Legislation concerning Physician-assisted Suicide in Korea (우리 사회의 의사조력자살 법제화)

KOH YS (고윤석)

doi:10.35301/ksme.2022.25.4.313

Legislation concerning Physician-assisted Suicide in Korea

Korean Journal of Medical Ethics
Abbr : 의료윤리
2022, 25(4), pp.313-323
DOI : 10.35301/ksme.2022.25.4.313
Publisher : The Korean Society For Medical Ethics
Research Area : Medicine and Pharmacy > General Medicine
Received : September 8, 2022
Accepted : October 13, 2022
Published : December 31, 2022

KOH YS ¹

¹울산대학교

Accredited

ABSTRACT

In 2011 Korean Medical Association proposed guidelines concerning the withdrawal of life-sus-taining medical treatment, but in the years that followed, the proposal and the issue it addressed failed to receive any significant public attention. However, Korean legislators have recently held discussions on the so-called “Aided Dignity Death Act” (i.e. the Partial Amendment to the “Act On Hospice And Palliative Care And Decisions On Life-sustaining Treatment For Patients At The End Of Life”). Public discussions such as these are evidence of the rapid social changes that are taking place in Korean attitudes towards end-of-life care. In light of these recent changes, efforts should now be made to build a social consensus on the rights of patients at the end of life. This article contributes to that consensus-building process by analyzing the following six aspects of the proposed legalization of physician-assisted suicide (PAS): a patient’s right to choose the manner and timing of their death, the contents of the proposed act, the legitimacy of medical practices to support PAS, how prepared the Korean medical community is for the implementation of PAS legislation, the complement of the current legislation on end-of-life care, and the necessity of an organization for facilitating social discussions on PAS. The article argues for extending the right of patients to decline any intensive care from the “period of imminent death” that is mentioned in the current legislation on end-of-life care to the “terminal stage of life.”

KEYWORDS

physician-assisted suicide, autonomy, palliative care, end-of-life care, end-of-life act

Citation status

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

[book] Dowbiggin Ian Robert / 2007 / A Concise History of Euthanasia: Life, Death, God, and Medicine / Seomdol

[journal] Emanuel EJ / 2016 / Attitudes and Practices of Euthanasia and Physician-Assisted Suicide in the United States, Canada, and Europe / JAMA 316(1) : 79~90

[journal] Angus DC / 2004 / Use of intensive care at the end of life in the United States : an epidemiologic study / Crit Care Med 32(3) : 638~643

[journal] Pochard F / 2005 / Symptoms of anxiety and depression in family members of intensive care unit patients before discharge or death. A prospective multicenter study / J Crit Care 20(1) : 90~96

[web] / Wikipedia / https://enwikipediaorg/wiki/Legality_of_euthanasia

[journal] Bartsch C / 2019 / Assisted Suicide in Switzerland : An Analysis of Death Records From Swiss Institutes of Forensic Medicine / Dtsch Arztebl Int 116(33-34) : 545~552

[other] / 2022 / Twelve members, including Rep. Ahn GB. Amendent bill on ‘Act On Hospice And Palliative Care And Decisions On Life-sustaining Treatment For Patients At The End Of Life’ (proposed by bill No. 2115986, 2022.6.15.)

[journal] 고윤석 / 2011 / Charactersitics and issues of guideline to withdrawal of a life-sustaining therapy / 대한의사협회지 / 대한의사협회 54(7) : 747~757

[other] / 2014 / Supreme Court precedent. A case of Jehovah’s Witnessed Death during bloodless surgery. Sentenced on July 26, 2014

[journal] Wendler D / 2022 / Promoting the Values for Surrogate Decision-making / JAMA 328(3) : 243~244

[journal] Emanuel EJ / 2000 / Attitudes and desires related to euthanasia and physician-assisted suicide among terminally ill patients and their caregivers / JAMA 284(19) : 2460~2468

[journal] Steinhauser KE / 2000 / Factors considered important at the end of life by patients, family, physicians, and other care providers / JAMA 284(19) : 2476~2482

[journal] Braswell H / 2019 / US Hospice Structure and its Implications for the “Right to Die” Debate : An Interdisciplinary Study of the “Feeling of Being a Burden to Others.” / J Bioeth Inq 16(4) : 525~534

[journal] Stirrat GM / 2005 / Autonomy in medical ethics after O’Neill / J Med Ethics 31(3) : 127~130

[journal] Savulescu J / 2006 / Conscientious objection in medicine / BMJ 332(7536) : 294~297

[journal] Callahan D / 1992 / When self-determination runs amok / Hastings Cent Rep 22(2) : 52~55

[journal] Snyder Sulmasy L / 2017 / Ethics and the Legalization of Physician-Assisted Suicide : An American College of Physicians Position Paper / Ann Intern Med 167(8) : 576~578

[journal] Yun YH / 2022 / Attitudes toward the Legalization of Euthanasia or Physician-Assisted Suicide in South Korea : A Cross-Sectional Survey / Int J Environ Res Public Health 19(9)

