의료관련법상의 동의대행(보완)자에 관한 몇 가지 문제점

The Problems of Acting Consenters(or Supplementary Consenters) in Medical Laws

The concept of acting consenter has been used diversely as guardians, legally acceptable representatives and obligations to protect in medical services, medical laws and precedents. The development of medical technology has been making various medical practices possible, however strict application for principle of explanation and consent should be judged separately as the type of medical practices. Therefore, I suppose it is reasonable to judge the problems of acting consenters(or complementary consenters) as two categories divided into common medical practices and special medical practices. In common medical practices, the range of acting consenters(or complementary consenter), in principle, would be obligations to support in Civil Law, but it is rational to interpret the range including siblings whether they live together or not. Because they are in the position of realizing their rights of self determination best, and practically it is appropriate to secure medical bills of medical facilities, however, one of legally acceptable representatives would be able to be selected as an acting consenter(or complementary consenter) in case of their nonexistence. In addition, in the part of the death with dignity as a type of special medical practices, such as judged in separate views of judgement from panel of all judges, the Supreme Court 21 May 2009, Sentence No. 2009 Da 17417, the guardian should get permission from the court about whether the decision is the best or not to ask the medical team to stop medical treatments for assuring rights of self determination of the person adjudged incompetent through analogical application of the second Clause of Article 947 in Civil Law.