ambiguous, and each specific method has its own theoretical limitations and practical constraints. Thus the inquiries on advance directive raised in the study are summarized as the meaning, practicability, and philosophical foundation of the advance directive. Firstly, the theoretical limitations of Advance directive may be categorized into conceptual and moral limitations. In case of conceptual limitations, authors of advance directives may not be well aware, in advance, of the particular situation in which he or her will experience in the future, and patients may experience the change in his or her values and lack the understanding and information about the future situation due to the changes in treatment methods. In case of moral limitations, a patient has a limited moral autonomy right and self identity that have an impact on his or her preference. Secondly, in case of practical constraints for advance directive, there exist cultural features, low ratio of documentation, as patients themselves admit, and low predictability and stability of patient's own preference regarding life-sustaining care. And the problem of validity and accuracy in proxy's decision making is also raised. Those who administer a living will, especially, may have a difficulty in understanding the directive by a patient, so that the accuracy of execution cannot be secured. In the sense, it is needed to implement a legal device in order to solve such problems. In summary, it is urgently required to understand the limitations and explore desired alternatives to overcome the relevant problems in advance, which must contribute to successfully adopting and effectively operating the advance directive system in Korea.

사전지시에 의한 연명치료의 중단에 관한 연구

강명구(Kwang, Myeng-Ku) 원광대학교 법학연구소 2012 圓光法學 Vol.28 No.4

2009년에 우리 나라 대법원은 영구적으로 의식이 없는 말기적 질환 상태에 있는 환자에게 연명장치의 제거를 허용하는 판결을 하였다. 대법원이 인정한 연명치료 중단의 요건은 다음과 같다. 첫째, 환자가 말기적 질환 상태에 있어서 이의 회복가능성이 없을 것, 둘째, 환자가 사전지시를 하였을 것, 만약 환자가 사전지시를 하지 않았다면 이를 인정할만한 다른 사정으로 환자의 의사를 추정할 수 있을 것, 셋째, 환자의 지시는 충분한 의료정보를 가지고 행하여 졌을 것, 넷째, 사전지시는 의료공급자에게 행하여지고, 이를 충분히 입증할 것 다섯째, 환자가 말기상태인지 여부는 법원 혹은 관련 위원회의 판단을 따를 것을 요건으로 하였다. 요컨대 대법원 판결은 환자가 자기결정권 차원에서 스스로 연명치료 중단결정을 할 수 있다는 것을 인정한 다음, 사전의료지시에 의한 연명치료중단의 요건을 제시한 것이다. 그러나 대법원이 제시한 연명치료중단의 사전지시의 요건중 환자가 충분한 의료정보를 취득한 후 이를 지시하여야 한다는 요건은 환자가 연명치료중단을 위한 사전지시를 하는 것을 불가능하게 요건이며, 이는 연명치료의 중단과 상관없는 일반적인 의료행위의 지시에 경우에 적용되어야 하는 것으로 적절하지 않다는 점을 지적하였다. 또, 2011년 개정민법상 성년후견제도 및 임의후견계약제도에서 개정민법은 2013년부터 후견인이 신상보호를 할 수 있도록 하고 있는데, 이러한 신상보호의 개념속에 사전의료지시에 의한 연명치료의 중단이 포함될 수 있을 것인지도 살펴보았다. 사견으로는 개정민법상 성년후견 및 임의후견제도에서 연명치료중단을 위한 사전지시가 가능하다고 보고 있지만, 연명치료중단을 위한 지시를 실행함에 있어서 관련자의 민형사상 직무상 면책규정이 없는 상황이므로 이의 활성화를 위해서 는 입법이 필요로 하고, 이를 위해서는 외국의 법 특히 미국 각주의 지속적 대리인의 선임 및 생전유언제도에서 규정하고 있는 제요소를 참조할 것을 제언하였다. In 2009, the Korea Supreme Court held that discontinuance of life-extending treatment can be allowed, upon reaching the stage of irrecoverable death, on the ground of the patient’s right to self decision to die based on dignity, value and the right to pursuit of happiness as a human being. The Court noted following requisites of the withholding or withdrawal of life-prolonging treatment by advanced directive for health care. First, the patient should be in the terminal condition, that will result in imminent death or has an irreversible injury or illness that results in a persistent vegetative state or permanent unconsciousness. Second, there should be patient’s advanced directive for withholding or withdrawal of life-prolonging treatment on his or her terminal condition. Third, provided medical information directly from medical provider or physician, the competent patient should execute the advance directive soberly as to the specific medical treatment based on the medical information and his own values. Fourth, The advance directive should be executed to the patient’s medical provider or patient’s attending physician and it’s existence should be clearly proved by written instructions or medical records. And last, unless the patient files a lawsuit directly in court, it is desirable that a committee composed of expert doctors, etc. decides whether the patient has reached the irrecoverable death stage. This paper notes that the third requisite of the Court for withholding or withdrawal of life-prolonging treatment may be the obstacle to be executed a valid advance directive by patient. Since, generally, prior to the patient’s terminal and irreversible condition, sufficient medical information of the patient’s irreversible injury or illness, is not provided to patient/declarant executing advance directive. This paper argues that the requisite may be fitted to the advance directive for medical treatment irrelevant to patient’s terminal condition. This paper also examines, the amended Korean Civil Code Article 947-2(effective on July.1.2013) that provides the adult guardian’s power of decision regarding personal affairs of the incompetent adult, the amended Code of Article 959-14 that provides the durable power of attorney by contract between principal and agent. The power of attorney created by principal will take effective when the principal loses capacity to decide his or her personal affairs. According to the Art. 947-2 or 959-14, this paper admits the possibility, a principal giving advance directive for health care to withhold or withdraw life-prolonging treatment. But, there is no provision immunizing criminal, civil, or professional liability of physicians or the agents who participated in advance directive regarding life-sustaining treatment. So, this paper insists to establish an Act that permits individuals to execute advance directive for health care.

