Right or Wrong of Legal Representative Acceptance in the Organ Transplant Medical Treatment: with Reference to the Adult Guardianship System

The treatment by doctor’s arbitrary diagnosis based on medical paternalism is not allowed except in an emergency today. Medical personnel must have patient’s consent with the adequate exposition. Moreover, The patient has the right to self-determination on the medical practice. The Organ Transplant Law went into effect in October 1997. Under this legislation, organ transplants from brain-dead donors was made possible. Meanwhile, chronic shortages of organs are caused by imbalance in the supply and demand. So the revision is presently being studied in order that legally excisable organs will be increased. The amendment to The Organ Transplant Law allows organ donation upon permission of the family unless the brain-dead donor definite indication of denial. I am questioning the propriety of the bill. In this article, I examine right or wrong of legal representative acceptance in the organ transplant medical treatment with reference to the adult guardianship system