의료행위에 대한 미성년자의 의사결정권- 캐나다의 법률을 중심으로 -

A minor may consent or reject to medical care, regardless of his/her age, if he/she has the capacity to understand the information that is relevant to making a decision about the medical care and to appreciate the reasonably foreseeable consequence of a decision or a lack of such decision. However, problem may arise if the parent/guardian disagrees with the minor’s decision to consent or reject medical care. The parent/guardian’s right should reasonably be exercised in accordance with the nature of the medical care, whether it is related to his/her health and causes the grave and serious affection, to the decision of consent or refusal made by the minor. Additionally, it should be considered to make a third-party institution judge the legal matter regarding the minor’s capacity for medical care and the medical care providers’ release from any potential liability with respect to the minor’s decision making, as far as he/she provides the medical care to the minor upon the reasonable judgment for the minor’s capacity, even without the consent from a parent/guardian. Under the Canadian legal system, the minor’s rght to decide upon the medical care for himself is protected by law, so that the additional consent from parent/guardian or withdrawal by such is prohibited. Furthermore, a third party specialized institution has the authority to dissolve any related matter in an efficient and timely manner. In this regard, the Canadian legislation may be considered helpful for future Korean legislation.