What Is Needed Prior to Respect for Self-determination: Reflections on Physician-assisted Suicide and the Withholding or Withdrawal of Life-sustaining Treatment (자기결정권 존중을 위해 선행해야 하는 것들: 의사조력자살과 연명의료 유보나 중단과 관련하여)

Kyungsuk Choi (최경석)

doi:10.35301/ksme.2022.25.4.387

What Is Needed Prior to Respect for Self-determination: Reflections on Physician-assisted Suicide and the Withholding or Withdrawal of Life-sustaining Treatment

Korean Journal of Medical Ethics
Abbr : 의료윤리
2022, 25(4), pp.387~403
DOI : 10.35301/ksme.2022.25.4.387
Publisher : The Korean Society For Medical Ethics
Research Area : Medicine and Pharmacy > General Medicine
Received : November 21, 2022
Accepted : January 9, 2023
Published : December 31, 2022

Kyungsuk Choi ¹

¹이화여자대학교

Accredited

ABSTRACT

In this article I review Koh YS’s recent article concerning the legalization of physician-assisted suicide and provide additional support for the arguments he advances. Koh argues against the legalization of physican-assisted suicide and for an extension of the period in which the withhold-ing or withdrawal of life-sustaining treatment is carried out following a patient’s request. I claim that the very arguments Koh presents against the legalization of physician-assisted suicide may be arguments against the extension. In particular, the extension presupposes a new social consensus just as the current performance period for withholding or withdrawing life-sustaining treatment was based on the social consensus that existed at the time that legislation was passed. Additionally, I argue that certain safeguards must be established or implemented to respect the right to self-de-termination in our society. For example, the monitoring and service of end-of-life care must be enhanced in order to prevent any coercion or abuse in individual decisions on life-sustaining treat-ment.

KEYWORDS

physician-assisted suicide, withdrawal or withholding of life-sustaining treatment, respect for self-determination, legalization, coerced decision, service of end-of-life care

Journal Copyright Policy

This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator.

Citation status

* References for papers published after 2025 are currently being built.

[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] Arras JD / 1997 / Physician-Assisted Suicide : A Tragic View / Journal of Contemporary Health Law &Policy 13(2) : 361~389

[journal] 고윤석 / 2022 / Legislation concerning Physician-assisted Suicide in Korea / 한국의료윤리학회지 / 한국의료윤리학회 25(4) : 313~323

[journal] 최경석 / 2012 / Ethical Permissibility in Bioethical Discourse and Legislation / 법철학연구 / 한국법철학회 15(1) : 105~126

[journal] 최경석 / 2009 / Death with Dignity and Voluntary Passive Euthanasia / 한국의료윤리학회지 / 한국의료윤리학회 12(1) : 61~76

[journal] 최경석 / 2014 / Ethical and Legal Issues Concerning Advance Directives and Physician Orders for Life-Sustaining Treatment / 한국의료윤리학회지 / 한국의료윤리학회 17(3) : 272~285

[journal] Kim MH / 2013 / Background and future tasks of ‘recommendations on life-sustaining treatment decisions’: Focusing on the progress of activities of the special committee to prepare for institutionalization of life-sustaining treatment decisions / Health Poilcy Forum 11(3) : 8~19

[other] / 2009 / Supreme Court en banc Decision 2009Da17417Decided May 21, 2009. 【Withdrawal of Futile Life-Sustaining Treatment Device, etc.】

[book] Munson R / 2007 / Intervention and Reflection / Wadsworth : 683~

[book] Dolgin JL / 2009 / Bioethics and the Law / Wolters Kluwer : 741~743

[book] Rachels J / 2007 / Intervention and Reflection / Wadsworth : 725~729

KJCKorea
Journal Central

Korean Journal of Medical Ethics 2025 KCI Impact Factor : 1.67