Home -> Law Blog Directory -> Legal News Blogs -> JURIST - The Paper Chase

Legal News

: JURIST - The Paper Chase

South Korea high court upholds right to die

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The South Korean Supreme Court on Thursday upheld a lower court ruling allowing a brain-damaged patient the right to die. The patient, a 76-year old woman on life-support at a Yonsei University medical center, is brain-dead and unable to survive without the use of a respirator. Chief Justice Lee Yong-hoon reasoned that, since revival of the patient is impossible and death is imminent without a respirator, extending life-support could impose on the dignity of her life. The judge held that, for future cases, doctors should make efforts to confirm patients' wishes to die with dignity and that such determinations can be deduced from an analysis of different factors. Korean Minister of Health Jeon Jae-hee spoke out against the ruling, claiming that legalization of the right to die should be passed as a law complete with public hearings. Medical professionals have supported the ruling but also expressed a desire to see it backed up by legislation. The Supreme Court appeal was brought by the Yonsei Severance Hospital after an appellate court in February ruled in favor of the patient's family. Several courts and governments have recently approached the legal issues surrounding the removal of life support, food and treatment from persons in a persistent vegetative state. Also in February, Italian lawmakers indicated that they would proceed with a vote on right-to-die legislation despite the death of comatose patient Eluana Englaro after the removal of her feeding tube. In November, the Mexican Senate approved a law that would allow terminally ill patients to refuse medical treatment. In 2005, the Terri Schiavo case highlighted similar issues in the US.

Full post as published by JURIST - The Paper Chase on May 22, 2009 (boomark / email).