• 의료법학
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• 제10권1호
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• pp.263-305
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• 2009

Is it lawful to withhold or withdraw life-sustaining treatment applied to a patient in a terminal condition or permanent unconscious condition? In Korea, there are no such laws or regulations which control affairs related to the withholding or withdrawal life-support treatment and active euthanasia as the Natural Death Act or the Death with Dignity Act in the U. S. A. And in addition there has had no precedent of Supreme Court. Recently Supreme Court has pronounced a historical judgment on a terminal care case. The court allowed the withdrawal of life-sustaining treatment from a patient in a permanent unconscious state. Fundamentally the court judged that the continuation of that medical treatment would infringe dignity and value of a patient as a human being. And the court required some legal grounds to consider such withdrawal or withholding of medical care lawful. The legal grounds are as follow. First, the patient is in a incurable and irreversible condition and already entered a stage of death. Second, the patient executed a directive, in advance, directing the withholding or withdrawal of life-support treatment in a incurable and irreversible condition or in a terminal condition. Otherwise, at least, the patient's will would be presumed through his/her character, view of value, philosophy, religious faith and career etc. I regard if a patient is in a incurable and irreversible condition or in a terminal condition, the medical contract between a patient and a doctor would be terminated because of the actual impossibility of achievement of it's purpose. So I think the discontinuation of life-sustaining care would be legally allowed without depending on the patient's own will.

• Journal of Hospice and Palliative Care
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• 제4권1호
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• pp.1-3
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• 2001

• 한국컴퓨터정보학회논문지
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• 제23권12호
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• pp.171-177
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• 2018

Purpose : This study is conducted to research the attitude of social workers toward withdrawing life sustaining treatment and compare and analyze the different types of their attitudes. Methods : Research design of this study is Q methodology approach. The study population is 23 social workers. Q sample to investigate the attitude of social workers toward withdrawing life sustaining treatment included 30 statements. After listening to the purpose and method of the study, the 23 social workers agreed to fill out a survey asking sociodemographic information and have been forced to be distributed in 9 scale Q-sample. Results : The collected data was processed through QUANL PC program, sorted into 3 types as followings. The first type was 'the pursuit of quality of life' that the quality of life is more important than the length of life, the second 'choosing to withdraw life sustaining treatment' that they want to write or encourage family to write advanced directive, the third 'withholding life sustaining treatment' regardless of the cost. Conclusion : In conclusion, the social workers attitudes toward withdrawing life sustaining treatment were grouped as three different types, the first type was 'the pursuit of quality of life', the second 'choosing to withdraw life sustaining treatment', the third 'withholding life sustaining treatment'.

• Journal of Hospice and Palliative Care
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• 제13권2호
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• pp.81-88
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• 2010

목적: 본 연구는 연명치료중단에 대한 한국변호사들의 태도유형을 구분하고, 각 유형별 특성과 유형별 차이점을 파악하는 주관성 연구를 위해 실시되었다. 방법: 본 연구 설계는 Q 방법론을 이용하였다. 본 연구의 대상자는 32~69세의 변호사 24명을 대상으로 하였다. 연명치료중단에 대한 태도 유형을 확인하기 위한 Q 표본은 이들 중 5인을 대상으로 한 심층면담, 문헌고찰, TV토론을 통해 확보하여 34문항의 진술문을 구성하였다. 대상자에게 연구의 목적과 방법을 설명하여 동의를 구한 후 인구사회학적 특성을 파악하기 위한 질문지를 작성하였고, 9점 Q 표본 분포도상에 강제 분포하도록 하였다. 결과: 수집된 자료는 QUANL PC 프로그램으로 처리하여 최종적으로 유형을 구분하였다. 그 결과 5가지 유형이 구분되었으며, 제1유형은 연명치료중단에 대한 확고한 신념이 있는 '연명치료중단 선택형', 제2유형은 비용이 얼마나 소요되든지 생명연장술을 시행하여야 한다는 '생명연장술 추구형', 제3유형은 연명치료중단이나 생명연장술이나 모두 인간의 권리에 해당하며, 이런 권리를 충분히 행사하기 위해 제도적 장치를 요구하는 '제도요구형', 제4유형은 연명치료중단에 동의를 하지만, 본인은 연명치료중단을 선택하지 않을 것이라는 모순된 태도를 보이는 '자기모순형', 제5유형은 생명은 하나님만이 판단할 수 있다고 하고, 인간에게는 죽음을 선택할 권리가 없다는 '인명재천형'으로 분석되었다. 결론: 연명치료중단에 대한 한국 변호사들의 태도는, 제1유형 '연명치료중단 선택형', 제2유형 '생명연장술 추구형', 제3유형 '제도요구형', 제4유형 '자기모순형', 제5유형 '인명재천형'으로 나타났다.

