and that the assisted death with dignity is necessary to protect the dignity of severely ill
patients who are suffering.97)
The debate on euthanasia has been discussed for a long time internationally. As related to
the physician-assisted suicide, in particular, euthanasia is legally prohibited in most
countries abroad, with the exception of Oregon, Switzerland, Belgium, and the Netherlands.
However, in February 2022, the German Federal Constitutional Court determined that
Article 216 of the German Criminal Code (Geschäftsmäßige Föderung der Selbsttötung),
which was used in penalizing individuals or civic groups that helped a German for
physician-assisted suicide in Switzerland, was unconstitutional by emphasizing the right to
self-determination over death.
Regarding self-determination regarding the shortening of life, the Constitutional Court of
Korea has held that ‘life-sustaining treatment for a patient nearing death can be said to be a
continuous act of bodily harm that has lost the purpose of treatment in a medical sense.’
Specifically, because it can be seen as artificially prolonging death that has already begun
naturally, rather than preventing the process of death from starting, the decision to
discontinue life-sustaining treatment and its execution shortens the patient's life cannot be
evaluated as suicide, and rather, it is guaranteed as the right to self-determination under the
Constitution, if it conforms to human dignity and value.98)
C) Efforts to Protect Human Dignity and Value
Article 10 of the Constitution stipulates that “all citizens shall be assured of human worth
and dignity and have the right to pursuit of happiness.” Human worth, dignity and the right
to pursuit of happiness are the highest value pursued by the Constitution, and are the
ideological premise of all fundamental rights and the purpose of guaranteeing the
fundamental rights. The right to life, which is the right to human life, and the right to
self-determination, which is the right for individuals to make their own decisions regarding
important private matters, are both constitutional rights derived from human worth, dignity,
97) National Assembly Legislative Research Service, Issues and Discussions (No. 1973), Issues and Tasks with the
Discussion on ‘Death with Dignity,’ Jul. 21, 2022.
98) Constitutional Court, Nov. 26, 2009, 2008HunBa385.
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