생명의료 영역에서 ‘모를 권리’의 개념과 헌법적 근거

This study aims to evaluate the concept of the right not to know and its constitutional grounds, which have been the subject of recent legal studies. Regarding the problem of the right not to know, foreign cases are primarily discussed, and relevant laws and precedents are compiled. Although the right not to know has not yet been asserted in specific cases in Korea, it has become a realistic concern in the country due to technological advancement and increased international exchanges. Recent research on the right to not know has been conducted in a variety of disciplines in Korea, including ethics, civil law, and public law, but the concepts and topics of these studies vary. Numerous studies acknowledge that this is a Constitutional fundamental right, but they do not provide a clear explanation. In this context, it is necessary to clarify the concept and basis of the right not to know in order to set the groundwork for future theoretical discussion and institutional arrangements. Consequently, in this study, domestic and international situations in which the right not to know is asserted were analyzed, and, among other possibilities, the discussion on the right not to know in the biomedical field was examined in depth. By analyzing what domestic and foreign claims on the right to not know expressly assert, it was conceptualized in the context of our legal system’s consideration of the life and health of patients. After examining potential constitutional grounds for the right not to know, the conclusion summarizes the content summary and future research duties. On the basis of knowing one’s ignorance, this study viewed ignorance as a matter of deciding whether to maintain ignorance or progress toward knowledge. And the ignorance at this time is limited to instances in which knowledge is not particularly beneficial in the problem situation and only causes more harm. The constitutional foundation for the right to remain ignorant is autonomy.