• Tuberculosis and Respiratory Diseases
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• 제58권3호
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• pp.213-229
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• 2005

The first and the longest criminal indictment case of Korean medico-legal battle, so called BORAMAE Hospital Incident, was finally on its end by Korean Supreme Court's decision on June 24, 2004, after 7 years long legal dispute via Seoul District Court and Seoul Superior Appeal Court's decision. Boramae Hospital case was the first Korean legal case of Withdrawing Life-sustaining treatment of mechanical respirator on 58 years old Extradural Hematoma victim who was on Respirator under Coma after multi-organ failure postoperatively(APACHE II score: 34-39). Two physicians who have involved patient's care and had helped to make discharge the Near-death patient to home after repeated demand of patient's wife, due to economic reason, were sentenced as homicidal crime. This review article will discuss the following items with the review of US cases, Quinlan(1976), Nancy Cruzan(1990), Barber (1983), Helen Wanglie(1990), Baby K (1994) and Baby L cases, along with Official Statement of ATS and other Academic dignitaries of US and World.: [1] Details of Boramae Hospital incident, medical facts description and legal language of homicidal crime sentence. [2] The medical dispute about the legal misinterpretation of patient's clinical status, regarding the severity of the victim with multi-organs failure on Respirator under coma with least chance of recovery, less than 10% probability. [3] Case study of US, of similar situation. [4] Introduction of ATS official Statement on Withdrawing/ Withholding Life sustaining treatment. [5] Patient Autonomy as basic principle. [6] The procedural formality in Medical practise for keeping the legitimacy. [7] The definition of Medical Futility and its dispute. [8] Dying in Dignity and PAS(Physician Assisted Suicide)/and/or Euthanasia [9] The Korean version of "Dying in Dignity", based on the Supreme Court's decision of Boramae Hospital incident (2004.6.24.) [10] Summary and Author's Note for future prospects.

• 한국보건간호학회지
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• 제32권2호
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• pp.167-180
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• 2018

Purpose: The aim of this study was to identify the life-sustaining treatment choices and related factors among general hospital nurses. Data were collected from June 16 to June 29, 2015. The participants were 244 nurses from five general hospitals in D city. Methods: The data were analyzed using the SPSS 18.0 program, descriptive statistics, paired t-test and one-way ANOVA. Results: Significant differences were observed in the level of life-sustaining treatment choices for nurses to themselves and to their families except for pain control. More nurses declined life-sustaining treatment choices, but suggested their families receive it. The related factors of special life-sustaining treatment choices for nurses themselves and their families according to their general characteristics were age, marital status, education and religion. Conclusion: This study suggests that the related factors need to be considered in the education of nurses' or public health providers' Life-sustaining treatment choices.

• 의료법학
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• 제10권2호
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• pp.203-249
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• 2009

