연명의료중단의 형법이론적 근거
= Termination of life-sustaining treatment and the patient self-determination

 
제어번호 101890207
저자명 손미숙 ( Mi Suk Son ) 
학술지명 刑事政策(Korean Journal of Criminology)
권호사항 Vol.28 No.1 [2016] 
발행처 한국형사정책학회(Korean Association of Criminology) 
발행처URL http://www.kcriminology.or.kr
자료유형 학술저널
수록면 35-59(25쪽)
언어 Korean
발행년도 2016년
등재정보 KCI등재
판매처 한국학술정보

 
초록
In February 2016 was enacted a new law on the hospice and the termination of life-sustaining measure of the moribund Patient in Korea. It shall come into force in 2018. The purpose of this law is to guarantee the self-determination right of the terminally ill patient. The autonomy of the person is become lately not only in biomedical criminal law, but also in the biomedical ethics worldwide to a deciding principle. Autonomy means self-determination. That the person by the self-determination his freedom gets to experience, is due essentially to Kant. Since Person acts not after his instinct, but as the self-reflexive Beings according to the imagination of the law. Against this background tries this paper for which reason the so-called passive euthanasia (termination of life-sustaining measure of the Patient) despite § 252 para. 1 (Killing on Request or with Consent) Korean Penal Code no punishable act explains to find. The way of these grounds is based on the self-determination right of the moribund patient.

주제어
호스피스 및 연명의료결정법  , 생명의 종기  , 환자의 자기결정권  , 자율성  , 촉탁  , 승낙에 의한 살인죄  , law on hospice and termination of life-sustaining measure  , end of life  , right to the self-determination of patient  , Autonomy  , Killing on Request or with consent