의사조력자살의 허용을 위한 법정책적 고찰

The discussion of euthanasia in the past began with the removal of physical pain. But today, the view of euthanasia is changing to the view of the Death with dignity as the right to die dignifiedly or the right of patient self-determination is emphasized. In addition, Korea has already entered an aging society with a population of more than 14% over 65 years old in 2017, and by 2026, we will enter a super-aged society. The change in this situations will increase the burden on individuals, society, and the nation. The recent Lifelong Medical Decision Law allows the suspension of life-saving medical care by recognizing the right to die dignifiedly under certain requirements as a basic right guaranteed by the Constitution. However, another form of th Death with dignity, the physician-assisted suicide, is prohibited. There is something in common in this respect that the suspension of life-saving medical care and the physician-assisted suicide are based on the patient’s self-determination and allow the patient to die while maintaining dignity as a human being. I emphasize that considering the respect of self-determination, the difference between the discontinuation of life-saving medical care and the physician-assisted suicide, the change of social awareness and the social reality, it is time for us to allow the physician-assisted suicide as legislatively as well as the suspension of life-saving medical care. In addition, we will also present concrete legislative solutions to derive social consensus.