연명의료중단의 형법이론적 근거

• 영문명: Termination of life-sustaining treatment and the patient self-determination
• 발행기관: 한국형사정책학회
• 저자명: 손미숙(Mi suk Son)
• 간행물 정보: 『형사정책』刑事政策 第28卷 第1號, 35~59쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.04.30

영문 초록

In February 2016 was enacted a new law on the hospice and the termination of life-sustaining measure of the moribund Patient in Korea. It shall come into force in 2018. The purpose of this law is to guarantee the self-determination right of the terminally ill patient. The autonomy of the person is become lately not only in biomedical criminal law, but also in the biomedical ethics worldwide to a deciding principle. Autonomy means self-determination. That the person by the self-determination his freedom gets to experience, is due essentially to Kant. Since Person acts not after his instinct, but as the self-reflexive Beings according to the imagination of the law. Against this background tries this paper for which reason the so-called passive euthanasia (termination of life-sustaining measure of the Patient) despite § 252 para. 1 (Killing on Request or with Consent) Korean Penal Code no punishable act explains to find. The way of these grounds is based on the self-determination right of the moribund patient.

목차

Ⅰ. 서언

Ⅱ. 연명의료중단과 관련된 형법적 문제

Ⅲ. 연명의료중단의 형법이론적 근거

Ⅳ. 결어

참고문헌

Abstract

키워드

호스피스 및 연명의료결정법 생명의 종기 환자의 자기결정권 자율성 촉탁 승낙에 의한 살인죄 law on hospice and termination of life-sustaining measure end of life right to the self-determination of patient Autonomy Killing on Request or with consent