"장기등이식에관한법률"의 내용 및 시행상의 문제점 및 개선점

Purpose: On 18 March 2003, The Korean Ministry of Health and Welfare revised the Human Organ Transplantation Law, which was enacted to save lives and improve the quality of life of organ recipients. The present study was conducted to examine those revisions and make suggestions for further changes to the law.

Methods : First, the problematic aspects of the law, such as the determination of brain death, the obtaining of informed consent, the allocation of the organs, and the practice of living organ donations, were first identified. Secondly, these aspects of the law were then examined and criticized in light of the organ transplantation laws in foreign countries. Thirdly, efforts to improve the law were described.

Results: 1) The law should make it clear that when consent from the organ donor is impossible, consent should be obtained from the donor's guardian or the person living with the donnor. 2) In order to avoid delays in decisions concerning organ transplantation, the current organization and role of the Brain Death Determination Committee should be re-considered. 3) In the allocation of human organs and selection of organ recipients, giving priorities to the HOPO (Hospital-based Organ Procurement Organization) is not the best way to increase the number of human organ transplantations. A method is needed to increase the objectivity and justice in human organ allocation. 4) The law should be more specific in defining "living organ donations" and the role of the Hospital Ethics Committee. The law should also clearly prohibit the sale of human organs and the donation of organs from minors.

Conclusion: This study provides four recommendations for improvements to the current Human Organ Transplantation Law. First, autonomous consent must be respected in donation. Second, brain death should be determinated clearly and precisely by means of a simple process. Third, organs should be allocated fairly. Fourth, living donations should be encouraged.