안락사 개념의 새로운 정립과 비범죄화에 관한 연구

Current concept of euthanasia is confusing enough to interpret the same word in a different way. So, it is necessary to organize the term, 'Euthanasia'. When it comes to enter the area of Criminal law, the principle of “nulla poena sine lege, a need to define of euthanasia more clearly is self-evident. Upon conceptualize euthanasia neoterically, the starting point is just "life". It can be seen that human lives toward death from the birth, can also be viewed as dying. In other words, because humans ought to exist under the flow of a common time, the "life and death", it is needed that premise of the right of self-determination, the pursuit of happiness and the dignity of human includes not only the 'life' but also 'death'. Accordingly, "the right to die with dignity", select the life to the death, must be guaranteed by the right of self-determination. In Korea, it is seen as not consistent with the standards concept of euthanasia. Furthermore, the discussion on permission of euthanasia is intertwined complicatedly due to this reason. By paying attention to such points, this study is conducted as the overall discussion of the existing associated with euthanasia and the trial to define of the standardized concept of euthanasia on the basis of the right of die with dignity guaranteed by Constitution. In light of the concept which is newly defined, it is performed to demonstrate to classify euthanasia into small groups and justify euthanasia. After these demonstrations, it can be said that the purpose of this paper is examining the legal system of the country, which is already the legislation, and considering appropriate legislation example to us about euthanasia.