In this article, we reexamine the theory of emergency evacuation and conflict of duty under criminal law, taking into account the so-called ‘triage’ situation, with issues related to the distribution of medical resources in mind. Accordingly, the purpose is to reduce the burden of criminal liability on medical personnel when they encounter an emergency situation and to provide a foundation for rapid emergency rescue. The contents are briefly summarized as follows. In the case of ‘Ex ante-Triage’, since the equivalent duty-the doctor's duty to provide life-saving treatment-conflicts with each other according to the legal theory of justifiable conflict of duties, the illegality is eliminated regardless of which duty is chosen. However, in such situations, medical professionals who are faced with decisions may feel a tremendous mental burden, such as anxiety about whether they are treating the disabled at a disadvantage, so it is desirable to establish specific implementation standards and procedures to resolve this. In this case, there is a problem in that it changes the theory of conflict from theory of obligation to utilitarianism based on the likelihood of success in theory of conflict of obligation, which allows for qualitative and quantitative comparisons between life and life. Therefore, from the perspective of equality, the latter contingency principle is still valid. In the case of ‘Ex post-Triage’, the prevailing view is that the problem of conflict between the duty to inaction and the duty to act should be resolved through the application of emergency evacuation regulations rather than the legal doctrine of conflict of justifiable duties. However, even in this case, the Coca-Vila theory is superior in its theoretical composition, which acknowledges that it is a case of conflict of duties, examines the equivalent value of conflict of duties, and then denies justification by conflict of duties. Since our country has adopted a similar legal system and legal theory to Germany, discussions on triage in Germany will be of great value to our country in many ways. However, there is a need to develop an independent triage theory that is suitable for our country's medical, cultural, and legal systems. In addition, among the multiple life protection obligations, failure to fulfill one of the obligations will inevitably result in a breach of duty. In such extreme situations, it is desirable to legislatively present certain clear criteria to serve as selection guidelines in order to avoid placing excessive legal and mental burdens on doctors. Even so, there is a need to develop an independent triage theory that is suitable for our country's medical, cultural, and legal systems. In addition, in extreme situations where one party's performance of multiple life protection obligations can immediately lead to a breach of duty, excessive legal and mental burdens should not be placed on doctors. For this purpose, it would be desirable to establish clear criteria that can serve as legislative selection guidelines.
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