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KMID : 0986720200280020007
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Korean Journal of Medicine and Law
2020 Volume.28 No. 2 p.7 ~ p.31
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A reasonable Proposal for Introduction of Donation after Circulatory Death in Organ Transplantation
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Joo Ho-No
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Abstract
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This paper is the first discussion about introduction of Donation after Circulatory Death(DCD) in korean legal system. It is understood that DCD is not a concept of death, but a new criterion for determining cardiac death if it is not Brain Death(BD). Because a traditional cardiopulmonary death or a cardiac death is determined based on heart beating, but a newly emerged DCD is determined based on circulation. DCD has become an acceped strategy to reduce the shortage of organs for transplantation in many european countries. In Korea, the difference in supply and demand of organ for transplantation is getting deeper, and the legal environment changed by the enactment and enforcement of so-called ‘Act on Hospice and Palliative Care and Decisions on Life-Sustaining Treatment for Patients at the End of Life’ is raising the possibility of introducing DCD. This Paper consists of Ⅰ. Introduction, Ⅱ. The concept of DCD, Ⅲ. Foreign legislation, Ⅳ. The acceptance requirements of DCD and Ⅴ. The introduction for DCD. Finally, Ⅵ. The conclusion suggests three ways to introduce DCD, such as the amendment to so-called ‘Internal Organs, etc. Transplant Act’(organtransplantation act) in the first proposal, the amendment to so-called ‘Act on Hospice and Palliative Care and Decisions on Life-Sustaining Treatment for Patients at the End of Life’ and the amendment for systematic reorganization of both acts in the third proposal.
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KEYWORD
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cardiac death, cardiopulmonary death, donation after circulatory death(DCD), brain death, organ transplantation, Maastricht Classification
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