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KMID : 1011120090030020155
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Bioethics Policy Studies
2009 Volume.3 No. 2 p.155 ~ p.172
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A Patient’s Right of Self-Determination for Withdrawal of the Life-Sustaining Treatment; Court Case Review
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Choe Ji-Yoon
Kim Hyeon-Cheol
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Abstract
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Recently the Supreme Court in Korea has permitted the withdrawal of lifesustaining treatment of an old dying patient in PVS. The judgment was made on the basis of the patient"s right of self-determination. The Court has inferred the patient"s presumptive intention from the patient"s former statements, religion, character, age and so on, and judged that the right of selfdetermination can be exercised even through the “presumptive intention.”
But the patient’s right of self-determination can’t be exercised by the inferred intention for the presumptive intention is a mere hypothesis. If human dignity is generally recognized as an indispensable value of his or her whole life, the withdrawal of life-sustaining treatment should be justified by a patient’s interest for itself.
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KEYWORD
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withdrawal of the life-sustaining treatment, the right of self-determination, death with dignity, a patient’s best interest
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