강원도 거주 성인의 사전연명의료의향서에 대한 인식

홍정주,이미옥 한국컴퓨터정보학회 2020 韓國컴퓨터情報學會論文誌 Vol.25 No.5

This study was attempted to know the awareness of Advance Directives of adults in Gandwon-do province. Data was surveyed from 60 adults in Gangwon-do province by 42 item questionnaire for the awareness of Advance Directives. Subcategories of Advanced Directives questionnaire were knowledge, preference, experience for life-sustaining treatment and Advance Directives. The data was analyzed with the frequency and percentage using SPSS 24.0. 45% of Participants replied they knew the ‘life-sustaining treatment’ exactly. They preferred CPR 78.3%, mechanical ventilation 63.3% and blood transfusion 51.7% for their future special life-sustaining treatments. They did not preferred hemodialysis 8.3%, artificial respiration 6.7%, intensive care unit 6.7%, 8.3 percent of participants said that they well aware of Advance Directives. 86.6% of them hoped to write their Advance Directives. Despite such low awareness of the Advance Directives, the intention to write Advance Directives was high. Based on these results, it was found that the level of awareness of Advance Directives was very important for the intention to prepare Advance Directives. Therefore, regional programs and education on Advance Directives and periodic survey study for awareness of Advance Directives should be continued. 본 연구는 강원도에 거주하는 성인의 사전연명의료의향서에 대한 인식을 알고자 시도되었다. 연구 자료는 강원도에 거주하는 성인 60명을 대상으로 42문항의 구성된 사전연명의료의향서 설문지를 이용하여 수집되었다. 연구 자료는 SPSS 24.0 프로그램을 이용하여 빈도와 백분율을 분석하였다. 사전연명의료의향서 인식의 설문지는 연명치료와 사전의료의향서의 지식, 경험, 선호도로구성되었다. 연구 결과는 다음과 같았다. 연구 참여자의 45%가 연명치료에 대해 정확이 알고 있다고 응답하였다. 연구 참여자가 선호하는 특수연명치료는 심폐소생술 78.3%, 기계 환기 63.3%, 수혈 51.7% 이었다. 연구 참여자가 피하고 싶어 하는 특수 연명치료는 신장투석 8.3%, 인공호흡6.7%, 중환자실 입원 6.7%로 나타났다. 사전연명의료의향서에 대해서는 8.3%만 인지하고 있었으며, 그럼에도 불구하고 응답자의 86.6%가 사전연명의료의향서 작성에 호의적이었다. 본 연구 참여자의 사전연명의료의향서에 대한 인식은 매우 낮았음에도 불구하고 이를 준비하겠다는 의도는 높았다. 따라서 이러한 결과를 기반으로 사전연명의료의향서에 대한 인식 수준이 사전의료의향서작성의도에 매우 중요함을 알 수 있다. 따라서 사전연명의료의향서에 대한 지역 프로그램과 교육과 주기적인 사전연명의료의향서에 대한 인식 연구가 계속되어야 한다.

