연명중단에 관한 관련법 제정에서의 주요 내용과 방향성을 위한 소고 - 네덜란드「연명중단 및 자살방조를 위한 심사법」의 내용을 중심으로 -

On May 21, 2009, all medical instruments for sustaining the life of an old woman patient were legitimately removed in accordance with final judgment of the Supreme Court by her will and the consent of her family, but she has still survived with stable breathing. As a result, this case has involved social controversies about termination of meaningless life-sustaining medical treatment. In Korea, it is not so many years that there have been social interests and discussions formed concerning the termination of meaningless life-sustaining medical treatment. In terms of terminal care, however, some advanced foreign countries have even limitedly approved the right to refuse any medical treatment only for sustaining the life of patients in accordance with relevant judicial precedents since 1970's. Furthermore, there have been many discussions about certain hot issues such as physician-assisted suicide, death with dignity and natural death. As an example of actual disputes concerning the termination of life-sustaining medical treatment, the Right of Terminally Ill Act (a law regarding the rights of terminal patient) was enacted by the Legislative Assembly of Northern Territory in 1995 with a view to legalizing active euthanasia even under social controversies. Ultimately, the said Act was rejected by the Senate of Australian Parliament. In particular, the Netherlands already enacted Review Procedures for Termination of Life on Request and Assisted Suicide and Amendment to the Penal Code and the Burial and Cremation Act (hereinafter called ‘Euthanasia Act’) in 2001. This Act concludes that attending physician may disclaim any responsibility or liability for death with dignity which complies with certain requirements and procedures. Some foreign countries have already proceeded with a series of active discussions on death with dignity, and have enacted laws concerning the termination of life-sustaining medical treatment or have still addressed active discussions on enactment of such laws. On the contrary, Korea has just begun to discuss this issue with interests in recent years. The purpose of this study is to investigate what is covered by overseas laws regarding termination of life on request as well as details behind the enactment of such laws, so that it can examine what is discussed concerning this issue in Korea, major considerations of legal provisions required for future enactment of relevant laws, and possible orientation of such enactment in the future. Starting from such a critical mind, this study focused on discussing the ‘Euthanasia Act’ in the Netherlands, because Netherlands contemporary social and medical settings at the enactment of the Euthanasia Act were more or less similar to those of Korea, so the said Act may be a good reference for Korea to enact the law on death with dignity. Notably, the Netherlands had limitedly approved the euthanasia in accordance with judicial precedents before the enactment of Euthanasia Act. In this respect, it is inevitably consequential to review social environment and major judicial precedents before the enactment of said Act. Hence, this study deals with major considerations about Netherlands Euthanasia Act, major considerations for Korea to enact laws concerning the termination of life on request in near future, and also gives suggestions for possible orientation of such enactment.