• 제목/요약/키워드: Korean Medical

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한방 의료행위의 개념과 그 한계 - 법령과 판례를 중심으로 - (The Concept of Practice of Korean Medicine and the Limitations - Focusing on Legislations and Precedents -)

  • 권순조;엄석기
    • 한국의사학회지
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    • 제28권1호
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    • pp.121-133
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    • 2015
  • Objectives : The purpose of this study is to suggest how to interpret the 'practice of Korean Medicine', differentiating it from 'medical practice'. Methods : I analyze the legislations and precedents regarding the practice of Korean Medicine. Results : The Korean Medicine and Pharmaceutics Promotion Act defines 'practice of Korean Medicine' and it clearly differentiates it from the definition of 'medical practice'. However, the scope of this definition is somewhat restricting and it can violate doctors of Korean Medicine's right to equality and their academic freedom. Thus, the application of this definition of the 'practice of Korean Medicine' should be limited to the field of research and development. Meanwhile, criteria of distinguishing 'practice of Korean Medicine' from 'medical practice', which used to make a sharp distinction between Medicine and Korean Medicine by rigorously applying their academic standards, are now focusing more on protecting and improving health of the people. Discussions & Conclusions : I suppose that the distinction between the 'practice of Korean Medicine' and 'medical practice' will be more focused on public health rather than the academic stance of those two medical fields. Meanwhile, in accordance with dualistic medical system, the mutual usage of medical equipment in the area of 'treatment' should be limited while it should be allowed in the area of 'diagnosis' if it satisfies requirements suggested by the Constitutional Court.

원전학(原典學) 연구방법론에 대한 고찰 - 귀추적 추론을 중심으로 - (A Study on the Research Methodology in Korean Medical Classics - Focused on Abductive Reasoning -)

  • 백유상
    • 대한한의학원전학회지
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    • 제32권2호
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    • pp.1-16
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    • 2019
  • Objectives : In this paper, characteristics of research methodology used in the field of Korean Medical Classics and its application was studied, with a focus on abductive reasoning that takes place in such methodology. Methods : First, the properties of the Korean Medical knowledge system, production, circulation and consumption of Korean Medical knowledge, methodology of knowledge production, reasoning of hypothesis, Medical Classics research methodology and its examples were examined. Afterwards, the relationship between Medical Classics research and Korean Medical Doctors's competence was studied. Results : The knowledge system of Korean Medicine, formed by a knowledge production group changes continuously not unlike a living organism. Knowledge is produced through Sang (象) within human consciousness that lies in an existential relationship between the knowledge producer and subject, through means of abductive reasoning. Conclusions : Creative knowledge production through abductive reasoning in the field of Korean Medical Classics will hopefully contribute to production of highly useful knowledge in clinical settings, complement and make change in the current Korean Medical knowledge system. Various teaching methods based on this research methodology will contribute to strengthening Korean Medical Doctors's competence as well.

한의사의 면허 외 행위 판단 기준에서 "진단의 보조 수단"의 의미 - 대법원 2023. 8. 18. 선고 2016두51405 판결 - (Meaning of "an auxiliary method of diagnosis" in the judgment of unlicensed medical practice by Korean medical doctors - Supreme Court Decision 2016Du51405 on August 18, 2023 -)

