KMID : 1011120150090010001
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Bioethics Policy Studies 2015 Volume.9 No. 1 p.1 ~ p.32
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Study on Right to Consent of Patients of Organ Transplantation
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Moon Sang-Hyuk
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Abstract
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This paper was started as a curiosity in how the organ donor and the transplantee express their intentions during the process of a transplant operation involving organ donation. In searching for the regulation regarding one¡¯s own consent and the consent of one¡¯s family or the family of the deceased in organ donation, it was found that organs of people who aren¡¯t dead can only be removed upon one¡¯s own consent, according to Article 22 of ¡°INTERNAL ORGANS, ETC. TRANSPLANT ACT.¡± As an exception, removal of organs from minors of 16 or above or bone marrow from minors of below 16 needs one¡¯s own consent and the consent of the donor¡¯s parents or legal representative. However, there was no specific regulation in ¡°INTERNAL ORGANS, ETC. TRANSPLANT ACT¡± regarding the transpirable act of conflicting interest when a minor 16 or above donates his/her organ to the parents. Also, it was found that the adult guardianship system that was enforced since 2013 still does not has the content reviewed completely. Thus, I felt the need of revision in ¡°INTERNAL ORGANS, ETC. TRANSPLANT ACT¡± and started studying in this field.
It is most important to prioritize the patient¡¯s voluntary consent regarding the right of consent of the organ donor and the transplantee in ¡°INTERNAL ORGANS, ETC. TRANSPLANT ACT.¡± Although our cultural judgment such as social change and change in the family system can be an important standard, there is no significance in prior consent if one¡¯s own intention is not respected and the opinion of the parents or family is customarily more valued than one¡¯s unconstrained decision-making. An approval from a third person, institution, or preferentially from an ethics commission or religious organization as a family or ethical aspect can be a good way to solve these problems. Thus, the own intention of the donors of organs or others himself/herself must be respected above all. Decisions opposing one¡¯s own intention should not be made according to the intentions of the family or family of the deceased not only if one made a consent when one is alive, but also if one declared a clear intention before death. The problem is when one did not declare his/her clear intention when alive. In such situation, one¡¯s own opinion must be respected by inquiring his/her family or related people about one¡¯s usual intention regarding organ donation. If one did not have a clear intention when alive, donation of organs or others must only be removed upon the consent of the family or family of the deceased.
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KEYWORD
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organ transplant, adult guardianship, right to consent, xenotransplantation, INTERNAL ORGANS, ETC, TRANSPLANT ACT
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