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KMID : 1142820190030010034
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Bio, Ethics and Policy
2019 Volume.3 No. 1 p.34 ~ p.58
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Comparative Debate on the Criteria of brain death and civil legal effect
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Kim Ki-Young
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Abstract
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This study deals with the recent trends in the debate on the concept of brain death and new legal issues. Legally, human death means termination of treatment, possibly as long as possible for organ acquisition. When the diagnosis of brain death is determined, most of the artificial respiration is usually terminated. Brain death is not only a loss of all cognitive abilities but also a loss of the central control unit of the body. The majority of the members of the Deutschen Ethikrat said that the unit of the organism was broken and that the body in this state can no longer be said to be a living person. If there are some uncertainties or deficiencies in the records and judgment criteria for the brain death, it may arise the question of clarity and reliability of the brain death judgment. In this respect, we review the comparative review of the debate over the concept of brain death and review the principles of death confirmation, and recognize it as an indispensable means of assessing prognosis for intensive care for additional treatment decisions, regardless of organ or tissue donation issues. The purpose of this study is to examine the content and meaning of the BAK guideline of the German federal government, which was recently revised in 2015 to strengthen the standards of brain death confirmation and to improve the quality of brain death(Ⅱ). In the legal aspect, it is also examined the effect of the civil law on the brain death and and how it affects them(Ⅲ). Finally, Finally, the conclusion suggests the significance of the amendment of the guideline on the determination of brain death in Germany, the evaluation of the strengthening of brain death standards, and the prospect of new problems(Ⅳ).
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KEYWORD
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death, brain death, irreversible brain malfunction, civil law, legislation
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