연명의료중단의 형법이론적 근거

Abstract

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.