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@article{ART001473210},
author={송영민},
title={The Standards of Judgement on the Consent Capacity of Patients},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2010},
number={48},
pages={577-602}

TY - JOUR
AU - 송영민
TI - The Standards of Judgement on the Consent Capacity of Patients
JO - DONG-A LAW REVIEW
PY - 2010
VL - null
IS - 48
PB - The Institute for Legal Studies Dong-A University
SP - 577
EP - 602
SN - 1225-3405
AB - The existence of consent capacity should not be judged uniformly by a certain age, and also not be judged formally by an objective circumstance that a patient has mental problems. Therefore, the existence of consent capacity of patients about treatment behaviors should be judged separately and specifically on the basis of concrete situation of patients at the point of decision making. In addition, to judge consent capacity separately and specifically, it should be considered how much the treatment behaviors would affect the bodies and lives of patients, and third persons would affect patients' decision making after establishing several principles. The principles are as follows. ①Could patients remember and understand the informations about the treatment behaviors? ②Do patients have the abilities to trust the informations? ③Could patients make logical decisions through comparing the informations? ④Do patients have the abilities to deliver the drawing conclusions to others?However, considering the relationship of patients' age, it could be assumed that the adult patients have the abilities of decision making in principle unless it has been proved that they have no abilities of decision making in the Republic of Korea, referring Mental Capacity Act Article 1 Section 3 of the United Kingdom. Moreover, the Republic of Korea has no laws like the Family Law Reform Act Article 8 Section 3 of the United Kingdom that the persons under age are able to have the rights of the consent capacity on the treatment behaviors in case they reached a certain age. So, I suppose, it would be more reasonable for the age of over 16 and less than 20 to judge the existence of consent capacity based the standards of judgement on the concrete consent capacity, considering the point that the persons over 16 have the right to agree their organ donations according to the existing Internal Organs, etc. Transplant Act.
KW - Consent Capacity;Legal Capacity;Family Law Reform Act of the United Kingdom 1969;Mental Capacity Act of the United Kingdom 2005;Internal Organs;etc. Transplant Act;Patient's Right of Decision Making
DO -
UR -
ER -

송영민. (2010). The Standards of Judgement on the Consent Capacity of Patients. DONG-A LAW REVIEW, 48, 577-602.

송영민. 2010, "The Standards of Judgement on the Consent Capacity of Patients", DONG-A LAW REVIEW, no.48, pp.577-602.

송영민 "The Standards of Judgement on the Consent Capacity of Patients" DONG-A LAW REVIEW 48 pp.577-602 (2010) : 577.

송영민. The Standards of Judgement on the Consent Capacity of Patients. 2010; 48 : 577-602.

송영민. "The Standards of Judgement on the Consent Capacity of Patients" DONG-A LAW REVIEW no.48(2010) : 577-602.

송영민. The Standards of Judgement on the Consent Capacity of Patients. DONG-A LAW REVIEW, 48, 577-602.

송영민. The Standards of Judgement on the Consent Capacity of Patients. DONG-A LAW REVIEW. 2010; 48 577-602.

송영민. The Standards of Judgement on the Consent Capacity of Patients. 2010; 48 : 577-602.

송영민. "The Standards of Judgement on the Consent Capacity of Patients" DONG-A LAW REVIEW no.48(2010) : 577-602.