• Proceedings of the Korean Society of Computer Information Conference
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• 2019.07a
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• pp.195-198
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• 2019

연명의료결정법의 정식 명칭은 '호스피스 완화의료 및 임종 과정에 있는 환자의 연명의료 결정에 관한 법'이다. 이 법은 호스피스 완화의료에 대한 것과 환자의 연명의료 결정에 대한 것을 규정하고 있다. 특히, 후자의 연명의료결정에 관한 부분은 법제정 과정에서 법 종교 의료 윤리 등 다양한 분야에서 논박이 있었지만 2018년 2월 4일부터 시행되고 있다. 법학에서는 이 법이 생명이라는 법익과 관련되어 있어 형사법적, 민사법적으로 중요한 의미를 갖는다. 이 법이 탄생되기 위해 두 번의 변곡점이 있었다. 첫째, 1997년 '보라매병원 사건'에서 의사를 작위에 의한 살인방조죄로 판결한 사건 둘째, 2009년 '김 할머니' 사건에서 회생할 수 없을 경우 가족 등이 진술한 환자 의사에 따라 연명 의료를 중단할 수 있다는 대법원 판결이다. 연명의료결정법은 헌법상 생명권과 자기운명결정권이라는 기본권 충돌이 발생한다. 두 기본권이 서로 상충 할 때에는 어떠한 기본권을 우선해야 하는지가 실질적으로 문제되는데, 이익형량을 통한 규범의 조화로운 해석을 통해 해결해야 한다. 또한 이 법의 흠결과 문제점을 고찰하여 개정작업이 진행되어야 한다.

• The Korean Society of Law and Medicine
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• v.18 no.2
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• pp.139-161
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• 2017

In this paper, The Supreme Court of Korea 2016. 1. 28. 2015Da9769 was reviewed. In the previous case, Korean Supreme Court 2009Da17417 for the element to requirement for permission of the withdrawal of life-sustaining treatments, the patient's consent for withdrawal of life-sustaining treatments was assumed a declaration of intention to terminate the contract. But the consent for withdrawal of life-sustaining treatments corresponds not to those. The consent for medical treatments is not the juristic acts but the real acts. If the presumptive intention about these withdrawal regards as the termination of medical contract, the contract must be up to the starting the civil proceedings. According to this case, although the partial cancellation of medical contract is admitted, on the other hand medical expenses obligation ist exempted only after the final decision. At the withdrawal of life-sustaining treatments the medical obligation ist exempted because of the inability to providing the medical payment, which confirmed by the final decision about the withdrawal of life-sustaining treatments. Therefore the judgement of this case ist appropriate in that sense, the medical obligation ist waived only after the final decision. However that legal basis lies not at the partial cancel but at the partial inability.

• The Korean Society of Law and Medicine
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• v.24 no.4
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• pp.103-128
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• 2023

According to the current act of Decision-Marking in Life-Sustaining Medicine, the decision to withhold or discontinue life-sustaining treatment is primarily based on the wishes of a patient in the dying process. Decision-making regarding life-sustaining treatment for these patients is made by the patient, if he or she is conscious, directly expressing his/her intention for life-sustaining treatment in writing or verbally or by writing an advance medical directive and physician orders for life-sustaining treatment. It can be exercised. On the other hand, if the patient has not written an advance medical directive or physician orders for life-sustaining treatment, the patient's intention can be confirmed with a statement from the patient's family, or a decision to discontinue life-sustaining treatment can be made with the consent of all members of the patient's family. However, in the case of an unrelated patient who has no family or whose family is unknown, if an advance medical directive or physician orders for life-sustaining treatment are not written before hospitalization and a medical condition prevents the patient from expressing his or her opinion, the patient's will cannot be known and the patient cannot be informed. A situation arises where a decision must be made as to whether to continue or discontinue life-sustaining treatment. This study reviewed discussions and measures for unbefriended patients under the current law in order to suggest policy measures for deciding on life-sustaining treatment in the case of unbefriended patients. First, we looked at the application of the adult guardian system, but although an adult guardian can replace consent for medical treatment that infringes on the body, permission from the family court is required in cases where death may occur as a direct result of medical treatment. It cannot be said to be an appropriate solution for patients in the process of dying. Second, in accordance with Article 14 of the Life-Sustaining Treatment Decision Act, we looked at the deliberation of medical institution ethics committees on decisions to discontinue life-sustaining treatment for patients without family ties.Under the current law, the medical institution ethics committee cannot make decisions on discontinuation of life-sustaining treatment for unbefriended patients, so through revision, matters regarding decisions on discontinuation of life-sustaining treatment for unbefriended patients are reflected in Article 14 of the same Act or separate provisions for unbefriended patients are made. It is necessary to establish and amend new provisions. In addition, the medical institution ethics committee must make a decision on unbefriended patients, but if the medical institution cannot make such a decision, there is a need to revise the law so that the public ethics committee can make decisions, such as discontinuing life-sustaining treatment for unbefriended patients.

