환자의 동의와 자율성의 법적·윤리적 고찰 ― 개인의료정보의 이용과 관련하여 ―

I criticize the dominant conception of autonomy in biomedical ethics. And I discuss the need for a vision of patient. First, I analyze the conception of autonomy put forth by Kant and Mill, and Beauchamp & Childress. So, this conception is not practical relevance in medical practice. For the purpose of overcoming this limitations, I explore the experience of autonomy for people with chronic impairment and illness. Beauchamp and Childress had contributed much for the conception of autonomy. Their’s principle of autonomy has been introduced in lots of biomedical ethics references explaining the conception of autonomy. But autonomy in biomedical ethics is different from autonomy in I. Kant and J.S. Mill. The core right which is for the protection of personal information is the right to informational self-determination. This right will be able to be defined as determining and managing by information subject in the process of collection, use, provision, disuse etc of personal information. But in means of including not only private but also public territory, personal information is regarded as independent fundamental right that is not provided in constitution. The right to informational self-determination concretely is composed with information approval claim, information reading claim, information correction claim, information block and elimination claim etc. Personal medical information in personal information means information of all which relates with the medical treatment by the medical staff and medical institution etc.