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KMID : 1011120220160010079
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Bioethics Policy Studies
2022 Volume.16 No. 1 p.79 ~ p.106
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Critical Review of the Legislation of Physician-assisted Suicide: Focusing on ‘Relational Autonomy Based on the Capability Approach’
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Mok Kwang-Su
Ryu Jae-Han
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Abstract
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This paper aims to critically examine ‘physician-assisted suicide’, which has recently been controversial in Korean society, through the discussion of ‘relational autonomy based on the capability approach’. So realize the concept of relational autonomy that reflects the specificity of the biomedical field, it is first necessary to overhaul the social-level system that promotes distorted choices and preferences and to correct distorted perceptions. However, due to the extreme difficulty of this process, the hasty physician-assisted suicide policy and its legislation does not produce the desired effects but what is worse, it has lead to infringement of autonomy, which is a serious side effect. Therefore, in order to secure relational autonomy based on the capability approach in the biomedical field, it is necessary to establish social awareness and consensus on good death and supplement the system through social solidarity on the concept of death. According to the discussion of relational autonomy, at an institutional level, it is necessary to first establish a system of palliative care that reduces the economic burden of patients. So the autonomy of end-stage patients to be well expressed in the life-sustaining treatment law. The minimum satisfaction of this institutional aspect naturally contributes to establishing the right understanding and awareness of good or decent death at the non-institutional level. In addition, if social awareness and culture of good death are formed in Korean society at this non-institutional level, the relational autonomy of terminal patients will be enhanced. Furthermore, patient autonomy will be guaranteed when discussions on customized life-sustaining treatment decisions take into account the diversity of individuals.
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KEYWORD
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physician-assisted suicide, relational autonomy, capability approach, good death
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