• The Korean Society of Law and Medicine
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• v.11 no.1
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• pp.145-158
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• 2010

현재의 의료 영역은 고도로 전문화되어 있고 더불어 의료의 분업화도 활발히 이뤄지고 있다. 의료의 분업화 과정에는 특히 서로 상이한 전문을 가진 의사들 간의 신뢰와 불신의 문제가 제기되는데 이러한 분업적 의료는 일반적으로 수직적 분업과 수평적 분업으로 구분할 수 있다. 수평적 분업의료에서는 원칙적으로 다른 의사의 주의깊은 행위에 대한 신뢰가 허용된다. 물론 그렇다고 하여 의사에게 검사 내지 재검사의 의무가 없는 것은 아니고 이를 필요로 하는 상황에서는 반드시 재검사가 이뤄져야 한다. 신뢰는 현행법의 과책원칙을 나타내는 '행위에 대한 자유'의 표현이며 의사에게 부주의한 행위가 있는 경우에는 신뢰가 인정될 여지가 없기 때문이다. 결국 재검사를 하여야 할 사정이 존재하지 않는 때에는 다른 영역으로부터의 보고를 원칙적으로 신뢰할 수 있다. 이처럼 본 연구에서는 지속적으로 전문화 및 분업화가 이뤄지고 있는 의료영역에서의 신뢰와 불신에 대한 개관을 통해 이를 재검토하고자 하였다.

• The Korean Society of Law and Medicine
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• v.16 no.1
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• pp.125-151
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• 2015

South Korea's medical system has dual systems-that is, Oriental and Western Medicine. Both are different from method for diagnosis or treatment of diseases and Scientific principle. Of the characteristics of Oriental medical practice in comparison with Western medical practice, notably, it is difficult to acknowledge specific constitutions, Oriental medical doctors' discretion is broad, and Oriental medical practice has a low invasiveness. Thus, it is difficult to acknowledge human specific constitutions when grounded on Oriental medical principles, thereby making it difficult for Oriental medical doctors to argue such specific constitutions as a means of defending against their medical negligence. And, it is difficult to prove Oriental medical doctors' negligence because Oriental medical doctors' scope of discretion is broad. Collaboration of Oriental medicine and western medicine can diagnose and treat the patient's diseases from a different viewpoint, making both medicines complementary. Oriental medicine and western medicine are independent of each other, equal, thus making them divided horizontally. Horizontal medical service division involves the principle of trust, but the principle of trust does not always apply to Oriental medicine and western medicine, because if patients shift from one area of medicine to another, the scientific principle, diagnostic method and treatment method of that medical area should be different. Application of the principle of trust to both of them needs to be analyzed according to types of medical institutions where transfers occur, and to the scope of work division between them.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.399-434
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• 2014

A criminal liability of the divisional medical-institution is faced a new aspect in the connection with development of the medical techonology. Especially, a division of labor in the medical-institution in Korea will be greatly increased in the foreseeable future. A general hospital will be frequently confronted with sofisticated techniques such as MRI, CT-screen. Accordings to the nature of its functions, a general hospital may make accommodation or services or both available for patients who give undertakings (or for whom undertakings are given) to pay, in respect of the accommodation or services (or both) such charges as the government may determine. It shall be the duty of the government to develop, promote and regulate a criminal liability of the divisional medical-institution. Above all, the government shall have to determine the standard of a criminal liability of the medical-institution in the horizontal specialization and the vertical specialization. But, the court may give finally by directions the standard of the criminal liability of the divisional medical-institution.

• The Korean Society of Law and Medicine
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• v.24 no.3
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• pp.27-55
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• 2023

The term "Collaborative medical care" commonly used in South Korea refers to the case where doctors from different medical departments work together to treat a patient within the same medical institution. Therefore, "Collaborative medical care" represents the aspect of a medical team where various medical professionals collaborate based on their expertise to treat patients. Additionally, doctors from different specialties within the medical team engage in horizontal division of labor at an equal status, distributing legal responsibilities according to the principles of division of labor. The Supreme Court also acknowledges cases where multiple doctors collectively provide medical treatment through division of labor or collaboration and states that the doctor who initially attended to the patient must accurately inform the subsequent attending doctor about the patient's condition to enable appropriate measures. In medical institutions with multiple specialties, when doctors from different specialties collaborate to provide medical treatment, the doctor who attended to the patient initially must decide whether collaboration is necessary based on the patient's condition. Subsequently, they must inform the doctor from the relevant specialty about the patient's condition accurately to facilitate appropriate actions. The successor doctor who participates in collaborative medical care must actively communicate relevant treatment information related to the patient's condition with the predecessor doctor who requested collaboration, exchange opinions, and do so until the patient's treatment concludes. However, the determination of the necessity of collaborative medical care should be based on the patient's condition at the time, and it cannot be asserted that collaborative medical care is mandatory in all cases. Whether there is negligence in the decision about the necessity of collaboration will be assessed based on the legal principles of a doctor's duty of medical care.

