미래신호 탐색으로 조력자살(PAS) 도입을 위한 법률개정안 제안

• 영문명: Proposed legislation to introduce physician-assisted suicide (PAS) by exploring future signals
• 발행기관: 충북대학교 법학연구소
• 저자명: 배시웅(Si-Woong Bae) 노승국(Seung-Kook Roh)
• 간행물 정보: 『과학기술과 법』제16권 제1호, 57~95쪽, 전체 39쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2025.06.30

국문 초록

In response to the demographic and medical realities of rapid aging and an increasing number of terminally ill patients in Korean society, this study examines the necessity of introducing physician-assisted suicide (PAS) as an institutional alternative to practically guarantee patients’ right to self-determination and a dignified death. The current End-of-Life Decision Act partially acknowledges patients’ rights to withdraw life-sustaining treatment, but its scope is limited to terminally ill patients, excluding those with irreversible conditions or persistent vegetative states. Consequently, many patients fall outside legal protection and risk enduring prolonged suffering or informal life termination. To address these institutional gaps, this study explores the legislative necessity and feasibility of implementing an assisted suicide system. Utilizing futures research methodologies, including text mining of domestic news articles related to ‘end-of-life care,’ ‘assisted suicide,’ and ‘dignified death,’ we identified emerging social signals indicating growing public interest and increasing demand for legalization. A comparative analysis of PAS systems in the Netherlands, Switzerland, and Oregon, USA, was conducted to inform the development of a framework suitable for Korean society. Key considerations for PAS implementation include ensuring patient autonomy, establishing legal safeguards, introducing pre-screening procedures with medical practitioner immunity, and strengthening integration with palliative care. The proposed Korean PAS system involves expanding the definition of terminal illness, instituting a minimum one-month deliberation period, mandating psychiatric evaluation, establishing a multidisciplinary review committee, and implementing follow-up supervision and statistical management. This study also discusses practical limitations within the current palliative care system and suggests improvements through integration with PAS. Ultimately, the findings demonstrate the feasibility of PAS introduction via empirical analysis of legal and social issues, highlighting the value of data-driven foresight in public policy. The recommendations aim to support an institutional framework that respects individuals’ rights to make end-of-life decisions while upholding human dignity.

목차

Ⅰ. 서론

Ⅱ. 선행연구 및 방법론

Ⅲ. 방법론 검증 및 분석 결과

Ⅳ. 제언 및 결론

참고문헌

키워드

의사조력자살(PAS) 연명의료결정법 환자 자기결정권 호스피스·완화의료 미래신호예측 Physician-Assisted Suicide (PAS) End-of-Life Decision Act Palliative Care Integration Patient Autonomy Futures Signals