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KMID : 1172020120130020063
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Journal of Korean Bioethics Association
2012 Volume.13 No. 2 p.63 ~ p.76
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Organ Donation from Korean Death Row Inmates
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An Sang-Hee
Kwon Ivo
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Abstract
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This paper focuses on the organ donation and organ donation pledge from Korean death row inmates and considers this matter from an ethical point of view by comparing with other countries" cases. Compared to Western countries, Asian countries which are influenced by Confucianism show low organ donation rates. Yet there are death row prisoners who are willing to donate their body after penalty. However, there has not been any research done related to this matter. Since 1997, capital punishment has not been practiced although it had continued to be sentenced in Korea. The reason is that the enforcement of capital punishment has been a very sensitive issue. In addition, public announcement about capital role is rare. Therefore, we conducted a survey based on the press data and interviews.
After the authoritative interpretation in 1961, there was a tacit approval to allow death row inmates to donate their kidneys and eyes after penalty; however, there was no legislation for this practice and this led to a failure of some donations. Furthermore, prisoners are prohibited from donating organs while alive. Therefore, we should amend the organ donation law considering the prisoners" unique circumstances so that they can demonstrate their sincere penitence. In the enactment of the law, a safety-net for the death row inmates and prisoners should be set to prevent them from being vulnerable subjects.
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KEYWORD
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death row inmate, organ donation, legislation
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