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KMID : 0986720130210020153
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Korean Journal of Medicine and Law
2013 Volume.21 No. 2 p.153 ~ p.169
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Regulation on the withdrawing Life-Sustaining Treatment
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Ko Bong-Jin
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Abstract
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This paper deals with the regulation on the withdrawing Life-sustaining Treatment. Now the national bioethics commission is trying to make a new law on the withdrawing Life-sustaining Treatment. But it is not sure, whether a new law is made or not. This paper analyses the criteria of justification of withdrawing Life-sustaining Treatment and suggests the possible content of a law on the withdrawing Life-sustaining Treatment.
Many people assert that the withdrawing Life-Sustaining Treatment can be justified only in the viewpoint of ‘self-determination’. Therefore it is very important to estimate the patient"s will, when patient didn"t write AD(Advance Directives). In this opinion patient"s will can be estimated with patients"s previous statements.
In this paper I suggest that the withdrawing Life-Sustaining Treatment can be justified in the standpoint of ‘patient"s best interest’. The Will of patient"s family members can be one of the justification factor on the withdrawing Life-Sustaining Treatment, when it reflects ‘patient"s best interest’ properly. The court‘s confirmation procedure is essential for the reflection of ‘patient"s best interest’.
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KEYWORD
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Withdrawing Life-Sustaining Treatment, Self-determination, Patient’s best interest, The Will of patient’s family members, Court‘s confirmation procedure
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