[Exclusive] Majority of Welfare Committee Holds Off on 'Assisted Dignified Death'... No Opinion Notified to Constitutional Court [What Kind of Death]

②Difficulty in National Assembly's Assisted Dignified Death Discussion
2 Positive, 1 Negative out of 11 Members
No Separate Opinion on Constitutional Petition

It has been confirmed that the majority of members of the National Assembly's Health and Welfare Committee's bill subcommittee, which is set to discuss assisted dignified death, have taken a stance of withholding judgment. When the Constitutional Court requested a response regarding a constitutional complaint related to assisted dignified death, the National Assembly also notified that it had "no opinion." Criticism is being raised that the lawmakers, who should be driving social consensus, are effectively neglecting their duties.

◆The National Assembly Unable to Express Opinions... Due to Religious Opposition and Other Reasons

On the 24th, Asia Economy conducted a full survey of 11 ruling and opposition party members belonging to the 2nd bill subcommittee of the Health and Welfare Committee. Eight of them withheld their stance on assisted dignified death. Two expressed positive opinions, and one expressed a negative opinion. Those who withheld their stance cited reasons such as the need for social consensus and opposition from religious groups. The assisted dignified death bill was discarded due to the expiration of the previous National Assembly's term, and it remains uncertain whether proper discussions will take place this time.

So Byeong-hoon, a member of the Democratic Party who expressed a positive opinion, did not provide additional comments, while Park Hee-seung, also from the same party, said, "There is a need to resolve issues related to the discontinuation of life-sustaining treatment currently occurring. However, since it concerns patient death, the procedures must be meticulously defined." Seo Mi-hwa, a Democratic Party member who expressed a negative opinion, pointed out, "The currently proposed bills correspond to active euthanasia and could lead to issues such as the survival rights of disabled persons and devaluation of life." Kim Mi-ae of the People Power Party, who expressed a withholding stance, explained, "It seems necessary to hold forums and public hearings later to gather overall public opinion before making a decision."

Regarding the request for a response to the constitutional complaint filed by Lee Myeong-sik and his daughter, the National Assembly submitted a notification stating "no separate opinion." In January of this year, the Constitutional Court decided to refer the constitutional complaint concerning assisted dignified death, including the unconstitutionality of legislative inaction, for trial and began deliberations. The core issue of this constitutional complaint is whether the National Assembly failed to fulfill its obligation to guarantee the fundamental rights of the people by not legislating. Previously, the Constitutional Court dismissed constitutional complaints filed by families of cancer patients in 2017 and 2018, stating that social consensus was necessary. Dismissal means ending the trial when the lawsuit does not meet requirements or the claim is not subject to judgment.

The plenary meeting of the National Assembly's Health and Welfare Committee is in progress.
[Photo by Kim Hyun-min]

◆The Ministry of Health and Welfare Is Cautious, Medical and Academic Circles Oppose

The key issues of the assisted dignified death law are how to define patient decision-making capacity, age criteria, life expectancy, types of diseases, and verification of sincerity. Additionally, it is necessary to clarify oral and written repeated expressions of intent, reflection periods, obligations to explain alternatives, duties and authority of the attending physician, implementation procedures, record-keeping obligations, and review tasks. Furthermore, a clause exempting doctors from criminal liability under the Criminal Act must be specified separately.

There are two bills related to assisted dignified death introduced in the 22nd National Assembly. However, there are clear differences in terms of institutionalizing assisted dignified death and expanding the scope of life-sustaining treatment decisions. The bill on "Assisted Dignified Death" proposed by Ahn Gyu-baek of the Democratic Party establishes an Assisted Dignified Death Review Committee under the Minister of Health and Welfare, which reviews and decides when a person who wishes to have assisted dignified death applies. It can only be implemented if one month has passed since the date of determination as a subject, and the person has expressed their wish for assisted dignified death to the attending physician and two specialists. The attending physician who assists in assisted dignified death is exempt from the application of the crime of aiding suicide under the Criminal Act.

Ahn also proposed a similar bill in 2022 with similar intent and content. At that time, Park Min-soo, the 2nd Vice Minister of Health and Welfare, stated at the 2nd bill subcommittee of the Health and Welfare Committee, "Currently, decisions on life-sustaining treatment are only allowed at the end of life, but it is a direction that minimizes public perception and various conflicts to gradually expand to terminal, vegetative state, dementia, etc., and then consider assisted dignified death."

The bill submitted by Nam In-soon of the Democratic Party, titled "Amendment to the Hospice, Palliative Care, and Life-Sustaining Treatment Decisions for Patients in the Dying Process," focuses on eliminating the distinction between patients in the dying process and terminal patients. The current law stipulates that decisions such as discontinuing life-sustaining treatment can only be implemented for patients who are near death, but this bill expands it to patients expected to die within several months. Currently, in medical practice, it is difficult to distinguish between patients in the dying process and terminal patients, and there are opinions that expanding the scope is necessary to improve the quality of life for patients and their families.

The Ministry of Health and Welfare takes a cautious stance on assisted dignified death, while most medical and academic circles oppose it. The Ministry's position is that since opinions are divided between the right to life and self-determination, sufficient social consensus must be reached first. The Korean Medical Association stated that legislation is premature without sufficient social consensus and agreement, and there is a significant risk of spreading a devaluation of life culture.

The Korean Hospice and Palliative Care Society argued that institutional improvements and systems for end-of-life care must be established first, and the risk of suicide proliferation must be considered. The Korea Patient Organization Federation emphasized that allowing terminal patients to end their lives early is a reversal of priorities in legislation, and that the creation of a quality hospice and life-sustaining treatment environment must come first.

Yeon Gwang-seok, a specialist of the Health and Welfare Committee, said, "As social interest in Well-Dying has recently increased, there is a need for in-depth discussion on the legislation of assisted dignified death by referring to overseas legislative examples," but also pointed out, "It conflicts with the basic role and medical ethics of doctors and medical institutions, which are essentially to save patients' lives, and there is a risk of spreading a culture of devaluing life. Since medical and academic circles have expressed opposition, social consensus must be reached."

He added, "It is necessary to reconsider whether it is appropriate to approach the issue of a dignified human death in a manner similar to general administrative decisions, such as by application and approval by a review committee," and said, "Even if exemption from the crime of aiding suicide for doctors is stipulated, various issues such as ethical and religious disputes may arise."