• The Journal of the Korea Contents Association
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• v.21 no.4
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• pp.688-698
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• 2021

The purpose of this study was to determine the effects of perception of good death and knowledge toward advance directive on attitude toward withdrawal of life-sustaining treatment among university hospital nurses. The subjects of this study were 207 university hospital nurses. Data were analyzed using the SPSS Statistics 24.0 version. The results showed that factors influencing attitude toward withdrawal of life-sustaining treatment were perception of good death (𝛽=-.32, p<.001), education experience for good death (𝛽=.15, p=.024), and knowledge toward advance directive (𝛽=.14, p=.036). They explained 14.2% of attitude toward withdrawal of life-sustaining treatment. Based on the results of this study, it suggests the development of education programs for good death and life-sustaining treatment to improve the perception of good death, knowledge toward advance directive of university hospital nurses.

• Journal of Hospice and Palliative Care
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• v.20 no.3
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• pp.173-176
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• 2017

On Aug 4, 2017, the new legislation of 'Act on Hospice & Palliative Care and Patient Determination of Life Sustaining Treatments' was enforced. Compared with articles about the hospice & palliative care of 'National Cancer Act', it should be helpful to update the change points.

• Journal of Industrial Convergence
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• v.21 no.3
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• pp.159-169
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• 2023

This study analyzed the factors affecting the opinions of life-sustaining treatment among the elderly in Korea. The study subjects were 10,097 people who responded to the survey on the condition of the elderly (2020), and using the SPSS 25.0 program, first, the demographic characteristics of the research subjects were identified through descriptive statistics and the average and normality of major variables were identified. Second, the chi-square was analyzed by conducting a cross-analysis of opinions on life-sustaining treatment according to the characteristics of the elderly. Third, a correlation analysis was performed to analyze the correlation between major variables. Fourth, the relative influence on the life-sustaining treatment of the elderly was identified through multiple regression analysis. The main research findings are as follows. First, 8,565 (84.8%) of the elderly were opposed to medical treatment (life-sustaining treatment) to save them even if they were unconscious or difficult to live. Second, as a result of cross-analysis on life-sustaining treatment for the elderly, the 𝑥² values of education level, health status, living together with children, and cost of living in old age were found to be significant. Third, the educational level of the elderly, living together with children, and the cost of living in old age were found to have statistically significant negative effects on life-sustaining treatment. Such research results indicate that the elderly with a high level of education oppose life-sustaining treatment compared to those with a low level of education. In addition, in the case of the elderly with traditional values who responded that one of their children should live with the elderly (parents), the ratio of people in favor of life-sustaining treatment was high, and in the case of the elderly with modern values who responded that they did not have to live together, the ratio of opposition to life-sustaining treatment was high. appeared to be high. In addition, in the case of the elderly with traditional values who responded that the burden of living expenses in old age should be shared between the state and society and their children, the proportion in favor of life-sustaining treatment was high. This high figure expressed the desire for well-dying. Based on these research results, the value system was re-examined as a factor influencing the elderly's opinion on life-sustaining treatment, and basic data for welfare policies for the elderly were provided.

