길릭(Gillick) 판결과 아동의 동의능력

Gillick Case and Child’s Ability to Consent

The English House of Lords decision in Gillick has been a standard of the minor’s ability. The Gillick Case has dominated the issue of minor capacity to consent or to refuse for decades, and influenced all over the world. Furthermore, the Gillick decision has brought more questions and ambiguities than it hoped to solve. The speeches of Lords in Gillick Case were made in the context of contraception advice and treatment. Though it would be difficult to set up a criterion to give a capacity to the minor, however the criterion is essential to respect minors right to self-determination and protect the integrity of the body and the mind. What is more, that could be extended a broad spectrum of interests. In Korea, there is no legislation or case law determining if and when minors can obtain medical treatments(eg., contraception advice and treatment) without parental consent or knowledge. This raises concerns for health professionals practice and minors’ status as patients. Therefore the legislators have to try widely to recognize minors’ autonomy. This article discusses whether the rulings in Gillick are applicable or even should be applicable to Korea with regards to medical treatment. The article suggests a legislation for giving medical advice and treatment to minors through a embracement of Lord Fraser’s guidelines(Gillick Competence). The author want that these guidelines would be incorporated into a suggested legislative framework and professional guidelines.