The passing of the “Tort Liability Act” makes the possibility of passive euthanasia in our country. For this reason, it is necessary to clarify and improve relevant legislation of the passive euthanasia. Becouse the basis of the right to euthanasia is controversial in the legal science field, we should focus on the self-determination death which is less disputing. In addition, related laws and rules should be stipulated and modified in the areas of the for cement of object, conditions, subject and the main purposes of passive euthanasia.