[journal] Yun YH / 2018 / Comparison of attitudes towards five end-of-life care interventions(active pain control, withdrawal of futile life-sustaining treatment, passive euthanasia, active euthanasia and physician-assisted suicide) : a multicentred cross-sectional survey of Korean patients with cancer, their family caregivers, physicians and the general Korean population / BMJ Open 8(9) : e020519~

[journal] Hudson P / 2015 / Physician-assisted suicide and/or euthanasia : Pragmatic implications for palliative care [corrected] / Palliat Support Care 13(5) : 1399~1409

[journal] Krawczyk M / 2021 / Organizing end of life in hospital palliative care : A Canadian example / Soc Sci Med 291 : 112493~

[web] / Oregon’s Death with Dignity Act / https:/www.oregon.gov/oha/ph/providerpartnerresources/evaluationresearch/deathwithdignityact/pages/index.aspx

[web] / Canada’s Medical Assistance in Dying Law / https://wwwcanadaca/en/health-canada/services/medical-assistance-dyinghtml

[web] General Medical Council / 2019 / Good medical practice / wwwgmc-ukorg/guidance

[book] Korean Medical Association / 2017 / The ethical codes and guidelines of the Korean Medical Association / Korean Medical Association

[journal] Suraj Pai / 2021 / Factors that Influence End-Of-Life Decision Making Amongst Attending Physicians / American Journal of Hospice and Palliative Medicine® / SAGE Publications 39(10) : 1174~1181

[journal] Snyder L / 2012 / American College of Physicians Ethics Manual : sixth edition / Ann Intern Med 156(1 Pt 2) : 73~104

[journal] Barutta J / 2015 / Physician-assisted death with limited access to palliative care / J Med Ethics 41(8) : 652~654

[journal] De Lima L / 2017 / International Association for Hospice and Palliative Care Position Statement : Euthanasia and Physician-Assisted Suicide / J Palliat Med 20(1) : 8~14

[journal] Barsness JG / 2020 / Euthanasia : a review / BMC Med Ethics 21(1) : 111~

[web] / National Hospice Center / https://hospice.go.kr:8444/?menuno=1

[journal] Phua J / 2016 / Withholding and withdrawal of life-sustaining treatments in low-middle-income versus high-income Asian countries and regions / Intensive Care Med 42(7) : 1118~1127

[journal] 김연주 / 2020 / The Influence of New Legislation on the Withdrawal of Life-Sustaining Treatment on the Perceptions and Experiences of Residents in a Tertiary Hospital in Korea / 한국의료윤리학회지 / 한국의료윤리학회 23(4) : 279~299

[web] / Korea National Institute for Bioethics Policy / http://www.nibp.kr/xe/lifesaving

[journal] Marina S / 2022 / Trends in hastened death decision criteria : A review of official reports / Health Policy 126(7) : 643~651

[journal] Phua J / 2015 / Withholding and withdrawal of life-sustaining treatments in intensive care units in Asia / JAMA internal medicine 175(3) : 363~371

[journal] Dierickx S / 2016 / Euthanasia in Belgium : trends in reported cases between 2003 and 2013 / CMAJ 188(16) : E407~E414

[journal] Glare P / 2008 / Predicting survival in patients with advanced disease / Eur J Cancer 44(8) : 1146~1156

[journal] Lautrette A / 2008 / Surrogate decision makers for incompetent ICU patients : a European perspective / Curr Opin Crit Care 14(6) : 714~719

[journal] Kwon I / 2012 / A survey of the perspectives of patients who are seriously ill regarding end-of-life decisions in some medical institutions of Korea, China and Japan / J Med Ethics 38(5) : 310~316

[journal] Kite S / 2020 / Findings from the first round of the National Audit of Care at the End of Life(NACEL) / Future Healthc J 7(Suppl 1) : s36~

[other] Koh JM / 2022 / National Bioethics Deliberation Committee Abolished at Presidential Order to save 1.3 Billion Korean Won / The Korea Doctors’Weakly. August 30, 2022

[journal] 이승훈 / 2022 / Palliative Sedation in End-of-Life Patients in Eastern Asia: A Narrative Review / Cancer Research and Treatment / 대한암학회 54(3) : 644~650

[journal] Kim YS / 2019 / Sedation for terminally ill cancer patients: A multicenter retrospective cohort study in South Korea / Medicine(Baltimore) 98(5) : e14278~

[journal] Balboni TA / 2022 / Spirituality in Serious Illness and Health / JAMA 328(2) : 184~197

[journal] Gerson SM / 2021 / Assisted dying and palliative care in three jurisdictions : Flanders, Oregon, and Quebec / Annals of Palliative Medicine 10(3) : 3528~3539

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Korean Journal of Medical Ethics 2023 KCI Impact Factor : 1.21

Legislation concerning Physician-assisted Suicide in Korea

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Citation status

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

Korean Journal of Medical Ethics 2023 KCI Impact Factor : 1.21

Legislation concerning Physician-assisted Suicide in Korea

ABSTRACT

KEYWORDS

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