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A study legal and institutional for the prevention of suicide - Focused on Suicide Prevention and Establishment of Culture of Respect for Life Law -

  • DONG-A LAW REVIEW
  • 2012, (57), pp.85-118
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Park, Hyun-Jung 1,  Park, JongIk ORD ID 2

1고려대학교 법학연구원
2강원대학교

Accredited

ABSTRACT

The right to life specifies the right to defend against the state, that makes it possible to demand the state's violation to stop, when the state violates an individual's right to life. This paper attempted to discuss the need for and the effectiveness of ‘Suicide Prevention and Establishment of Culture of Respect for Life Law’ (referred to henceforth as ‘Suicide Prevention Law’) that has been active since March 31, 2012, by revisiting the meaning of the right to life which guarantees the highest value, the life, and is a major premise for guaranteeing all human rights, within the boundary of the state's duty to protect it from the violation of the right to life by the third person as a private individual. Korea's suicide rate is 28.2 people in 2010 (per 100,000) and ranks first among OECD countries has been overwhelming. Such a sharp increase in suicide rates, despite its social atmosphere, while the suicide of an individual's psychological problems have a tendency to lightly, socially proper attention was not paid. March 2011 “Suicide Prevention and Establishment of Culture of Respect for Life Law” was passed, by taking personal responsibility for the suicide were able to look at a wider dimension, countries need to protect the lives of the people for national legal obligations that provide a basis that is meaningful. And multifaceted and wide approach to realize the level of suicide precautions necessary for the prestigious law you have a legal basis to establish the background of suicide prevention can be called. This paper pointed out significances and deficiencies of Suicide Prevention Law through examination of it and discussed the legislative complementation for it. Considering few laws concerning suicide exists in the world except Suicide Prevention Law in Japan and law is only a by-product of societal needs, it would not be easy to find the status of suicide prevention laws that we can use as reference by comparing laws in other countries where suicide is not as serious. Therefore, it is difficult to predict effectiveness easily with regard to legislation at the moment. However, from now on Suicide Prevention Act should act as a measure to achieve the visible goal of the reduction in suicide rate through relevant policy-making and the execution of sufficient budget, and the revision of the law needed to achieve the goal should be accompanied.

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