Euthanasia Legal Precedents: The Right to Die and Constitutional Issues
“If there is a right to life, shouldn’t there also be a right to die?” A legal question raised by Korean society between life and self-determination.
Hello. Today, I want to discuss a somewhat heavy yet unavoidable topic, 'Euthanasia.' I remember deeply questioning whether there should be 'the right to choose the end of life' when I watched a family member suffering from terminal cancer. As legal cases involving 'dignified death' and 'passive euthanasia' begin to emerge in Korea, the discussion is opening up in society. Today, I will review the key precedents related to euthanasia, focusing on the legal basis, social reactions, and the issues we need to consider together.
Table of Contents
Definition and Classification of Euthanasia
Euthanasia generally refers to the act of medically assisting a patient who is suffering from an incurable disease or injury to end their life. Legally and ethically, it is mainly classified into 'passive euthanasia (discontinuing life-sustaining treatment)' and 'active euthanasia (intentionally inducing death),' with only passive euthanasia being legally allowed in Korea. The term 'dignified death' is often used, highlighting the patient's right to choose whether to continue life-sustaining treatment, which is closely linked to the concept of 'self-determination.'
Major Euthanasia Precedents in Korea
The most well-known euthanasia case in Korea is the 2009 'Severance Hospital Dignified Death Case.' In this case, the Supreme Court acknowledged the right to discontinue life-sustaining treatment, ruling that when a patient is unconscious and has no chance of recovery, discontinuation of treatment may be permitted. This decision, balancing the patient's right to self-determination and the right to life, laid the groundwork for the later enactment of the 'Hospice and Palliative Care and End-of-Life Decisions Act.'
| Case Name | Key Judicial Findings |
|---|---|
| Severance Hospital Dignified Death Case (2009) | Discontinuing futile life-sustaining treatment is permissible in respect of the patient's self-determination |
| Seoul High Court, Brain Death Patient Treatment Discontinuation (2013) | Treatment discontinuation is justified if family consent and irreversibility are clear |
Conflict between Self-Determination and the Right to Life in the Constitution
The core of the euthanasia debate lies in balancing the ‘guarantee of the right to life’ and the ‘respect for self-determination.’ Article 10 of the Constitution explicitly states human dignity and the pursuit of happiness, which is the basis for self-determination. On the other hand, the right to life, under Article 37(2) of the Constitution, can be restricted for public welfare, and the interpretation of whether this right can be limited remains contentious. Here are some of the key issues in the conflict.
- Is death included within the scope of human self-determination?
- Should the state prioritize the freedom of choice over the duty to protect life?
- Can passive euthanasia and active euthanasia be considered legally equivalent?
Judicial Criteria and Interpretation
The South Korean judiciary considers 'medical futility' and the 'explicit wish of the patient' as the key criteria when ruling on euthanasia cases. Particularly, the 2009 Supreme Court ruling is viewed as a groundbreaking case where individual decision-making was prioritized over the public interest in life, influencing the future direction of precedents. However, there is still a legal gap regarding 'active euthanasia,' and acts by physicians or guardians could be interpreted under criminal law as 'murder' or 'patricide.' For this reason, the medical and legal communities continue to adopt a cautious approach.
International Precedents and Legislative Comparison
Globally, countries like the Netherlands, Belgium, and Canada have legalized euthanasia, with strict requirements and procedures for consent. In the U.S., Oregon and a few other states have legalized physician-assisted suicide, and in 2020, the German Federal Constitutional Court recognized the right to die. These international precedents provide important references for legislative discussions in Korea.
| Country | Legalization Form | Key Features |
|---|---|---|
| Netherlands | Active euthanasia legalized | Requires continuous suffering and voluntary consent from the patient |
| Oregon, USA | Physician-assisted suicide allowed | Available for terminal patients, requires written request and in-person confirmation |
| Germany | Recognition of right to die in the Constitution | Choice to end life without state interference |
Future Legislative and Institutional Challenges
Currently, the Life-Sustaining Treatment Decisions Act is in effect in Korea, but it only applies to 'passive euthanasia.' Legal standards for more active forms of euthanasia remain insufficient. Given that the discussion intersects with bioethics, religion, and family law, a more refined societal debate and legislative mechanism are needed. The following are key issues that must be addressed in the future.
- Establishing legal definitions for physician-assisted suicide and active euthanasia
- Expanding and improving access to the advance directive system
- Building a counseling system to mediate the interests of patients, medical staff, and families
Frequently Asked Questions (FAQ)
Passive euthanasia (discontinuation of life-sustaining treatment) is conditionally allowed, but active euthanasia is illegal.
It set the judicial standard for discontinuing life-sustaining treatment when the patient's wishes are clear.
Some view it as a violation of the right to life, while others see it as an extension of self-determination.
It allows decisions regarding the discontinuation of life-sustaining treatment for terminal patients, either through advance directives or family consent.
Countries like the Netherlands and Belgium legally allow active euthanasia.
Active euthanasia involves actions that shorten life, while passive euthanasia refers to discontinuing treatment.
In Conclusion: The Decision About Death, A Task for Our Society
Deciding how to face the end of life can be one of the most human decisions an individual can make. I, too, have deeply contemplated euthanasia after witnessing the prolonged suffering of a loved one. Some call it giving up on life, while others call it a dignified choice. What’s important is that this decision must be made under personal will, social consensus, and legal protection. What do you think about euthanasia? Please share your thoughts in the comments. Your voice can play an important role in creating better laws and systems.
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