  • 최혁용
    • 의료법학
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    • 제24권3호
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    • pp.125-153
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    • 2023
  • 대법원 2022. 12. 22. 선고 2016도21314 전원합의체 판결은 한의사의 진단용 의료기기 사용이 면허된 것 이외의 의료행위에 해당하는지를 판단하는 새로운 기준을 제시하고, 이 기준에 따라 한의사의 초음파 사용을 무면허 의료행위가 아니라고 판단하였다. 대법원 2023. 8. 18. 선고 2016두51405 판결은 새로운 판단기준을 적용하여 뇌파계를 파킨슨병과 치매 진단에 사용한 행위가 한의사로서 면허된 것 이외의 의료행위에 해당하지 않는다고 판단한 첫 번째 사안이다. 대법원은 판례변경을 통해 의료기기 사용에 서양 의학적 지식과 기술이 필요하지 않아야 한다는 종전 기준을 폐기하였지만, 진단용 의료기기를 사용한 한의사의 서양 의학적 진단행위를 진단의 보조수단으로 볼 것인지는 불투명한 상태였다. 이에 대법원은 뇌파계를 활용하여 파킨슨병과 치매, 즉 서양 의학적 진단을 한 한의사의 행위를 면허된 것 이외의 의료행위가 아니라고 판단함으로써 진단의 보조수단이 가지는 의미를 명확히 정리하였다. 이외에도 대상 판결은 뇌파계의 개발, 제작 원리와 뇌파계 검사 결과의 자동 추출 및 자동 판독 여부 또한 판단기준에서 배제함으로써 한방의료행위의 의미가 수범자인 한의사의 관점에서 명확하고 엄격하게 해석되어야 한다는 죄형법정주의 관점을 더욱 투철하게 적용하고 진단용 의료기기가 한의학적 의료행위 원리와 관련 없음이 명백한 경우가 아닌 한 형사처벌 대상에서 제외됨을 분명히 하였다.

졸업 후 의학교육제도의 역사성 고찰 (Taking into Account the History of Korean Graduate Medical Education)

  • 이무상
    • 의학교육논단
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    • 제15권2호
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    • pp.61-68
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    • 2013
  • During the Japanese colonial period in the Korean Peninsula, Chosun (ethnic Korean) physicians were trained in vocational clinical schools, but Japanese physicians in medical school. Therefore, the Japanese government treated the Japanese physicians as medical doctors but Chosun physicians as dealers or traders in clinical services. This colonial discriminatory policy became a habitual concept to Korean physicians. Because of these traditional concepts regarding physicians, after the colonial period, the newly established Korean government also had the same concept of physicians. Therefore, in 1952, the Korean graduate medical education system was launched under a government clearance system with the claim of supporting medical specialties as clinical dealers or clinical businesspeople. During the last 60 years, this inappropriate customary concept and the unsuitable system have evolved into medical residency training education, and then into graduate medical education. Today graduate medical education has become inextricably linked to postdoctoral work in Korean hospitals.

의료기기 허가·신고·심사 등에 관한 규정 변화와 전망 : 한의 의료기기 중심으로 (Changes and Perspects in the Regulation on Medical Device Approval Report Review, etc. : Focus on Traditional Korean Medical Devices)

  • 김대진;최병희;김태영;정성희;강우석
    • 대한예방한의학회지
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    • 제28권1호
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    • pp.31-42
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    • 2024
  • Objective : In order to understand the changes in domestic approval regulations applicable to traditional Korean medical device companies, this article will explain the major amendments 「Regulation on Medical Device Approval Report Review, etc.」 from 2005 to the present on a year-by-year basis, and provide a counter plan to the recent changes in approval regulations. Methods : We analysed the changes in approval regulatory amendments related to the traditional Korean medical devices from 2005 to the present. Results : The Ministry of Food and Drug Safety is continuously improving medical device approval regulations to ensure the global competitiveness of domestic medical devices and contribute to the improvement of public health. Recent major approval regulatory amendments include the establishment of a review system for software medical devices and digital therapeutics, the recognition of real world evidence materials, the introduction of a biological evaluation of medical devices within a risk management process and a medical device approval licence renewal system. Conclusions : It is expected that the range of medical devices available to Korean medicine doctors will continue to expand in the future through the provision of non-face-to-face medical services and the development of advanced and new medical devices, as well as wearable medical devices and digital therapeutics. In order to increase the market entry potential of traditional Korean medical devices that incorporate advanced technologies such as digital technology and AI-based diagnosis and prediction technology, it is urgent that the government provide significant support to traditional Korean medical device companies to improve approval regulatory compliance.

