Journal of the Korean Medical Association (대한의사협회지)

Korean Medical Association (대한의사협회)
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Medical ethics guidelines and related laws

의사윤리지침과 관련 법률

  • Park, Hyoung Wook (Department of Social Medicine, Dankook University College of Medicine)
  • 박형욱 (단국대학교 의과대학 인문사회의학교실)
  • Received : 2016.12.02
  • Accepted : 2016.12.17
  • Published : 2017.01.20
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Abstract

Professional ethics can often encompass areas regulated by law. This is true of the Korean Medical Association (KMA) code of ethics. Therefore, doctors should consider their legal obligations when complying with medical ethics guidelines. A revision prepared by the KMA committee on medical ethics guidelines contains 5 types of amendments. First, some guidelines deal with areas that are not governed by current legislation. A second set of guidelines clarify the obligation to comply with current legislation by specifying "to the extent permitted by the law". A third set of guidelines repeat the contents of current legislation almost verbatim. A fourth set of guidelines explain the content of the current legislation in lay language when a chance of misunderstanding is present. Fifth, some guidelines can be interpreted as being in conflict with current legislation. The statement that physicians must consider the content of relevant laws does not mean that they must accept those laws uncritically. At a minimum, doctors should avoid falling into legal difficulties because of legal ignorance. Furthermore, doctors must make efforts to revise relevant laws that are not acceptable from the point of view of medical ethics. If doctors continue this effort, they can maintain their professional dignity. The revision of the medical ethics guidelines is the beginning of this effort. If doctors understand the relationship between medical ethics guidelines and current legislation, it will be easier for doctors to comply with medical ethics guidelines in the clinical setting.

Keywords

References

  1. Choi CK. Law and ethics. Seoul: Kyongsaewon; 1997.
  2. Yi SD. Introduction to law. Seoul: Bobmunsa; 2006.
  3. Korean Bar Association. Korean Attorneys' Code of Ethics [Internet]. Seoul: Korean Bar Association [cited 2016 Dec 22]. Available from: https://www.koreanbar.or.kr/pages/data/law_view.asp?teamcode=&page=1&seq=2295&types=6&category=2&searchtype=&searchstr=).
  4. Fischer C, Oneto C. USMLE medical ethics: the only USMLE ethics high-yield review. 3rd ed. New York: Kaplan; 2012.
  5. Park HW. Medical law for physicians. J Korean Med Assoc 2013;56:646-647. https://doi.org/10.5124/jkma.2013.56.8.646
  6. Medical Service Act, Article 56(4) (Dec 20, 2016).
  7. Medical Service Act, Article 23-2(1) (Dec 20, 2016).
  8. Supreme Court Decision 2014Da22871 (Decided Oct 29, 2015).
  9. Emergency Medical Service Act (Dec 2, 2016).
  10. Supreme Court Decision 92Da25885 (Decided Apr 15, 1994).
  11. Medical Service Act, Article 19 (Dec 20, 2016).
  12. Medical Service Act, Article 21(3) (Dec 20, 2016).
  13. Act on Hospice and Palliative Care and Withdrawal of a Life-sustaining Therapy for Dying Patients, No. 14329 (Dec 2, 2016).
  14. Medical Service Act, Article 27(3) (Dec 20, 2016).
  15. Supreme Court Decision 2007Do10542 (Decided Feb 28, 2008).
  16. Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes, Article 10(2) (May 29, 2016).
  17. Welfare of Older Persons Act, Article 39-6(2) (Aug 11, 2015).
  18. Act on the Prevention of Domestic Violence and Protection, etc. of Victims, Article 4(2) (Mars 2, 2016).
  19. Sexual Violence Prevention and Victims Protection Act, Article 9 (May 20, 2016).
  20. Supreme Court Decision 2009Da17417 (Decided May 21, 2009).
  21. Medical Service Act, Article 15(1) (Dec 20, 2016).
  22. Chong HM. Prohibitions of refusal of medical treatment and emergency medical services by Medical Service Act. Korean J Crim Case Studies 1997;5:460-477.
  23. American Medical Association. AMA Code of Medical Ethics [Internet]. Chicago: American Medical Association [cited 2016 Dec 22]. Available from: https://www.ama-assn.org/sites/default/files/media-browser/principles-of-medical-ethics.pdf.
  24. Supreme Court Decision 2009Da17417 (Decided May 21, 2009).

Cited by

  1. The revision of the ethical codes and guidelines of the Korean Medical Association vol.60, pp.1, 2017, https://doi.org/10.5124/jkma.2017.60.1.5