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KMID : 1142820230070020105
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Bio, Ethics and Policy
2023 Volume.7 No. 2 p.105 ~ p.137
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The Judicial and Legislative Discussions on Assisted Suicide in Germany
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Jing Li
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Abstract
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The issue of physician-assisted suicide has gained significant attention following the introduction of a bill to the Korean National Assembly in June 2022, which seeks to pre- vent doctors who assist terminally ill patients in ending their lives from being prosecuted for assisted suicide. This bill has sparked intense social debate on assisted suicide. Simul- taneously, there is growing interest in international cases, such as the recent judgement by the German Federal Constitutional Court to declare Article 217 of the German Criminal Code, which penalized repeated assisted suicide, as unconstitutional. This judgement has prompted new legislative discussions in Germany regarding the regulation of assisted sui- cide. In this context, this article aims to analyze various legal issues raised in the German case of assisted suicide. It covers the background and legislative process leading to Article 217 of the German Criminal Code, the debates and controversies surrounding its con- stitutionality, the content of the Federal Constitutional Court’s judgement declaring it unconstitutional, legal scholars’ assessments, and the Federal Council’s legislative discus- sions regarding new regulations of assisted suicide. Finally, this article provides insights into how these discussions in Germany may influence future legal and legislative debates on assisted suicide in South Korea.
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KEYWORD
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assisted suicide, physician-assisted suicide, the crime of assisting a suicide, right to die, right to self-determination on death
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