네덜란드의 안락사 (The Development of Euthanasia in the Netherlands)

서지정보

· 발행기관 : 한국법정책학회
· 수록지 정보 : 법과정책연구 / 10권 / 3호 / 1009 ~ 1040페이지
· 저자명 : 이주희, 조한상

초록

This paper deals with euthanasia in the Netherlands, because it is well-known as the first country that legalized euthanasia in the world. But for decades before euthanasia is legalized, it has been governed via case law. Court ruling had utilized the requirements of Due Care and these requirements became the basis for the law on euthanasia.
Netherlands' Euthanasia Law, “Termination of Life on Request and Assisted Suicide(Review Procedures) Act(WTL)” was passed in 2001 and entered into force in 2002. According to WTL, the physician who terminates another person's life or incites someone to commit suicide carries a prison sentence unless he doesn't fulfill the following requirements of Due Care: the physician must be satisfied that the patient has made a voluntary and carefully considered request; be satisfied that the patient's suffering was unbearable, and that there was no prospect of improvement; have informed the patient about their situation and prospects; have come to the conclusion, together with the patient, that there is no reasonable alternative; have consulted at least one other, independent physician, who must have seen the patient and given a written opinion on these criteria and have terminated the patient's life or provided assistance with suicide with the medical care and attention.
WTL has several distinct features in comparison with other jurisdictions such as Oregon or Belgium. First of all, WTL provides for the possibility of life endings for underaged patients. Furthermore, the review of euthanasia practice depends on the voluntary report of physicians. If a physician reports the case of euthanasia, the regional committee reviews it. If the committee finds the physician to have complied with the rules, no further action is undertaken. If the committee is of another opinion, the case is reported to the prosecution.
But it is inappropriate to suggest that WTL should be made as a model for Euthanasia Law in Korea because of the cultural, social, political and religious differences between both countries. Above all, WTL can be evaluated as very progressive in connection with the wide scope of WTL and the ex post facto review system of euthanasia practice.

영어초록

This paper deals with euthanasia in the Netherlands, because it is well-known as the first country that legalized euthanasia in the world. But for decades before euthanasia is legalized, it has been governed via case law. Court ruling had utilized the requirements of Due Care and these requirements became the basis for the law on euthanasia.
Netherlands' Euthanasia Law, “Termination of Life on Request and Assisted Suicide(Review Procedures) Act(WTL)” was passed in 2001 and entered into force in 2002. According to WTL, the physician who terminates another person's life or incites someone to commit suicide carries a prison sentence unless he doesn't fulfill the following requirements of Due Care: the physician must be satisfied that the patient has made a voluntary and carefully considered request; be satisfied that the patient's suffering was unbearable, and that there was no prospect of improvement; have informed the patient about their situation and prospects; have come to the conclusion, together with the patient, that there is no reasonable alternative; have consulted at least one other, independent physician, who must have seen the patient and given a written opinion on these criteria and have terminated the patient's life or provided assistance with suicide with the medical care and attention.
WTL has several distinct features in comparison with other jurisdictions such as Oregon or Belgium. First of all, WTL provides for the possibility of life endings for underaged patients. Furthermore, the review of euthanasia practice depends on the voluntary report of physicians. If a physician reports the case of euthanasia, the regional committee reviews it. If the committee finds the physician to have complied with the rules, no further action is undertaken. If the committee is of another opinion, the case is reported to the prosecution.
But it is inappropriate to suggest that WTL should be made as a model for Euthanasia Law in Korea because of the cultural, social, political and religious differences between both countries. Above all, WTL can be evaluated as very progressive in connection with the wide scope of WTL and the ex post facto review system of euthanasia practice.

참고자료

· 없음