조력 존엄사에 관한 형사법적 고찰

The discussion of assisted dignity ultimately stems from the point where the patient's right to life and the right to self-determination directly conflict. There is a fierce legislative debate in foreign countries over whether the act of assisted dignity can be allowed and under what conditions illegality can be denied. In Korea, the general public, government, academia, religious circles, medical circles, and legal circles have not agreed on the permission for a long time and have repeatedly debated. Since the urgent expression of a patient who is imminent at a time of death without possibility of rehabilitation to end his or her life in extreme physical pain respects the individual's right to self-determination and is an expression of human dignity and values, it cannot be denied unconditionally. Now, if the patient's condition cannot be recovered, it can be solved when the patient understands and respects the life he or she chooses. The problem of assisted dignity is considered to be desirable to be regulated by a special law (hereinafter referred to as the title: The Act on Suicide Assistance by Doctors) so that the patient can complete a dignified and painless life through medical assistance under strict permission requirements for qualified doctors by respecting the patient's right to self-determination and human dignity. In other words, it is essential to establish clear standards for doctors' suicide assistance through the enactment of laws on doctors' suicide assistance. In this study, after reviewing foreign laws on the history of assisted dignity and reviewing criminal laws such as Korean theories, precedents, and legislative bills announced by the National Assembly, the permissible requirements and legislative contents to be included in the enactment of the law on doctors' suicide assistance were presented.