무의미한 치료에 대한 형법적 판단

Abstract

Medical Practice can be justified when there are medical indication and the consent of patient. According to the Medical Act Article16 the doctor can't reject the practice when patient requests, if there is no justifiable reason. Most scholars agree that some types of euthanasia can be justifiable. Some argue that the patient voluntarily request euthanasia, there is no treatment method, and the pain is unbearable, the nearess of death, etc. Others argue that the consent to euthanasia is the major requirement. The concept of medical futility is similar to euthanasia, but it is different notion. When the medical treatment is futile is decided based on the medical indication. So the range of medical futility is broader than euthanasia. While doctors have an ethical and legal responsibility to respect an autonomous patient's wish for life-prolonging treatment there is a consensus among the professionals that this imperative should be bounded by the medical indication. The concept of medical futility is premised on an idea that if there is no medical indication, the doctor has no duty to treatment. In other words, when further intervention to prolong the life of a patient becomes futile, physicians have an obligation to shift the intent of care toward comfort and closure. In that case, the doctor is not punished because of the non-treatment or stopping the life-prolonging treatment Even though we can agree the concept of the medical futility, it is necessary to consider the wish of the patient. So the doctor can stop the treatment when there is no medical indication medically futile) and the consent of the patient to stop the life-prolonging treatment. If we agree the two element of medical futility, which is not punished, this concept of medical futility can satisfy the principle of respect to autonomy and principle of justice.