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KMID : 0986720050130020025
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Korean Journal of Medicine and Law
2005 Volume.13 No. 2 p.25 ~ p.34
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Analysis of the Organ Distribution Rule by the Theory of Justice
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Kim So-Yoon
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Abstract
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The purpose of this article is to analyse brain death donation transplantation which is regulated by the organ distribution rule by ’the Rawls’ theory of justice’ before and after the launching of Korean Network for Organ Sharing(KONOS, 2000. 2. 9) Before the launching of KONOS, there was correspondence in the fact that brain death was not considered as death by all brain dead patients. But, actually many brain dead patients donated organs, therefore there was no correspondence in reality. In the current organ distribution rule, brain death is considered as death, with party, for all brain dead patients who express intention to donate organs, and it is legally permitted with the premise of ’organ donation’ Before the launching of KONOS, the distribution of organs from brain dead patients was done as ’liberal nobility’, after the launching of KONOS, it was done as ’democratic equality’. On the whole, after the launching of KONOS, and the exrcution of the organ transplantation rule, the party of organ distribution improved as an aspect of the distributive justice, when compared to the past, but not as an the aspect of the transplanted kidney survival rates. Henceforth, workers in the field of organ transplantation need to devote all energies to secure brain dead organ dornors.
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KEYWORD
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Brain Death, KONOS, Rawls’ Rule of Justice, Organ Transplantation
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