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KMID : 0986720130210020171
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Korean Journal of Medicine and Law
2013 Volume.21 No. 2 p.171 ~ p.200
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Recent Trends in Legalization of death with dignity
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Joo Ho-No
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Abstract
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Legalization of death with dignity is already announced in Korea. Only the good legalization of death with dignity remains. To find suggestions for the best legalization have been examined both laws and precedents in United States, Germany and Japan as an example of foreign legislations. As a result, recent trends in legalization of death with dignity are summarized as follows. These are legalization of practice, making into civil law, request for no possibility of recovery, respect for the right to self-determination and adoption of procedure regulations. In conclusion, for the best legalization are made some proposals.
According to the proposal, the death with dignity must be allowed only to the patients with no possibility of recovery; It is necessary to protect the right to self-determination of patients. The most important thing in legalization of death with dignity is that the legalization shoud not be ‘unspoken pressure death". Living will or advance directive should not be a instrument to force the freedom of death if self determination is possible. As well, the right to life of the patient must be fully guaranteed even if the decision should be made by another person. On the other hand, the institutional development must be preceded in order to guarante the right to self-determination. The system of medicine, care and welfare is to be well developed in order to determine freely based on the true will according not to the family care burden or the economic burden etc. but to the view of life. In addition, it is necessary to procedures and systems to support the decision-making of such patients.
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KEYWORD
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death with dignity, patient’s self-determination, passive euthanasia, withdraw of life-sustaining treatment, recent trends
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