In modern society, improving wellbeing and health of human and quality of life have become important goals that humankind pursues. In this point of view, for dignified and solemn death of terminal patients, there is increasing interest in the decision...
In modern society, improving wellbeing and health of human and quality of life have become important goals that humankind pursues. In this point of view, for dignified and solemn death of terminal patients, there is increasing interest in the decision on ending medical care for life prolongation and the system of advance determination of intention on life-sustaining treatment.
This study aims to make a person have correct understanding of the decision on ending medical care for life prolongation and the desirable application of the system of advance determination of intention on life-sustaining treatment by the right of self-determination.
The material in this study is derived mainly from the literature on this subject, study of a judicial precedent, and collected data through literature about a legal foundation of deciding to end life-sustaining treatment in Korea and other countries, present state of understanding of the system of advance determination of intention on life-sustaining treatment. The purpose of this study is to find problems of the system of advance determination of intention on life-sustaining treatment and to suggest the ways of promoting the system by reviewing previous studies. The result of the study can be summarized as follows.
First, the form of advance determination of intention on life-sustaining treatment should be improved. The current form of advance determination of intention on life-sustaining treatment which is unofficially circulated in our society has many problems. The current form does not made by due process and be made without foundation of law. It was made for the convenience of various organizations before“The Act of patient‵s decision on life-sustaining treatment”was enacted. In this study, the point I want to make is that there is the need to create a new form of advance determination of intention on life-sustaining treatment which is based on the‘Act of patient‵s decision on life-sustaining treatment.’
Second, the time of writing the advance determination of intention on life-sustaining treatment should be changed. According to article 12, paragraph 1 of 'The Act of patients' decision on life-sustaining treatment', those who hope to write the advance determination of intention on life-sustaining treatment can do so whenever his or her 'mind is clear'. And the meaning of‘mind is clear’is ambiguous. As law term, it is not proper term. On these grounds I have come to the conclusion that the time of writing the advance determination of intention on life-sustaining treatment should be done when a person is hospitalized or take a health examination.
Third, it is necessary to cultivate a professional counselor to give a person advice on the system of advance determination of intention on life-sustaining treatment.
'Act of patients' decision on life-sustaining treatment' §11 prescribe registration organizations but ther is no prescription about the man power that will handle the actual counseling work. There should be education and training of professional counselors who will perform tasks mentioned in § 11④ of the same Act(tasks decided by the ordinance of the Ministry of Health and Welfare, such as registration of advance determination of intention on life-sustaining treatment. giving explanations, offering support to writing the advance determination of intention on life-sustaining treatment, providing information and publicizing the system during consultation, alteration, withdrawal, and notifying results). If the role of professional consultants is improved, they can execute the role for the entrants(witnesses) of the system of advance determination of intention on life-sustaining treatment, simplify the procedure, and activate the system of advance determination of intention on life-sustaining treatment.
Fourth, It is necessary to make a person change understanding of the decision on ending medical care for life prolongation.
① There should be change understanding about the necessity of medical care for life prolongation and the system of advance determination of intention on life-sustaining treatment. ② It is necessary to activate the system of advance determination of intention on life-sustaining treatment.
and ③ It is necessary to stir up positive public opinion about the decision to end medical care for life prolongation.
Fifth, It is necessary to activate hospital ethics committee. For promoting solemn decision of ending life-sustaining treatment. The same Act§14, as the essential functions of hospital ethics committee prescribes as follows. deliberation of the decision of ending life-sustaining treatment in the bioethics aspect on behalf of terminal patients without the decision-making ability and offering consultation to patients, patients' family, and medical staff.
On these grounds I have come to suggest the improvement plan as follows.
① The way of managing hospital ethics committee should be improved. ② Centering on hospital ethics committee, improvements should be made in ⓐ offering information to patients on life-sustaining medical treatment ⓑ consultation service ⓒ education and policy development service ⓓ improving the qualification criteria of the members of hospital ethics committee.
Keywords : ending of medical care for life prolongation, the right of self-determination, the system of advance determination of intention on life-sustaining, patient‵s decision on life-sustaining treatment