• The Journal of Korean Physical Therapy
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• 제10권1호
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• pp.253-263
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• 1998

To provide physical therapy service of good quality keeping people healthy and obstain structural reformation coping with the demands of in medical service market to foreign intercourse on 21C, we should make legal system fer the physical therapy practice. Thus we suggest the Ministry of Health and Health and the authorities should, 1. Exclude the provision of physical therapist from the classfication of medical technician on the Medical Technician Law Article 2. and establish the independent Physical Therapist Law 2. Eliminate the provision of physician or dentist's guide the Medical Technician Law Article 1. or reform it to physician or dentist's request so that physical therapists may have a independent practice, or 3. Add the provision of the physical therapy center to the Medical Technician Law, the enforcement ordinances and enforcement regulations, such as the provision of optometrist or dental technician.

• The Journal of Korean Physical Therapy
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• 제28권2호
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• pp.128-135
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• 2016

Purpose: The aim of this study was to compare the "Physical Therapist and Occupational Therapist Act" of Japan and the "Medical Technician's. Etc. Act" of Korea in order to establish the grounds for improvement of effective law-making. Methods: We obtained the "Medical Technician's. Etc. Act" from the Korean Ministry of Government Legislation and the "Physical Therapist and Occupational Therapist Act" from the Japanese Ministry of Health, Labor and Welfare. It was translated from an association by related Japanese and experts. Results: The laws consisted of acts, enforcement ordinances, and enforcement regulations in both Korea and Japan. In the Korean case, eight occupations were defined in one law including six types of medical technicians, as well as medical recorders and opticians. The "Physical Therapist and Occupational Therapist Act" in Japan is composed of 6 chapters and 22 articles, while the Korean Act consists of 33 articles without chapters. Among them, 11 articles covered the establishment and management of dental laboratories and eyeglass shops, and only 22 articles were related to physical therapists and occupational therapists. Conclusion: Independent laws should be established for each type of medical technician. They must be comparable to Japanese laws on physical therapists and occupational therapists as well as clinical pathologists, dental hygienists, dental technicians, radiologic technologists, medical recorders, and opticians.

• 대한방사선기술학회지:방사선기술과학
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• 제17권1호
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• pp.87-96
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• 1994

Accoring to the astonlshing progress of medical science, the medical roles of the radiologic technologist are increasing gradually and specializing highly. However, there are the wide disagreements the actual roles of the radiologic technologists at clinics and the relating rules of the medical law. Therefore, it is required that the medical law should be corresponded with the actual state. To solve these problems. this study has proceeded to make the survey of the present medical law and has tried to offer the most suitable theories to the actual state. This study includes the survey of relevant professional literatures. The major contents of this study are as follows. First, medical technician is written "技士" (in Chinese character) at the present medical technician law, and that word is written wrong. So, it should be replaced with "技師". Therefore, radiologic technologist should be written "放射線師". Second, the relations between the doctor and the radiologic tecnologist should be written the "request or other words" instead of "direction". Third, in spite of the rules of the present medical law, the medical act of radiologic technologist at clinics should be belonging to the boundary of medical practice. Forth, to present the appropriate medical service to the patients, legal status of radiologic technologist as a member of medical team should be established. Fifth, it is desired that Magnetic Resonance Imaging Technology as a business of radiologic technologist should be provided for in the medical law.

• 의료법학
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• 제11권2호
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• pp.337-361
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• 2010

In the case of Korea, both of modern medicine and oriental medicine are admitted as medical practices in the system. In other words, healthcare system is dualized. However, medical practice that corresponds to oriental medicine in Korea is substitution of medical practice in cases of foreign countries. For use of medical devices, it is provided only for doctors and medical technician relevant to use. Particularly, although oriental medicine is recognized as orthodox medicine in terms of the features of Korean medical system, superintendency of oriental doctors is not identical with that of doctors for use of medical devices and superintendency toward medical technicians. Recently, Cheongju District Court decided that superintendency of oriental doctor upon physical therapist is not acknowledged. It can be said that the judgement is opposed to the original verdict which judged that oriental doctors' employment and guidance of oriental doctors upon physical therapist is permissible. Hence this study aimed to review on domestic medical law system, which is dualized, roles of medical professionals, intent of the medical license system, provisions related to medical technician law and relevant precedents. Regulations on practices other than licensed practices by medical professionals are made because medical practices may affect on danger toward life and body of human and public health also. Therefore, the nation regulates medical professionals having licenses to perform medical practices within the range of the licenses. It is clearly prescribed that medical technicians may perform medical practices under instructions of doctors or dentists pursuant to the medical technician law. In addition, the court also judges that it is out of the license of oriental doctors if they use CT devices and limits the use of modern medical devices by oriental doctors. That is to say that it limits oriental doctors' employment of medical technicians and pursuant of oriental doctors on medical technicians as well.

