DOI QR코드

DOI QR Code

Study on Laws related to the Scope of Both Medical Doctors' Practice in Korea

의료인 업무범위 관련 법률 고찰

  • Yu Jin So (College of Korean Medicine, Woosuk University) ;
  • Da Hee Lee (College of Korean Medicine, Woosuk University) ;
  • Hye In Jeong (Department of Preventive Medicine, College of Korean Medicine, Kyung Hee University) ;
  • Kyeong Han Kim (Department of Preventive Medicine, College of Korean Medicine, Woosuk University)
  • 소유진 (우석대학교 한의과대학) ;
  • 이다희 (우석대학교 한의과대학) ;
  • 정혜인 (경희대학교 한의과대학 예방의학교실) ;
  • 김경한 (우석대학교 한의과대학 예방의학교실)
  • Received : 2023.11.27
  • Accepted : 2023.12.20
  • Published : 2023.12.31

Abstract

Objective : This study was aimed to reassess the scope of practice for medical personnel based on laws. Method : The law specifying the scope of practice for medical personnel has been selected searching Korean Law Information Center(https://www.law.gov.kr). The result was categorized as 'examination, diagnosis, treatment, procedure, prescription, and others'. Results : The laws related to medical procedures were divided into three categories: diagnosis, treatments, and public health and others. In the field of diagnosis, traditional Korean medicine practitioners are generally allowed to play a role. However, some laws specify that only medical doctors can be the primary authorities for diagnosing infectious diseases. In the area of treatments, particularly in emergency medical situations, only medical doctors or nurses are typically mentioned. There are debates in the field of public health and other areas concerning issues such as vaccination, disability diagnosis, and the qualifications for health center directors. A reevaluation is also needed for the Occupational Safety and Health Act, where only medical doctors are set as the personnel standard for workers' health examinations. Conclusion : To safeguard and promote the health of the citizens, there is a need for a clear definition of the licensure and scope of practice for healthcare professionals. Consistent interpretation of conflicting provisions among various laws and clear criteria for the term 'physician' in legal contexts are essential.

Keywords

References

  1. 의료법 제1장제2조
  2. KW Jung. The Standard and Limit of Medical Practice and Oriental Medical Practice. The Korean Society of Law and Medicine. 2018;19(2): 3-24
  3. Eun Joo Shin. A Case Study on the Use of Ultrasonic Medical Devices and Unlicensed Medical Practices of Korean Medicine Doctors. Korean Journal of Medicine and Law. 2023; 31(l): 7-34 https://doi.org/10.17215/kaml.2023.06.31.1.7
  4. 대법원 2022. 12. 22. 선고 2016도21314 판결
  5. YL Park, YS Kang, KH Baek, SH Ra. Study on Laws related to the Scope of Both Medical Doctors Practice in Korea. Journal of Society of Preventive Korean Medicine. 2014;18(3): 91-104
  6. 헌법재판소 2013. 2. 28.자 2011헌바398 전원합 의체 결정
  7. HY CHOI. New Standards for Determining Unlicensed Practice of Korean Medicine Doctors Focusing on the Supreme Courts Decision No. 2016do21314-. The Korean Society of Law and Medicine. 2023;24(l): 131-155 https://doi.org/10.29291/kslm.2022.24.1.131
  8. 서울행정법원 2023. 11. 23. 2022구합63317 판결
  9. 서울고등법원 (인천) 2023. 6. 9. 선고 2020나11351 판결
  10. 학교보건법 제15조의 2(응급처치 등) 1항
  11. 수원지법 2021. 02. 21. 2020고정388 판결
  12. 최선 (2015, 05, 21). "아쉬운 건 정부" 의사협회, 독감 사업 참여 거부 촉각. . URL: https://www.medicaltimes.com/News/1097246?ID=109723310)
  13. 곽성순 (2021, 02, 24). 복지부 "의협, 예방접종 거부 없을 것으로 생각". <청년의사>. URL: http://www.docdocdoc.co.kr/news/articleView.html?idxno=2008047
  14. WHO. The organization and delivery of vaccination services in the European Union, 2018
  15. ST Kim. A Study on the Expansion of the Qualifications of the Head of the Public Health Center in Public Health. The Journal of Humanities and Social Sciences 21. 2022;13(2):1343-1354. 10.22143/HSS21.13.2.95.
  16. 국가인권위원회(2017. 05. 17), 보건소장에 의사 면허 소지자 우선 임용은 차별, https://www.humanrights.go.kr/site/program/board/basicboard/view?menuid=001004002001&boardtypeid=24&boardid=7601090.