A Study on the Legal Aspect of the Concept for Medical Practice in Korean Medicine through Cases Analysis

판례분석을 통한 한방의료행위개념의 법적 근거 고찰

  • Lee, Mee-Sun (School of Korean Medicine, Pusan National University) ;
  • Kwon, Young-Kyu (School of Korean Medicine, Pusan National University)
  • 이미선 (부산대학교 한의학전문대학원) ;
  • 권영규 (부산대학교 한의학전문대학원)
  • Received : 2009.10.22
  • Accepted : 2009.12.12
  • Published : 2009.12.31

Abstract

Objectives : The lawsuits associated with medical practice in Korean medicine are increasing gradually. However, the clear definition for medical practice in Korean medicine has not been existed in Korean law. Only we may understand the concept regulated by judicial precedents of the court of justice or the authoritative interpretation by the government. Methods : For study, a database was established for medical lawsuits involving Korean medicine(1968~2009, n=130). Results : According to court rulings, the medical practice in Korean medicine is an act to diagnose a person's illness, prescribe and treat to cure based on traditional Korean medicine, to be understood as a medical care, to have some factor to create or increase danger for the preservation of health or hygiene, and to be practiced by medical specialists based on their professional knowledge. Conclusions : But, such definition is not proper and exceedingly vague. Besides medical circumstances Koreans Medicine are changing, and new precedent to the definition of the practice of medicine is establishing. Therefore the meaning and scope of the medical practice in Korean medicine should be modified and amended, reflecting these conditions.

Keywords

References

  1. Lee HW., Kim H., Medical Dispute and the Proper Guideline for Medical Practice in Korean Medicine. Korean journal of Oriental Physiology & Pathology, 2006;20(6):1749-1762.
  2. Lawnb, Inc. (2009.7.10)
  3. Ministry of legislation (2009.7.10)
  4. Lee SD., Legal Sociological Construction of the Concept of Medicine, 嶺南法學, 2008;27:101-128.
  5. 박용신, 한방의료와 의료법, 서울:도서출판 열린아트, 2008.
  6. Lee JW., A Study on the Medical Practice, 慶星法學, 2007;16(2):171-187.
  7. Kim JK., Lim KJ., Kim C., Kim HS., Intramuscular Stimulation Therapy on Failed Back Surgery Syndrome Patients, Korean J Pain, 2003; 16(1):60-67.
  8. 전세일, 대체의학의 소개, 재활치료, 서울:계축문화사, 1998.
  9. Kwak MS., A Study on the Definition of Medical Care in Legislative Process, 法과 政策硏究, 2007;7(1):65-81.
  10. 이만우, 보건의료정책의 관점에서 '간호법' 제정 논의, 의료정책포럼, 2005;3(11):113-120.