• 대한치위생과학회지
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• 제1권1호
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• pp.23-36
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• 2018

This research has been conducted from June 1, 2017 to August 25, 2017 for the dental hygienists working in Busan and Gyeongnam area, to provide necessary basic data for the purpose of revision of the relating laws from the analysis of their understanding and perspective on such laws through 262 subjects' questionnaire. Its analysis of their perspectives are as follows. 1. The common characteristics of the subjects are that 40.1% of them are under 25, and their working period was under three years with the 38.9%, and as for their marital status, 70.2% were single, the final education of 80.2% were associated degrees. Their working areas are centered in Gyeongsangnam-do province with 91.2%, the workplace type is for the dental clinic with 80.2%. 2. The comparison of the view point of the medical(technician) law according to the characteristics of the research subjects differed only whether or not the completion of the education, and as a result of the comparison according to the characteristics of those subjects understanding the details of the medical(technician) law, there was a significant difference saying "the current law has clear job description" depending on the working area or "the job duty is definite" depending on the job experience and job details. As for those saying "the job duty is definite", there was also significant difference depending upon marital status, final education and work details. There was no significant difference in all characteristics from findings of the necessity of legal system according to the subjects not understanding the medical(technician) law. 3. As a result of comparing the necessity of the medical(technician) law according to the characteristics of the research subjects, it was found that all the subjects accepted the necessity of the medical law revision including the dental hygienist in the medical person. The "necessity of the professional dental hygienist system" showed a significant difference depending upon the final education and medical institution type. Among the triggering factors in its amendment, there showed significant difference in the "cooperation of other organizations" and "solution of medical law problems" only in the final education. 4. As a result of comparison of the needs of the medical(technician) law revision according to the characteristics of the research subjects, it was found that the significant traits related to the age and job details showed "Legal responsibility would be increased" when the medical law is revised, in case that "it will help broaden the job extension", there showed a significant difference in career, final education, and working institution, and job details. "Legal protection is possible" showed significant difference except the age group and working area, and "it help the system settlement" showed in the final education. There was a significant difference in career, final education, and job details that "I can regulate the education and field practice", and the same in "my status will be improved" depending upon the final education, work area, and job details. Accordingly, in this research, for the establishment of more professional and comprehensive dental health service as suggested from the demand and necessity toward the medical(technician) Law by the dental hygienists.

• The Journal of Korean Physical Therapy
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• 제8권1호
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• pp.81-89
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• 1996

This study is to make legal suggestions concerning the legal status of the physical therapists and the their clinics io Korea. This study compares the legal status of the physical therapists with that of the optical and dental technicians, and reviews the current system of the American physical therapeutic clinic. 1. Under the supervision of the doctor or dentist' in Article 1 of Law concerning the Medical Technician should be deleted or changed into 'by the request of the doctor or dentist'. A new independent law should be mode only fer the physical therapist from the general law that stipulates the legal status of other similar medical technicians. 3. The legal status of the physical therapeutic clinic should be stipulated in the regulations for the application of the law as that of the dental technician does. The modification of the medical services, the medical expences, waiting time, the easy access to the clinic of farmers, fishermen, urban laborers, and handicapped people, and the development of the area of the physical therapy.

• 디지털융복합연구
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• 제19권11호
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• pp.397-406
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• 2021

국내 의료기사 등에 관한 법률에서 의료기사는 의사 또는 치과의사의 지도 아래 업무를 행하는 것으로 되어있다. 하지만 실제 업무행태 및 국내외적 경향, 그리고 의료기사의 교육 수준을 고려한다면 전문성을 인정해주어야 한다. 이러한 전문적이고 독립적인 운영시스템은 의료기사의 자율성을 보장해주어야 하며, 법률적으로도 변화가 필요하다고 할 수 있다. 즉, 우수한 교육과정과 많은 나라에서 "요청", "협조" 등의 개념을 적용하는 시대적 요구에 따라 "지도" 보다는 "의뢰 및 처방"으로 변경이 필요하다. 이러한 변화는 시대적 요구라 할 수 있고 의료서비스의 향상, 그리고 사회적 기여를 위한 변화라고 할 수 있다.

