「자살예방 및 생명존중문화 조성을 위한 법률」의 법적 쟁점과 과제

1. According to the ‘OECD Health Data 2014’, Korea has the highest suicide rate among OECD countries for 10 years from 2003 to 2012. For that reason, we enforced many suicide prevention policies. Although Ministry of Health and Welfare announced the National Suicide Prevention Plan in 2004 and in 2008, they do not seem to stop the increasing trend of suicide. In 2011, “ACT FOR THE PREVENTION OF SUICIDE AND THE CREATION OF CULTURE OF RESPECT FOR LIFE(hereinafter referred to as ‘SUICIDE PREVENTION ACT’)” was enacted to protect people's invaluable life and create a culture of respect for life by providing necessary matters for responsibilities and suicide preventive policies at a national level. But the suicide rate did not decrease and various problems have been pointed out. This study aimed to analyze the ‘SUICIDE PREVENTION ACT’ with a public and administrative legal approach and to suggest legalㆍpolicy directions to reduce suicide rate in Korea. This article is a preliminary study of the country's role and responsibilities to prevent suicide. 2. Before considering ‘SUICIDE PREVENTION ACT’, this article reseached suicide prevention policies with a comparative consideration. There are countries like the United States, Finland, Japan, where decreased suicide rates by implementing suicide prevention acts and policies. They established a suicide prevention system reflecting characteristics of each area and population, installed suicide prevention organizations and had implemented a realistic suicide prevention policy. Also ensured organizational and financial foundations and built an actual delivery system which has practical cooperation between the government and the private sector. 3. ‘SUICIDE PREVENTION ACT’ recognizes the right to request the central government or a local government to support him/her when him/her is at risk of suicide or finds him/herself at risk of suicide, But it doesn't mention about substantive and procedural details which him/her, including persons who attempted suicide and family members of a person who committed suicide, can request. Therefore, ‘SUICIDE PREVENTION ACT’ has to make a provision about protection service, emergency measure and dispositions of welfare, and supplement the law with life-cycle-specific and suicide-cause-specific and suicide-risk-specific treatments. The government or local governments can conduct a survey in order to grasp the actual situation of suicide and needs and demands for services for the prevention of suicide, such as screening tests, fact-finding suveys on suicide, psychological autopsy. They have a character as administrative investigation survey, so they should not infringe the rights of the individual and keep the substantive and procedural limitations. But, if there is a strong need for researching and provide information to the third as crisis response, the relevant regulations needs to refine the exceptional cases to allow the research and provision. Also it is important to activate legislative basis for monitoring and analyzing of statistical data on suicide deaths, in order to establish a more substantial suicide prevention policy and invigorate follow-up management of persons who attempted suicideLastly, we have to expand local suicide prevention centers and organize a suicide prevention delivery system which has cooperative network between the central government ministries, central government and local governments, the public and the private sector.