It is the so-called Shinchon Severance Hospital Case brought to an end by the decision of the Supreme Court that opened the real discourse of withholding or withdrawing of LST (Life-Sustaining Treatment) in the legal profession as well as medical profession in Korea. Everyone has sympathy with the validity and necessity of legal regulation on withdrawing-including withholding-of LST save the requirements & procedure of withdrawing of LST. In this situation, the legislative bill of amendment to the Korean Civil Law introducing of adult guardianship was pre-announced by the Ministry of Justice on September 18th 2009. The adult guardianship is a guardianship system that supports an mentally handicapped adult to deal with his affairs by support of a guardian. The object of adult guardianship includes affairs of body or well-being as well as property of adult wards. In particular, affairs of medical matters are of importance in the duty and authority of adult guardians. So, the introduction of adult guardianship is of much importance de lege lata as well as de lege ferena in the discussion of withdrawing of LST as a medical treatment. Since the legislation on withdrawing of LST intents to protect the right of death with dignity on the basis of patients' autonomy, the ratio legis of withdrawing of LST is variant from that of adult guardianship. In this context, it seems reasonable to legislate the withdrawing of LST separately from the adultguardianship. In the meantime, the adult guardianship of the legislative bill of amendment to the Korean Civil Law is related to the withdrawing of LST, since the main purpose of adult guardianship is to protect patients' quality of lives and to regulate guardianship contracts based on patients' autonomy. In that context, it seems reasonable to incorporate the legislation of withdrawing of LST into the adult guardianship system. In the latter case, it is not easy to adopt the withdrawing of LST into the legislative bill of the Korean Civil Law for the bill is pre-announced already as previously stated. However, the legislation of withdrawing of LST is not inferior to the legislation of adult guardianship as a matter of urgency. Moreover, it is likely that the legislative bill of Amendment to the Korean Civil Law generates discrepancies in interpretation of the requirements & procedure of withdrawing of LST as the amended German Civil Law did. In short, it is desirable for the legislator to revise the legislative bill despite delay.

• 대한수의학회지
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• 제39권6호
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• pp.1180-1186
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• 1999

The 102 farms received a positive result of the bulk milk drug residue test were selected to investigate the reasons of drug residues in bulls milk. The most frequent causes of drug residues were milker or producer mistakes (28.4%), failure to observe withdrawal time (21.5%), and withholding milk from treated quarters only (19.6%). Milker or producer mistakes occurred high at the farms having a parlor system (4 cases out of 11 farms), and related to the inadequate records and marking of treated cows. The lack of knowledge on the absorption of antibiotic from treated quarters and its excretion from untreated quarters caused mainly withholding milk from treated quarters only. Among the 91 farms identified the cause of drug residues, most of the route of drug administration was intramammary infusion (81.3%), and mostly drug used for the treatment of cows was ${\beta}$-lactam antibiotic (57.1%)

• Journal of Korean Neurosurgical Society
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• 제42권2호
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• pp.135-140
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• 2007

It is not the best way to treat a hopeless patient with life-sustaining medical devices until the heart beats stop. Advanced medical technology may prolong the life for a significant period without recovery from the disease. However, it would give an unbearable economic burden to the family and the society. In 2006, we decided not to operate 9 patients with traumatic intracranial hematomas. We examined those patients with special references to possible legal and ethical problems. It is reasonable to withhold a treatment after documentation that the family never wants any life sustaining treatment when the treatment does not guarantee the meaningful life.

• 성인간호학회지
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• 제27권2호
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• pp.156-169
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• 2015

Purpose: This study identified the reasons why tuberculosis (TB) patients withhold treatment in a bid to develop a assessment scale to select patients who needs nursing intervention in the early stage and decrease the risk of discontinuation of treatment. Sample: There were two samples. A sample of 191 patients with TB and having primary treatment and a second sample of N who were under re-treatment Methods: The study design included qualitative and quantitative methods. Qualitative data were collected from in-depth interviews of TB patients under re-treatment. The quantitative data were collected from 191 patients with TB under primary treatment. Results: Exploratory factor analysis revealed 11 factors explaining 69.6% of total variance. These factors were categorized into four subgroups. A depression scale was used to establish concurrent validity. The depression scale had a positive relationship (r=54) with the discontinuing of primary treatment. The internal consistency reliability for the four subgroups was over .84. The confidence coefficient was Cronbach's ${\alpha}$ .95. The final scale was a self-reported four Likert scale including 50 items. Conclusion: Reliability and validity was established for the scale and the scale can be used to examine the risk of treatment discontinuation for TB. The scale is an important resource for nursing interventions in identifying and treating high risk clients.