• 대한방사선기술학회지:방사선기술과학
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• 제44권5호
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• pp.545-554
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• 2021

According to the changes of the medical environment of the times, it is necessary to discuss the issues of the doctor's medical guidance and to conduct continuous research so that alternatives can be prepared systematically. Furthermore, in order to enhance the professionalism of radiological technologists and to develop the medical technician system, the new Radiological Technologist Independent Act has been established, which contains the overall contents of the scope of work, professional qualifications, and specialized education of radiological technologists, and provides quality medical services to patients through professional procedures and treatment. In order to increase the level of medical care, the purpose, definition, mission, role, and scope of work specified in the Medical Act, Medical Service Technologists, etc. Act, the Enforcement Decree, and the Enforcement Rules were variously analyzed and new directions were presented. First, the definition of a medical technician should use a generic term so that the factors of conflict and prejudice could be resolved. Second, change the doctor's guide to doctor's prescription; and then legislate the authority to sign and write medical records after examination by radiological technologists, thereby prohibiting unlicensed technicians that seriously endanger patient safety. Third, an accurate definition of radiological technologists' roles should be established; not only selection and management of radiological technologists' work but also procedures and treatment for each radiology field should be specified to suit the current medical system. Fourth, a professional radiological technologists' qualification system and a specialized education system should be established in order to secure human resources that could provide patients trust in procedures and treatment based on professional knowledge and experience in the field of radiology. Fifth, the Education and Evaluation Institute should be operated in Korea education system to educate the professional knowledge and competency for students. In addition, it is necessary to in-depth analysis of foreign cases could be applied to the medical system and education system in Korea; it could strive to nurture systematic human resources.

• 의료법학
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• 제20권2호
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• pp.141-171
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• 2019

간호사는 의료법 상 의료인으로서 의료기관에서 진료의 보조 등의 업무를 수행한다. 의료인인 간호사는 119 구조·구급에 관한 법률에 근거 구급대원으로서 병원 전 단계 응급의료체계에서 응급환자를 대상으로 응급의료를 제공한다. 병원 전 응급의료체계에서 업무를 수행하는 간호사의 업무범위는 의료법 상 포괄적으로 규정되어 있는 업무를 판례 등을 통해 구체화되어 왔다. 반대로 응급구조사의 업무범위는 응급의료법에 의해 구체적 행위를 열거하는 방식으로 규정되어 있다. 병원 전 단계 응급의료체계에서 응급의료종사자로서 업무를 수행하는 간호사의 업무범위는 대상 환자의 긴급성, 응급의료기관으로의 이송 중이라는 점, 통신 상의 의료지도라는 특수성을 고려하여 간호사의 업무범위를 의료기관 내에서와 달리 적용하여 해석되어야 한다. 따라서 상대적으로 병원 전단계에서 간호사가 응급구조사보다 넓은 업무범위가 인정되고 이것이 정책목표에도 부합된다.

• 한국방사선학회논문지
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• 제15권5호
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• pp.761-770
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• 2021

의사의 지도권과 고용권의 남용됨에 따라 직종 간의 독립적인 관계 확립을 위해 각 의사 및 의료기사 단체들의 입장과 일본, 미국, 영국의 교육제도 및 법령을 통해 '지도' 문구 및 의료기사 단독법의 분석을 토대로 국민 보건 향상을 도모하고자 한다. 관련 이해 집단 간의 주요 입장 차이를 분석하였으며, 1963년 이후 발의된 국회 의안 발의 및 판례를 분석하고 선진국의 법과 비교 분석하였다. OECD 회원국 중 우리나라를 제외한 26개국이 의료기사 단독법이 제정된 상황이며, 지도와 감독의 의미는 나라마다 상이하다. 의료기사법 등은 8개 의료기사등의 법을 전부 대변해 주기에는 20세기의 법으로는 시대적 흐름과 상황을 적용하기 부적합하며, 보건의료체계는 전문성, 다양성, 국제화 추세와 발맞춰 나아가야 하며, 더불어 의사의 지배권 아래에 있는 지도 및 감독의 문구를 미래지향적 수평적 관점에서 변화가 불가피할 것으로 사료된다.