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KMID : 1142820190030010001
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Bio, Ethics and Policy
2019 Volume.3 No. 1 p.1 ~ p.15
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Legal Problems in Brain Death
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Joo Ho-No
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Abstract
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This paper examines the end of human life as a boundary between living person and dead body that differs in legal effects. Under the current law, this paper considers a traditionally accepted cardiac death and a newly emerged brain death from a limited range of organ transplantation as a criteria of death determination. In addition, this paper diagnoses that the method of medicalization in death determination criteria remains a future problem not only due to needs of dualization of cardiac death and brain death in criteria of death determination but also due to introduction of donation after cardiac death in criteria of cardiac death determination based on the rapid development of medical technology. Finally, this paper concludes that the accept possibility of donation after cardiac death and brain death as criteria of cardiac death determination and death determination depends on the equivalence with natural death in normative evaluation, that is satisfaction of conditions such as the accuracy of the medical determination about ultimate irreversible extinction of life and the logic of the social acceptance by the general public.
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KEYWORD
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cardiac death, brain death, donation after cardiac death, organ transplantation, end of life
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