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lib@nibp.kr
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| 발행년 : | 2006 |
|---|---|
| 구분 : | 국내학술지 |
| 학술지명 : | 외법논집 |
| 관련링크 : | http://www.riss.kr/link?id=A76468368 |
우리나라 장기이식의 현황과 법률문제
= A Study on Actual Profile of Organ Transplantation in Korea and Relevant Legal Issues8
- 저자명
- 학술지명
- 권호사항
- 발행처
- 발행처 URL
- 자료유형
학술저널
- 수록면
147-172(26쪽)
- 언어
-
- 발행년도
2006년
- KDC
360.5
- 등재정보
KCI등재후보
- KCI 피인용횟수
5
- 주제어
장기이식 ,뇌사자 ,인간생명 ,환자의 치료 ,장기 기증자 ,자가이식 ,이종이식 ,인공장기 ,사체훼손 ,장기수용 ,사체 ,인간존중 ,장기등이식에 관한 법률,Organ transplantation ,brain death ,human life ,medical treatment ,donor auto-transplantation ,Xenograft. medical organ ,damaged corpse,organ recipient ,dead body ,human respect ,The Organ and Equivalent Transplantation Act
초록 (Abstract)- Organ transplantation, the finest example of modern medicine, is based on respect for human life in that it can deliver patients from malignant diseases incurable in past.
Since the first successful operation in 1969 as followed by successful transplantation of liver extracted from a person with brain death in 1988, organ transplantation has been already one of most crucial medical arts in Korean and global medicine. Here, organ transplantation consists of 2 processes; one is transplanting organs for medical treatment of patients, and the other is extracting necessary organs from organ donor. The organ transplantation includes auto-transplantation(organ recipient = organ donor), xenograft(replacement with animal organs), insertion of mechanical organs and more. These cases don"t involve any special legal issue except general issues in surgical operation such as medical adaptation for such treatments, technical criteria about such medical behaviors and patient"s agreement.
But in case of xenograft that needs different organ donor from organ recipient, any one party concerned faces inevitable issues like lost organs or damaged corpse, and the other party benefits from survival or recovered health via transplantation. Because of this contradiction, the organ transplantation involves a question about how to resolve relevant legal issues. As shown here, it is also necessary to discuss extra legal considerations about different interests in organ transplantation between organ donor and recipient. Although there are issues concerned with organ transplantation in terms of organ recipient, it may be construed as general medical behaviors in regard to the nature of medical cure. However, from the standpoint of organ donor, even though the extraction of organ is indispensable for the cure of organ recipient, such extraction itself is not inherent behaviors of medical cure, so it is necessary to build up a series of legal principles to legitimate such behaviors. Here, they depend on whether certain organ is extracted from living organism or dead one. Furthermore, the extraction of organ from living or dead body involves a series of questions like whether to follow the intent of person who has a disposition authority, who the person is, which legitimate effects the expression of his/her intent may have in force, and so forth.
In addition, in terms of organ transplantation from living organism for successful transplantation, conflicts concerned with brain death related to beginning and end of person as principal with capacity of enjoyment of rights have been already controversial in discussions between legal and medical circles since long decades ago. Fortunately, the latest enactment and enforcement of “Organ and Equivalent Transplantation Act” gives a clue to resolve these conflicts, but there are still little reviews and studies about potential issues concerned with human respect. It is possibly expected that there will be a series of brisk academic discussions about these issues. From this viewpoint, this paper focuses on posing questions related to organ transplantation and suggesting corresponding solutions.
- Organ transplantation, the finest example of modern medicine, is based on respect for human life in that it can deliver patients from malignant diseases incurable in past.
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