자기결정권 존중을 위해 선행해야 하는 것들: 의사조력자살과 연명의료 유보나 중단과 관련하여*

Abstract

In this article I review Koh YS’s recent article concerning the legalization of physician-assisted suicide and provide additional support for the arguments he advances. Koh argues against the legalization of physican-assisted suicide and for an extension of the period in which the withholding or withdrawal of life-sustaining treatment is carried out following a patient’s request. I claim that the very arguments Koh presents against the legalization of physician-assisted suicide may be arguments against the extension. In particular, the extension presupposes a new social consensus just as the current performance period for withholding or withdrawing life-sustaining treatment was based on the social consensus that existed at the time that legislation was passed. Additionally, I argue that certain safeguards must be established or implemented to respect the right to self-determination in our society. For example, the monitoring and service of end-of-life care must be enhanced in order to prevent any coercion or abuse in individual decisions on life-sustaining treatment.