• Journal of Preventive Medicine and Public Health
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• v.26 no.1 s.41
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• pp.1-19
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• 1993

Mail questionnaire was administrated to 370 practising physicians and 388 pharmacists in Taegu city selected by systematic sampling to examine utilization states and opinion of pharmacy under medical care insurance programme and the attitude to the functional division between physicians and pharmacists from April to May 1992. Regarding the opinion on the outcome of drug-store under medical insurance, 71.2 percent of practicing physician answered faliure but 13.4 percent of practicing pharmacists answered failure in contrast. Fifty percent of practicing physician asserted introducing functional division between physician and pharmacist while 66.9 percent of practicing pharmacist answered drug-store under medical insurance itself is sucessful programme. Average daily numbers of preparation of medicine was 32.2 case. Percentage of utilization of drug-store under medical issurance to average daily cases of preparing of medicine was 20 percent, percentage of utilization with physician's prescription was 0.7 percent. And 58.7 percent of practicing physician experienced outside the institute prescription. Regarding the opinion on the pros and cons of enforcing functional division between physician and pharmacist, 59.2 percent of practicing physician prefered pros and 17.7 percent cons, but 38 percent of practicing pharmacist prefered pros and 45.5 percent cons. And pharmacist knew better the content of functional division between physician and pharmacist than physician. As a reason for pros of enforcing functional division between physician and pharmacist, practicing physician emphasized to prevent misuse or abuse of medicine but practicing pharmacist emphasized to display physician and pharmacist's professional ability. And as an opinion on implementation style of functional division between physician and pharmacist in pros respondents, practicing physician favored mandatory enforcement (52.3%), while practicing pharmacist favored partial incomplete functional division (81.7%). As the method of prescription if functional division between physician and pharmacist will be enforced, both practicing physician and pharmacist prefered generic name (44.0%, 89%) mostly, but physician prefered brand name (35.3%) secondly. Regarding the reason for not implementing functional division between physician and pharmacist up to date, both physician and pharmacist answered problem of business right between physician and pharmacist, followed by lack of recognition, and interest of people and lack of the govermental willness. Regarding the opinion on prior decision of condition for enforcing functional division between physician and pharmacist, practicing physician and pharmacist named uneven distribution of medical facilities and drug-store between rural and urban, inequality of physician and pharmacist manpower and the problem of manpower demand and supply mostly, and practicing physician pointed out establishing attitude of acceptance on the part of pharmacist and practicing pharmacist favored establishing attitude of acceptance on the part of physician, which was different attitudes between physician and pharmacist. Following conclusion was reached ; 1. Current drug-store under medical insurance program yield insufficient outcome, so we should consider program conversion from drug-store under medical insurance program to functional division between physician and pharmacist. 2. There were problem of business right and conflicts between physician and pharmacist at enforcing functional division between physician and pharmacist, so the goverment should search for formulating plan to resolve the problem and have neutral willness for the protection of the national health.

• The Korean Society of Law and Medicine
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• v.4 no.1
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• pp.131-152
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• 2003

• The Korean Society of Law and Medicine
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• v.1 no.1
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• pp.235-259
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• 2000

• Proceedings of the Safety Management and Science Conference
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• 1999.11a
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• pp.457-466
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• 1999

2000년 7월을 기점으로 의약분업이 전국적으로 실시될 예정이다. 의약분업의 시행은 '약은 약사에게, 진료는 의사에게'라는 의약분업 본래의 취지 못지 않게 의약품 유통의 왜곡을 시정키 위한 조치이며 이에 따른 사회적/경제적 비용-국민의 불편 포함- 을 고려해 볼 때 이는 건국이래 행하여진 보건 정책 중 국민 생활에 가장 큰 영향을 미칠 것으로 보인다. 의약품의 유통 못지 않게 '의료보험'에 관한 논란 역시 현재 매우 중대한 사회적 주목을 받고 있는 문제이다. 현재 직장의보 및 지역의보와 관련되어 행해지고 있는 논란은 그 결과를 가늠키 어려운 난제임에 틀림없으며 그 결과여부에 관계없이 또 다른 막대한 사회적 비용을 요구할 것으로 보인다. 본 논문에서는 위의 두 가지 문제를 동시에 해결할 수 있는 의료통합정보시스템을 구축하고자한다.

• Proceedings of the CALSEC Conference
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• 2001.02a
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• pp.561-569
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• 2001

□ 인터넷 의료 처방전 시스템 ★ 병원, 약국, 환자를 네트웍화 하여 인터넷으로 병원과 약국간의 실시간 연결, 신뢰성 있는 처방전의 발행하는 등 다양한 서비스를 제공하는 시스템 □ 독창성 ★ 병원 및 약국의 업무 자동화로 정확하고 신속한 처방전 발행을 통한 선진화된 의료 서비스 및 의약 분업의 불편을 최소화하며 의료체계에 대한 데이터 및 프로세스의 기준제시로 전 의료체계 전산화의 비전을 제시(중략)

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.41-72
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• 2018

In the division of labor (or teamwork) in medicine, the responsibility of medical and nursing staff should be separated or distributed to justify negligent criminal offenses. The present work refers to the standards by which the due diligence and responsibility of the individual persons are to be determined and delimited. In this context, it has been proven that objective theory as a measure of due diligence is appropriate. From a moral point of view, when assessing due diligence, it makes sense to impose greater individual or higher performance demands on the perpetrator, but law and order require that due diligence should result from socially relevant human behavior. To give objective measure of negligence and to provide the highest level of personal responsibility, so that man can not be burdened too much responsibility and it is accordingly with an equality theorem. Afterwards some points are presented, which should be considered in a concrete fact in the determination of the medical negligence. Medical action has specific characteristics such as professionalism, discretionary and exclusive, unbalance of information. These characteristics distinguish medical actions from general negligence. The general level of knowledge, the urgency, working condition and working environment of the medical facility, duration of the professional practice, assessment of the medical activity are crucial in this context. As a standard of delineation of due diligence, I have used the permitted risk and the principle of trust. In the horizontal division of labor, the principle of trust applies. The principle of trust applies in principle in cases of division of labor interaction, when doctors in the same hospital exercise their own specific occupational field or everyone works in another hospital. However, this is not true for every case. In the vertical division of labor, the principle of trust does not apply and the senior physician can not trust the assistant doctors. In this case, the principle of trust is converted into a duty of supervision for assistant doctors by the senior physician. This supervision requirement could be used as a random check.