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A Study on the Acceptance of Physician-Assisted Suicide
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의사조력자살의 허용에 관한 고찰

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Type
Academic journal
Author
Seong Kyungsuk (용인대학교)
Journal
경상대학교 법학연구소 법학연구 법학연구 제27권 제4호 KCI Accredited Journals
Published
2019.1
Pages
211 - 240 (30page)

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A Study on the Acceptance of Physician-Assisted Suicide
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In recent years, there have been demand for patient`s self-determination and right to die in life and death to prolongs the time of death artificially for the terminally ill patients at the end of their lives. * Professor, The Department of Police Administration in Yongin University. Physician-assisted suicide involves the giving of assistance by a physician to enable her or his patient to commit suicide. Typically this might involve the provision of drugs to be taken by the patient in such quantities as to enable suicide. A more modern example is to provide a computer operated system by which an individual can direct a computer connected to medical apparatus to administer lethal quantities of drugs. The Physician-assisted suicide is justified if the following considerations are satisfied: a voluntary request by a competent patient, an ongoing patient-physician relationship, mutual and informed decision making by patient and physician, a supportive yet critical and probing environment of decision making, a considered rejection of alternatives, structured consultation with other parties in medicine, a patient`s expression of a durable preference for death, unacceptable suffering by the patient, and use of a means that is as painless and comfortable as possible. One of the main concerns with a general practice or policy on physician-assisted suicide is that serious abuses might occur. Physician-assisted suicide may be abused by unscrupulous doctors and family members of the patients. As a another problem, permitting physician-assisted suicide is not free from the penalty of assisting suicide, Section 252 ⑵ of the Criminal Code in our nation. Nevertheless, Physician-assisted suicide should be permitted by laws, because we should respect the preference of competent patients who are severely suffering from a painful illness. This could be helped to assist the terminally ill patients at the end of their lives to take their fate into their own hands, which is the most fundamental and supreme right the human being can have.
#의사조력자살 #환자의 자기결정권 #죽을 권리 #연명의료결정 #자살방조죄

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References (16)

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권영성 / 2009 / 헌법학원론 / 법문사 google schola 김성돈 / 2018 / 형법각론 / 성균관대학교 출판부 google schola 김선택 / 2018 / 의사조력자살의 합법화 : 세계적 동향 / 한국의료법학회지 26(1):27~73 Crossref 이기헌 / 2014 / 의사조력자살에 대한 고찰 / 홍익법학 15(1):199~224 dbpia 이주희 / 2011 / 조력자살과 형법 -안락사의 일 유형으로서의 조력자살을 중심으로 - / 법과정책연구 11(3):963~994 dbpia

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