B. Main Topics
1) Proposal for the Assisted Death with Dignity Act and Discussion on the
Physician-Assisted Suicide System
A) First Proposal for the Assisted Death with Dignity Act
In June 2022, the ‘Act on Hospice and Palliative Care and Decisions on Life-Sustaining
Treatment for Patients at the End of Life’ (Decision on Life-Sustaining Treatment Act)
amendment was proposed in the National Assembly.84) The current Decision on
Life-Sustaining Treatment Act was enacted in 2016 following the Supreme Court ruling in
relation to the so-called “Grandma Kim case”85) in which an application for the removal of
meaningless life-sustaining treatment devices was filed in 2009 and the recommendation of
the National Bioethics Review Committee to enact a death-with-dignity bill. The law
stipulates the procedures and provisions that allow a patient in the process of dying86) to
suspend (termination of life-sustaining treatment or cessation of life-sustaining treatment)
treatment, such as CPR, hemodialysis, or wearing a ventilator, which only prolongs the
duration of the end-of-life process without any therapeutic effect, at the patient's own will.
The main substance of the proposed amendment in 2022 is to establish procedures and
provisions so that even terminally ill patients who are not in the end-of-life process87) can
end their lives on their own through the assistance of the doctor in charge, if they wish.
Newly established the target of the assisted death with dignity and the definition of the
assisted death with dignity88) (newly established draft Article 2(10), (11)). The persons
84) Co-sponsored by Representative An, Gyu-baek and 12 members, Bill No. 2115986, Jun. 15, 2022. The revised bill
was submitted to the Health and Welfare Committee of the National Assembly and is pending as of the end of 2022.
85) Supreme Court, Decided on May 21, 2009, 2009Da17417
86) Under Article 2(1) of the Decision on Life-Sustaining Treatment Act, the term “end-of-life process” means a state
of imminent death, in which there is no possibility of revitalization or recovery despite treatment, and symptoms
worsen rapidly.
87) According to Article 2(3) of the Decision on Life-Sustaining Treatment Act, the term “terminal patient” means a
patient who has been diagnosed as expected to die within a few months from the doctor in charge and one medical
specialist in the relevant field in accordance with the procedures and guidelines prescribed by Ordinance of the
Ministry of Health and Welfare, because there is no possibility of a fundamental recovery, and the symptoms
gradually worsen despite proactive treatment.
88) “Persons subjected to assisted death with dignity” are those who are “terminal patients” under the same Act and
whose application has been recognized by the Assisted Death with Dignity Review Committee, and “assisted death
with dignity” means that a person subjected to assisted death with dignity ends his or her own life with the help of
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