중년기 급성심근경색증 환자의 죽음불안과 사전연명의료의향서에 대한 지식 및 태도 간의 관계

서미영(Suh, Mi Young),김정선(Kim, Jeong Sun) 한국노인간호학회 2021 노인간호학회지 Vol.23 No.3

Purpose: This study aimed to identify the relationship between death anxiety, knowledge, and attitudes toward advance directives in middle-aged patients with acute myocardial infarction. Methods: Data were collected through a survey of 142 middle-aged adults from August 27th to October 4th, 2019 in G city. Data analysis was performed using descriptive statistics, t-test, one-way ANOVA, Scheffé test, and Pearson correlation coefficient. Results: The average score of participants’ death anxiety and attitudes toward advance directives was 44.14±6.71 and 43.61±3.53, respectively, and the average correct rate in knowledge of advance directives was 57.1%. Participants showed significant differences in death anxiety (F=3.75, p=.013), knowledge of advance directives (F=3.02, p=.033), and attitudes toward advance directives (t=2.31, p=.022) depending on the presence or absence of an object to discuss their health status. Also, there were significant differences in knowledge of advance directives (t=3.43, p=.001) and attitude toward advance directives (t=2.23, p=.027) depending on whether participants perceived the meaning of advance directives. There were positive correlations (r=.38, p=<.001) between knowledge of advance directives and attitudes toward advance directives in middle-aged patients with acute myocardial infarction. Conclusion: Active information-provision and promotional strategies are needed to enhance a correct understanding of advance directives for middle-aged acute myocardial infarction patients with a high probability of sudden death to recognize the need for an advance directive and reinforce a positive attitude.

사전지시에 의한 연명치료의 중단에 관한 연구

강명구 원광대학교 법학연구소 2012 法學硏究 Vol.28 No.4

In 2009, the Korea Supreme Court held that discontinuance of life-extending treatment can be allowed, upon reaching the stage of irrecoverable death, on the ground of the patient’s right to self decision to die based on dignity, value and the right to pursuit of happiness as a human being. The Court noted following requisites of the withholding or withdrawal of life-prolonging treatment by advanced directive for health care. First, the patient should be in the terminal condition, that will result in imminent death or has an irreversible injury or illness that results in a persistent vegetative state or permanent unconsciousness. Second, there should be patient’s advanced directive for withholding or withdrawal of life-prolonging treatment on his or her terminal condition. Third, provided medical information directly from medical provider or physician, the competent patient should execute the advance directive soberly as to the specific medical treatment based on the medical information and his own values. Fourth, The advance directive should be executed to the patient’s medical provider or patient’s attending physician and it’s existence should be clearly proved by written instructions or medical records. And last, unless the patient files a lawsuit directly in court, it is desirable that a committee composed of expert doctors, etc. decides whether the patient has reached the irrecoverable death stage. This paper notes that the third requisite of the Court for withholding or withdrawal of life-prolonging treatment may be the obstacle to be executed a valid advance directive by patient. Since, generally, prior to the patient’s terminal and irreversible condition, sufficient medical information of the patient’s irreversible injury or illness, is not provided to patient/declarant executing advance directive. This paper argues that the requisite may be fitted to the advance directive for medical treatment irrelevant to patient’s terminal condition. This paper also examines, the amended Korean Civil Code Article 947-2(effective on July.1.2013) that provides the adult guardian’s power of decision regarding personal affairs of the incompetent adult, the amended Code of Article 959-14 that provides the durable power of attorney by contract between principal and agent. The power of attorney created by principal will take effective when the principal loses capacity to decide his or her personal affairs. According to the Art. 947-2 or 959-14, this paper admits the possibility, a principal giving advance directive for health care to withhold or withdraw life-prolonging treatment. But, there is no provision immunizing criminal, civil, or professional liability of physicians or the agents who participated in advance directive regarding life-sustaining treatment. So, this paper insists to establish an Act that permits individuals to execute advance directive for health care.