환자의 의무기록 관련 의료인의 법적 지위 (Legal Status of Medical Personnel on Medical Records)

  • 이백휴
    • 의료법학
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    • 제11권2호
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    • pp.309-335
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    • 2010
  • This study is a paper reviewed legal status of medical personnel and issues of law on recently discovered medical records. As the increase of medical personnel who have gone through the administrative disposal in regards to the medical records, it is needed to examine the legal issue or dispute on the medical records under the current law. Medical records are the statement on patient's medical conditions made by the medical personnel. This records are used as important source for patient's further treatment. This becomes the communication route between the patients and the other medical personnel, and it provides the patients a right to find out their medical information. According to the Medical Service Act (Article 21), a medical personnel shall prepare respectively a record book of medical examination and treatment. And medical personnel shall make a signature. Furthermore, the medical personnel or the opener of the medical institutions must preserve the record book (including an electronic medical record). Meanwhile, the issues of a ban on false entry, additional record, revision or manipulation on the medical record have been recently on the rise. This paper briefly examined the major issues in regards to the medical records. It especially clarified the legal duty on medical records and its major-contentious-issues. At the same time, it pointed out the problems of the unreasonable over interpretation of the law. Furthermore, this suggested the guidelines for the further discussion and review.

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세종대 의원 활동 연구 - 『조선왕조실록(朝鮮王朝實錄)』을 중심으로 - (A Study on Activities of Doctors in King Sejong Period - Based on The Annals of the Joseon Dynasty -)

  • 송지청;엄동명
    • 대한한의학원전학회지
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    • 제29권1호
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    • pp.55-63
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    • 2016
  • Objectives : Doctors are obviously one of the most interesting subject in medical history. Doctors are who treat patients and disease and the authors for medical records or books. Especially doctors in traditional medicine mostly tried to write medical books for new idea or their esperiences or leave their medical records for treatments, medication, prescription and so on. Therefore, many researchers have explained Korean or Chinese medical history of traditional society through those books or documents rather than doctors themselves. The Annals of the Joseon Dynasty has massive records for history, politics, society, culture, etc. Relating to medical history in traditional Korean medicine, there are ceveral researches about disease of King, disease itself, the methods of treatment and so on, through The Annals of the Joseon Dynasty. However, there are few on activities of many doctors in The Annals of the Joseon Dynasty. Methods : I tried to find out the names who had some roles of medicine in The Annals of King Sejong out of The Annals of the Joseon Dynasty. I could get 35 doctors and browsed 35 doctors in The Annals of the Joseon Dynasty again. Finally, I could have lots of articles from The Annals of the Joseon Dynasty related to 33 doctors(2 dontors had no records about medicine even they were doctors). Results : I categorized 2 ways of those articles; medical activities, non-medical activities. For medical activities, I got subcategories for medical activities; medical maltreatment, treatment for King, royal family, bureaucrat, ambassador. I also got subcategories for non-medical activities; publishing medical books, ambassador as a doctor, medical training, things related to hot spring, food therapist, veterinarian. Conclusions : Medical history of Joseon Dynasty in Korean medical history has somehow been recorded by medical books such as Hyangyakjipseongbang, Euibangyuchwi, Euilimchwalyo, Dongeuibogam, Jejungsinpyeon, Dongeuisusebowon, etc. So I have concerned that there are massive records on doctors activities in The Annals of the Joseon Dynasty and tried to focus on their various activities through this research.

한국의학사(韓國醫學史)에서의 의안연구(醫案硏究)의 필요성(必要性)과 의의(意義) (The Need and Meaning of Studying Medical Records in the Korean Medical History)

  • 김남일
    • 한국의사학회지
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    • 제18권2호
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    • pp.189-195
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    • 2005
  • Medical Records are the clinical chronicles of Korean Medicine. It not only has value as historical documentation, but also has value in clinical use. If studies of medical records that contain specific methods for tackling diseases are accompanied, it will be easier to clearly see the internal development process of Korean Medical History. This paper was written in order to achieve these goals by reporting the thoughts on the necessity and meaning of studying Medical Records.

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