The Korean Society of Law and Medicine (의료법학)
- Volume 14 Issue 1
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- Pages.237-271
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- 2013
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- 1229-8069(pISSN)
The Present State and Subject of Health Care Law System in Korea
우리나라 보건의료법의 현황과 과제 - 법정책학적 연구방법론을 중심으로 -
- Cho, Hyong Won (Sangji University)
- 조형원 (상지대학교 보건과학대학 의료경영학과)
- Received : 2013.04.23
- Accepted : 2013.06.10
- Published : 2013.06.30
Abstract
There is the limit of the traditional legal hermeneutics and fragmentary or individual theoretical legal approach to suggest the desirable solution of Korean health care law system to have many issues. Law & politics research is the legal research method to suggest the resonable understanding and seeking the measures through various approach, decide and evaluate that the legal methods can be functioned as the optimum system design. Law & politics research has some procedure. 1. It is demanded to catalog the comparison target of legal system by its topic. 2. It is demanded to compare it with Korean situation. 3. The realistic and empirical legal research to the compared policy alternatives is needed. 4. Reflecting the results of this research work, the desirable policy idea must be adopted. 5. The accomplishment of this policy idea must be come true as a specific legislation through interest coordination. 6. This plan must be come into force and the feedback to effect of society must be examined closely. Here I will review generally the contribution of law & politics research to health care law system because of the problem of time and the insufficiency of law & politics research. The constitutional consideration is important to support the interest coordination because of the shortage of resources. The comparative law research can compare our health care system with those of other countries and seek some desirable alternatives. If we discuss the law system plan in a long time and synthetically from different perspectives, more desirable helath care law system can be deducted.
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