Adopting Advance Directives Reinforces Patient Participation in End-of-Life Care Discussion

홍지형,권정혜,김일규,고진희,강이진,김훈교 대한암학회 2016 Cancer Research and Treatment Vol.48 No.2

Purpose In Korea, most terminal cancer patients have still not been included in end-of-life (EOL) discussions. The purpose of this study was to evaluate the proportion of patients participating in EOL discussions after adopting advance directives. Materials and Methods Medical records of 106 hospice patients between July 2012 and February 2013 were reviewed retrospectively. The proportion of patient participation in EOL discussions, barriers, and favorable factors for completion of advance directives, as well as outcomes of advance directives were evaluated. Results Patient participation in EOL discussion had increased from 16/53 (30%) to 27/53 (51%) since adopting advance directives (p < 0.001). Median time between completion of an advance directive and death increased from 8 days (range, 0 to 22 days) to 14.5 days (range, 0 to 47 days). Patients’ poor condition after late referral was the main barrier to missing EOL discussions; however, family members’ concerns about patient’s distress was also a main reason for excluding the patient from EOL discussions. In univariate analysis, patient age, education status, and time from diagnosis to completion of an advance directive influenced advance directive completion favorably. Following multivariate analysis, higher education and periods of more than 2 years from diagnosis to completion of an advance directive remained favorable (odds ratio [OR], 9.586, p=0.024 and OR, 70.312; p=0.002). Preferences of all patients regarding cardiopulmonary resuscitation or hemodialysis were carried out by physicians. Orders for nutrition and palliative sedation showed discordance, with concordance rates of 74.2% and 51.6%, respectively. Conclusion Our results suggested that the use of advance directive promote patient participation in EOL discussion.

지역사회 노인의 사전연명의료의향 효능감이 사전연명의료의향서 작성에 미치는 영향: 사전연명의료의향 의도의 매개효과

김현숙,염계정 한국노인간호학회 2022 노인간호학회지 Vol.24 No.2

Purpose: The purpose of this study was to identify factors related to the completion of advance directives by community-dwelling older adults. Methods: This descriptive correlational study used a cross-sectional survey of 236 older adults recruited from a welfare center in Jungnang gu Seoul, South Korea. Data collection was done from June 1 to August 20, 2021. A self-administered questionnaire was used to measure advance directives' self-efficacy and intentions and the completion of advance directives. The data were analyzed with the SPSS 23.0 and SPSS Process Macro program. Results: Advance directives' self-efficacy indirectly had a significant positive effect on the completion of advance directives and fully mediated advance directives' intentions, and its explanatory power was confirmed to be 21%. Conclusion: The result of this study suggests developing education programs to improve the completion of advance directives in community-dwelling older adults. Further research is needed with more elderly populations in extended areas

사전의사결정(Advance Directives, 死前意思決定)에 대한 사법연수원생들과 전공의와 수련의들의 인식도 조사

신영태 ( Young Tae Shin ),이일학 ( Il Hak Lee ),김선현 ( Sun Hyun Kim ),이희일 ( Hee Il Lee ) 한국의료윤리학회 2008 한국의료윤리학회지 Vol.11 No.1

