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- 저자 : 강다롱 ( Kang Da Rong ) (검색결과 1 건)
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비교법적 검토를 통한 연명의료결정법의 개선 방향에 관한 제언 ― 대상 및 범위의 확대와 의사(意思) 추정 및 대리의 적절성 담보를 중심으로 ―
강다롱 ( Kang Da Rong ) 연세대학교 법학연구원 의료·과학기술과 법센터 2018 연세 의료·과학기술과 법 Vol.9 No.1
After the 2009 Kim grandmother incident in Severance hospital, the government, the National Assembly, and the civil society have undergone years of intense social consensus on suspension of life-sustaining treatment. As a result, the Act on Medical Care Decisions for Patients in Hospice and Palliative Care and Dying (hereinafter referred to as the “Health Care Decision Act”) was enacted and it was implemented in February 2018. The purpose of this study is to propose a supplement and improvement plan by deriving limitations and problems of the medical care decision making law. The Act aims to ensure self-determination of patients' lives and deaths, Procedures are exposed to various limitations and problems. First, this Act is only for the ‘patient in the end of the term’, so that the demand for the self-determination right of the terminal patient is not satisfied. Second, it allows only the suspension of special life-sustaining treatments and prohibits the suspension of general life-sustaining treatments. Third, when prescribing or surrogating a patient's intention, there is a lack of the appropriateness of the procedure, so that there is a high concern that the intention of the family is given priority over the patient's own intention. In order to overcome these problems, there is a need to supplement and strengthen legal requirements. First, the target of the medical care decision making law should be extended to ‘terminal patient’ and ‘patient with persistent vegetative state’. Second, in order to enhance the effectiveness of the decision to suspend medical services, it is necessary to legalize the termination of general life-sustaining treatment. Third, the role of the hospital ethics committee should be emphasized to ensure the procedural appropriateness of the presumption and representation of patient’s intention. Fourth, the court should actively utilize the precautionary control measures to ensure that the patients' self-determination regarding the suspension of medical care is fully guaranteed.
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