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A Study on the Precedent and Legislation of the Suspension of Life-Sustaining Treatment of Germany under the Viewpoint of Comparative Law

  • Public Land Law Review
  • Abbr : KPLLR
  • 2014, 64(), pp.423-444
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Lee Hie Houn 1

1선문대학교

Accredited

ABSTRACT

The Korea's Supreme Court gave judgment to accept a suspension of life sustaining for a patient under a strict condition like the Germany's Federal Supreme Court. However, in Korea, there is not yet a law to recognize a suspension of life sustaining for a patient like a Germany's civil law rule definitely. When try to do reference of such a Germany's precedent and civil law rule of a suspension of life sustaining for a patient, in future Korea, what it prescribes to recognize a suspension of life sustaining for a patient when a patient of an adult entered a stage of the death that recovery is impossible in principle is desirable. And, in future Korea, what it prescribes to recognize that wrote patient directive accepting a suspension of life sustaining for a patient by a thought of patient oneself beforehand is desirable. But what it prescribes reference does everyday words and an action and view of a life and faith of religion and degree of pain of a patient if there is not such a patient directive, and there is testimony of neighborhood people of a patient and receives permission of a court, and to recognize a presumptive consent of an estimate for a suspension of life sustaining for a patient is desirable. And, it is desirable to prescribe to put judgment of a kind of committee and a fixed consultation procedure when a patient decides a suspension of life sustaining for a patient. Besides, it is desirable to prescribe to give the period that tries to think deeply fixed at a patient when a patient decides a suspension of life sustaining for a patient. Moreover, it is desirable to prescribe that anyone lets a patient make a document recognizing a suspension of life sustaining for a patient to conclude any kind of condition and a contract and forces a signature to prohibit it.

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