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KMID : 1011120230160020001
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Bioethics Policy Studies
2023 Volume.16 No. 2 p.1 ~ p.49
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Review of the Legislative Discussion of the Life-sustaining Treatment Decision Act, Focusing on the Most Debated Issues
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Lee Hee-Jae
Kim Jung-A Claire
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Abstract
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This paper examines the legislative discussion of the Life-sustaining Treatment Decision Act, from the Supreme Court precedent in 2009 to the enactment of the Act in 2016. We examines what discussions were made for each issue and whether the decision was maintained or why it was suddenly omitted or changed.
Considering the object of terminal stage of life and death, where different disciplines and practical fields overlap, this paper identifies how issues in the enactment discussion are interpreted, manipulated, and defined in order to reach agreement at each stage of discussion. Due to the nature of the legislative discussion in which several subjects repeatedly appear and leave, it is observed that even the concept that was agreed in the previous stage is lost in the next stage. This paper traces how discussions over the past seven years have been proceeded on these issues: people who can withhold or withdraw life-sustaining treatment; how one can decide when a patient is incompetent; the role of the institutional ethics committee; and issues of imposing and exempting responsibility for medical professionals. The authors, who tracked the short history of the published literature, concluded that the future enactment and revision of end-of-life care and death-related legislation requires a discussion structure that allows the entire society to participate in, and requires sufficient information to be generated and delivered as a prerequisite for discussion.
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KEYWORD
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Life-sustaining Treatment Decision Act, social consensus, legislation, end-of-life process, terminal stage, surrogate decision making
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