and the right to pursue happiness.
The ‘right to die’ has been a subject of debate for a long time in terms of bioethics and
religion, and at the same time, it is a current issue. With the development of medical
technology, humans are facing a life that has not been expected, and Korea has social
characteristics, including a longer life expectancy as compared to the average OECD
member states, a higher proportion of the elderly, a poverty rate among the elderly, and a
suicide rate.
The subject of assisted death with dignity proposed in this proposed amendment is
terminally ill patients who have a desire to end their lives on their own, but having difficulty
finding a way to do so. Introducing the assisted death with dignity or physician-assisted
suicide as a way for them to choose a dignified death based on their right to self-determination,
so-called well-dying, will require in-depth discussions. This proposed amendment is
significant in that it has led social discussion on the topic of death, which has been taboo in
Korean society.
However, we need to think about how we can reach a ‘social consensus’ on whether to
allow assisted death with dignity or physician-assisted suicide.99) Moreover, if assisted death
with dignity or physician-assisted suicide is to be introduced, we must first consider whether
it is necessary to review the age standard, the need to prepare clear requirements in making
determinations, and whether it is necessary to prepare provisions for withdrawal of the
expression of intent to assisted dying with dignity, etc. by looking at foreign legislative
precedents.
99) Health and Welfare Committee of the National Assembly, Specialist Review Report (Nov. 2022) discussed the
process of discussion at social consultative body composed of legal, medical, religious, related public officials and
civil groups, and the recommendation to enact small law by the National Bioethics Review Committee Special
Commission (Jul. 2013), etc. until the enactment of the Decision on Life-Sustaining Treatment Act.
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