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KMID : 0986720230310020137
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Korean Journal of Medicine and Law
2023 Volume.31 No. 2 p.137 ~ p.157
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Consideration of Minors' Right to Self-Determination at the End of Life under the Life-Sustaining Medical Care Decision System
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Choi Ji-Yeon
Lee Gang-Mi
Lee So-Hyun
Lee Eun-Young
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Abstract
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This paper aims to find out the problems of minors' end-of-life decisions in the end-of-life decision-making system and to suggest ways to improve them. As of February 4, 2018, it has been possible to refuse unwanted life-sustaining medical treatment under the Life-Sustaining Medical Care Decision System. Since its introduction, the right to self-determination at the end of life has been established in Korean society. According to Article 10 (3) of the Act on Hospice and Palliative Care and Decisions on Life-Sustaining Treatment for Patients at the End of Life (Life-Sustaining Medical Care Decision Act), if the patient is a minor, a life-sustaining treatment plan can be prepared after confirmation from the patient and their legal representative. Since a minor under the Life-Sustaining Medical Care Decision Act refers to a child as an individual from 0 to 18 years of age under the Child Welfare Act, the age range for creating an advance directive is wide. Since the Life-Sustaining Medical Care Decision Act applies the criteria for minors collectively according to age rather than decision-making capacity, a situation may arise in which the legal representative's right to consent, rather than the minor's right to self-determination, is emphasized and guaranteed when creating a life care plan that refuses life care. Therefore, this paper examines the legislation in various countries regarding the right to end-of-life self-determination to refuse life-sustaining treatment for minors. Further, it proposes improvement measures to ensure the right to end-of-life self-determination for minors to balance the minors’ best interests with the consent rights of parents as legal representatives in Korea's Life-Sustaining Medical Care Decision System.
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KEYWORD
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Minor, Best Interests of the Child, Act on Hospice and Palliative Care and Decisions on Life-Sustaining Treatment for Patients at the End of Life, Life-Sustaining Medical Care Decision System, Life-sustaining Treatment plan, Self-determination
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