성년후견인의 의료행위 동의권

Right of Consent on Medical Treatment of Adult Guardian* 32)

It is time to think about the welfare of the aged population in the rapidly aging society, which is rapidly accelerating compared to other developed economies. In this regard, it is believed that adopting a civil service system in the Civil Service has significant implications. The system of civil rights in civil law is designed in the framework of the basic framework of self-determination of ward. However, the initiation of adult guardianship is not a situation that can make a reasonable decision on its own, so it can be said that it is necessary for the adult guardian to help. But the Civil Code is asking those who are in this situation to decide the doctor s decision, and it is not really for the benefit of those who are not physically capable. Especially, medical treatment that accompanies physical invasion is serious. Such medical treatment are available in considerably wide and various forms including regular health examinations, influenza vaccination, cold remedy administration, various operations and evisceration. If a ward cannot give consent to any other medical treatment except all cases of physical violation in the above list of treatment, there is a question about who can exert the right of consent on the medical treatment. Moreover, it is medical contract that is required to be signed by relevant parties before any medical treatment for a ward who lost any capacity to give consent to the treatment. Here, there is also a question about who shall sign on the medical contract. In the case of medical care for the ward, the consent of the ward shall be obtained. This can be said to justify the medical practice of a doctor. Doing so without consent constitutes an infringement of the body of a ward, constitutes an infringement of the body of a guardian year, and a problem of compensation or criminal problems. If you allow medical practice without consent, you may encounter a violation of the basic rights of the ward. Therefore, if the caregiver considers the benefit of the ward to promote the benefit of the ward, the person in question shall be allowed to consent to the consent of the person in question. The guardian system is to acknowledge the property management and personal protection of the ward. Therefore, if there is an adult guardian for a ward who has lost his / her ability to consent, he / she may be entitled to certain authority from the guardian s duty to protect the adult guardian. From this, it can be said that the medical care for the ward is also authorized. Therefore, I think that adult guardians can be granted consent for normal medical treatment.