• Journal of the Korea Society of Computer and Information
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• v.25 no.5
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• pp.169-178
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• 2020

This study was attempted to know the awareness of Advance Directives of adults in Gandwon-do province. Data was surveyed from 60 adults in Gangwon-do province by 42 item questionnaire for the awareness of Advance Directives. Subcategories of Advanced Directives questionnaire were knowledge, preference, experience for life-sustaining treatment and Advance Directives. The data was analyzed with the frequency and percentage using SPSS 24.0. 45% of Participants replied they knew the 'life-sustaining treatment' exactly. They preferred CPR 78.3%, mechanical ventilation 63.3% and blood transfusion 51.7% for their future special life-sustaining treatments. They did not preferred hemodialysis 8.3%, artificial respiration 6.7%, intensive care unit 6.7%, 8.3 percent of participants said that they well aware of Advance Directives. 86.6% of them hoped to write their Advance Directives. Despite such low awareness of the Advance Directives, the intention to write Advance Directives was high. Based on these results, it was found that the level of awareness of Advance Directives was very important for the intention to prepare Advance Directives. Therefore, regional programs and education on Advance Directives and periodic survey study for awareness of Advance Directives should be continued.

• Journal of Hospice and Palliative Care
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• v.21 no.2
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• pp.51-57
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• 2018

Purpose: End-of-life (EoL) decisions are challenging and multifaceted for patients and physicians. This study was aimed to explore how EoL care is practiced for patients with a do-not-resuscitate (DNR) order. Methods: We retrospectively analyzed medical records of patients who died after agreeing to a DNR order in 2016 at a university hospital. Characteristics including cause of death, intensity of EoL care, and other factors were reviewed and statistically analyzed. Results: Of total 375 patients, 170 patients (45.3%) died with malignancies, and 205 patients (54.6%) with other causes involving the central nervous system (19.2%), pulmonary (14.7%), cardiologic (6.7%) and infectious (6.4%) conditions. Both the cancer and non-cancer patient groups showed a short duration from DNR to death (median 3 days vs 2 days, P=0.629). An intensive care group comprising patients who received one or more intensive treatments such as ventilator (n=205) showed a higher number of non-cancer patients and a shorter duration from DNR to death than a group that withheld treatment before DNR (P<0.05). Conclusion: EoL decisions were made very late by both cancer and non-cancer patients. About half of the patients did not have cancer, and two-thirds of them decided DNR during intensive treatment. To make a good EoL decision, a shared decision making with patients should be done at an earlier stage.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.257-279
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• 2016

Recently, the Well-dying Act was legislated in Korea, and it will come into effect in August 4, 2017. This Act allows to withdraw the life sustaining treatment from impending death patients and also provide the hospice and palliative treatment to terminal patients. In the Supreme Court's case so called "Madam Kim", medical condition of Madam Kim was a persistent vegetative status owing to brain damage and her family members wanted to remove the artificial ventilation. In 2009, the Supreme Court allowed to withdraw the artificial ventilation under the specific conditions. We applied this new Well-dying Act to the Madam Kim's case hypothetically in order to know this Act can reasonably solve the problem of life sustaining treatment for dying or terminal patients. For the impending patients, the Well-dying Act has the problem not to withdraw the futile treatment due to the advance directives of patients. Vice versa, the terminal patients have no chance to withdraw the life sustaining treatment due to the this Act impose the duty to provide the hospice and palliative treatment despite of advance directives. We need to ruke out the persistent vegetative patients from the terminal patients caused by the cancer, acquired immune deficiency syndrome, chronic obstructive lung disease and chronic liver cirrhosis, In addition, we have to discuss the effect of the advance directives of terminal patients in view of self determination right.

• Journal of Korea Entertainment Industry Association
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• v.14 no.6
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• pp.181-190
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• 2020

The study was conducted to examine the correlations between nursing students' knowledge, attitudes to advance medical directives and hospice perception. Data were collected using questionnaires from 181 students who were in 2rd and 4th year of the nursing college in D city, from May to Jun 2019. The collected data was analyzed using descriptive statistics, pearson's corelation coefficient and stepwise multiple regression with IBM SPSS 21.0 program. The study results showed that university students in nursing scored 3.52±.69, points for knowledge of advance directives, 3.10±.36 for attitude of advance directives, 3.14±.27 for hospice perception. The knowledge for advance directives was positively correlated with Attitude (r=.38, p <.001), and toward perception for hospice (r=0.28, p <.001). Based on the results of this study, it is necessary to develop a systematic education program in order to improve the awareness of the Perception of Hospice, Knowledge and Attitude toward Advance Directives.