The Constitutional Court has explained that the ‘principle of self-responsibility,’ as a
constitutional principle, is the limiting logic of the right to self-determination and at the same
time the principle to limit responsibilities.83) In other words, while respecting the decisions
and choices of rational and responsible people regarding their own destiny, it is premised
that they bear the responsibility themselves. On the other hand, ‘guardianship’ refers to the
state intervening as a guardian in the self-determination of an individual’s freedom for the
protection or the benefit of the individual. It contains the idea that the state can identify and
decide on the best interest of each individual, and that it is justifiable for the state to force
such decisions on each individual accordingly.
2022 was a special year for discussions on the right to self-determination. Discussions on
women's right to self-determination regarding pregnancy and childbirth have recently been
relatively easy to access, but the issue of death with dignity, which has not been discussed
much in Korean society, and the issue of vaccination choice in the context of the COVID-19
epidemic were newly highlighted. Of course, ‘initiation of the Assisted Death with Dignity
Act and discussion on the introduction of the physician-assisted suicide system,’ ‘safe
termination of pregnancy and reproductive rights of women,’ and ‘implementation and
abolition of the quarantine pass policy related to COVID-19’ are not the topics that deal only
with the individual's right to self-determination. It is necessary to look at the culture of
respect for life, the right to life of the fetus or the right to health of women, and the need for
quarantine measures to prevent the spread of infectious diseases from the perspective of
public interests or other individuals fundamental rights. However, the specific discussions
on the above three topics seem to have been specially discussed in terms of the right to
self-determination on important matters for an individual.
There may be other topics, such as the issue of vegetarianism in meal services at schools
or correctional facilities and the basis for enabling elderly people with dementia to make
decisions about their own situation, etc., but in the following, we will look at the above three
topics that were specifically discussed in 2022.
83) Constitutional Court, Decided on Jun. 24, 2004, 2002HunGa27.
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