Background: The legal and ethical issues related to advance directives have recently become controversial in Korea. This study was designed to determine whether there are any significant differences between judicial apprentices and medical trainees (including residents and interns) with respect to their attitudes toward advance directives. Methods: A questionnaire was administered to 283 judicial apprentices from May 29 to June 9, 2006, and to 254 medical trainees (150 residents and 104 interns) from May 1 to July 31, 2006. Thus, there were a total of 537 respondents in this study. Results: More medical trainees than judicial apprentices were familiar with advance directives (P < 0.05). More medical trainees than judicial apprentices claimed that a law for advance directives was necessary (P < 0.05). After adjusting for other predisposing factors, differences between the two groups were still statistically significant (P = 0.038). After adjusting other predisposing factors, it is found that the group which knew about advance directives beforehand responded more positively to the question whether legislation for advance directives was necessary than the group which didn`t(P=0.000). Conclusion: In this study, the difference in the number of medical trainees versus judicial apprentices who were familiar with advance directives was found to be statistically significant (P < 0.05). This caused statistically significant differences between the number of judicial apprentices versus medical trainees who believed that a law covering advance directives is needed. Therefore, greater awareness of advance directives is needed in order to establish a law governing them.

간호대학생의 사전의료의향서에 대한 지식과 간호전문직관이 사전의료의향서에 대한 태도에 미치는 영향

정은,정미라 한국융합학회 2019 한국융합학회논문지 Vol.10 No.6

This study were to identify the effect of knowledge on advance directives and nursing professionalism on attitudes toward advance directives in nursing students. The data were collected from 216 nursing students in the two colleges located Jeonnam.. The result of the multiple regression indicates the intention to execute advance directives, influence of religion in one`s life, knowledge of advance directives, gender, nursing professionalism, and time to complete advance directives predict 22.3%(F=10.009, p=.000) of attitudes toward advance directives. Therefore, it is necessary to develop a program to establish positive attitudes toward advance directives by providing knowledge on advance directives and right nursing professionalism of nursing students. 본 연구는 간호대학생의 사전의료의향서에 대한 지식과 간호전문직관이 사전의료의향서에 대한 태도에 영향을 미치는 요인을 규명하기 위함이다. 본 연구의 참여자는 전라남도 2개 대학교에 재학 중인 간호대학생을 대상으로 하였으며, 최종 216부를 분석하였다. 다중 회귀분석 결과 사전의료의향서에 대한 태도에 영향을 미치는 요인은 사전의료의향서 작성여부, 종교가 삶에 미치는 영향, 사전의료의향서에 대한 지식, 성별, 간호전문직관, 사전의료의향서 작성 시기로 이들의 설명력은 22.3%(F=10.009, P=.000)이었다. 본 연구결과를 바탕으로 간호대학생의 사전의료의향서에 대한 지식과 올바른 간호전문직관을 제공함으로써 사전의료의향서에 대한 긍정적인 태도 확립을 위한 프로그램 개발이 필요할 것으로 생각된다.

간호대학생의 사전의료의향서에 대한 태도 영향 요인

김희정(Kim, Hee-Jung) 한국간호교육학회 2019 한국간호교육학회지 Vol.25 No.2

Purpose: The purpose of this study was to identify nursing students’ knowledge and attitude toward advance directives and factors influencing the attitude. Methods: A cross-sectional survey design was used and 196 nursing students participated in the study. Data were collected from July 1 to August 30, 2018 using a structured questionnaire which included biomedical ethics, awareness of good death, knowledge and attitude toward advance directives. Data were analyzed using SPSS/WIN 25.0 program with descriptive statistics, t-test, ANOVA, correlation, and multiple regression. Results: The mean score of biomedical ethics, awareness of good death, knowledge and attitude toward advance directives were 2.88±0.59, 3.18±0.48, 7.68±31.32, 31.00±3.09. Factors influencing the attitude toward advance directives were awareness of good death (β=.28, p<.001), intention of writing their advance directives (β=.19, p=.006), the knowledge related to advance directives (β=.15, p=.029). A total of 14% of attitude toward advance directives was explained by awareness of good death, the knowledge related to advance directives, and ntention of writing their advance directives. Conclusion: The findings of the study indicate that it is necessary to provide a systemic education program regarding advance directives for nursing students in order to provide knowledge related to advance directives and to help them establish positive attitudes toward advance directives.