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A Constitutional Study on Euthanasia

  • DONG-A LAW REVIEW
  • 2011, (53), pp.41-71
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Cho, Han Sang 1

1청주대학교

Accredited

ABSTRACT

Constitutional study on euthanasia should serve as compass in the whole euthanasia debate. In this context, the constitutional concept of euthanasia should be understood in a broad sense. Constitutional study need to focus on the legalization of euthanasia. The constitutional arguments in favour of euthanasia include right to self-determination, right to privacy, right to freedom of conscience, and so on. The arguments against euthanasia are associated with the dignity of man, right to life, etc. These arguments collide each other, and it is difficult to resolve this conflict. The principle of ‘weighting’ and ‘practical coordination’ can be used to resolve the conflict. The practical coordination principle has advantage over the realization of constitutional values as much as possible. There are many preconditions in order to legalize euthanasia, but Korea is not qualified for these yet. On the one hand, we must try legalize euthanasia with sharp analyzing situation. On the other hand, we must try to develop the discourse on euthanasia in our civil society.

Citation status

* References for papers published after 2023 are currently being built.