• 한국치위생학회지
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• 제17권2호
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• pp.295-305
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• 2017

Objectives: This study was performed to provide a reference base to establish foundation for education about dental hygienist-related medical law and introduction of the system. Methods: A survey was conducted on 210 dental hygienists working at a dental clinic/ hospital in Jeollado. Data were analysed through chi-square test, one-way ANOVA, independent t-test, and Pearson's correlation analysis using SPSS 21.0 program. The study instruments included general characteristics of the subjects, knowledge on laws related to dental hygiene, attitude towards dental hygienist-related medical laws, level of understanding of medical related laws, and medical dispute educational hours. Results: The knowledge of dental hygienist-related medical law was high in dental hygienists aged 25 years and younger and with less than 3 years of clinical experience (p<0.05). The attitude towards the law was low in age of younger than 25 years, a three year college degree, a job position as a staff member, more than 5 years of work experience at present work place, and less than 3 years of clinical experience (p<0.05). Understanding of medical related laws was high in clinical staff members and with less than 3 years of clinical experience (p<0.05). Educational needs for medical dispute prevention was high in a job position as a staff member, low level of attitude towards dental hygienist-related medical law, and no attainment of education on medical dispute (p<0.05). Conclusions: The above results demonstrate that education and public relations about laws related with dental hygiene practice are essential. It is imperative to establish a systematic and bureaucratic legal system to prevent dental malpractice.

• 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.

• 한국응급구조학회지
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• 제23권3호
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• pp.53-65
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• 2019

Purpose: This study aimed to assess the awareness of good Samaritan law and attitude toward basic life support (BLS) of university students. Methods: A 29-item questionnaire survey was conducted among 147 students in A university. The participants were freshmen and sophomores who had received cardiopulmonary resuscitation (CPR) training in middle or high school. Statistical analysis was carried out using SPSS 21.0. Results: The majority (85%) of the participants knew about the good Samaritan clause in the Emergency Medical Service Act, but only about half (58.5%) knew about the Non-rescuer Act. Almost all of the patients said they would administer CPR to patients and showed a positive attitude toward BLS (3.74±0.40). Conclusion: Greater help attitude was exhibited by those who knew the good Samaritan law. These findings suggested that such education may increase their likelihood or helping in emergencies.

• 의료법학
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• 제22권4호
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• pp.185-210
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• 2021

2021년 9월 24일 전신마취 등 의식이 없는 환자를 수술하는 의료기관의 수술실 내 CCTV 설치 의무화 조항(의료법 제38조의2)이 공포되었다. 개정된 「의료법」은 수술실 내에서 발생할 수 있는 불법행위를 효과적으로 예방하고, 의료분쟁 발생 시 적정한 해결 도모를 목적으로 한다. 이로 인해 2023년 9월 25일까지 전신마취 등 의식이 없는 상태의 환자를 수술하는 의료기관은 수술실 내 CCTV를 의무적으로 설치해야 하고, 의료인의 동의 여부에 관계없이 환자와 환자 보호자의 요청만으로도 수술장면을 촬영해야 한다. 해당 법안은 기본권 침해 최소를 위한 입법 장치를 법률에 규정하지 않고 하위법령에 위임하였다(제38조의2 제10항). 정보주체의 기본권 침해를 최소화하기 위한 가장 현실적인 정책방안은 구체적인 규정을 마련하는 것이다. 이에 본 논문에서는 수술실 내 CCTV 설치 의무화 법안의 입법 배경과 개정안의 주요 내용을 살펴보고, 주요 쟁점을 분석함으로써 하위법령 마련 시 검토되어야 할 사안을 제안하였다. 수술실 내 촬영 대상인 정보주체의 기본권 침해 최소화 원칙 준수를 기준으로 촬영 요건, 촬영 거부 정당화 사유, CCTV 설치 위치, 촬영 범위·대상, 영상정보 안전 조치 의무와 처벌의 적절성 등을 검토하였다. 수술실 내 CCTV의 정보주체는 수술에 참여하는 보건의료인과 환자일 것으로 이들의 개인정보자기결정권, 인격권, 인권 등의 침해를 최소화하면서 설치 의무화법의 목적이 달성될 수 있도록 하위법령 마련 시 고려되어야 할 사안을 제안하였다. 본 논문이 하위법령 논의 시 검토되어 정보주체의 기본권 침해 최소화 방안 마련에 기여할 수 있기를 기대한다.

• 의료법학
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• 제22권2호
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• pp.81-109
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• 2021

본 논문에서는 민법전에 의료계약에 관한 규정을 신설하기 위한 논의의 과정에서 의료관련 법률의 진료거부금지 규정과 의료계약에서 계약자유의 원칙의 관계를 검토하였다. 그 내용은 다음과 같다. 의료법의 진료거부금지 규정이 의료계약 체약의 자유를 제한하는 것은 아니다. 환자의 요청에 따른 진료개시와 진료개시 후 의학적 판단에 기초한 의료내용의 결정과 진료비에 대한 협의 하에 체결되는 의료계약의 성립은 구별된다. 반면 진료거부금지 규정으로 의료계약 해지의 자유는 제한된다. 의료계약은 전문가인 의료인과 자신의 생명·신체에 대한 처분을 전문가에게 맡긴 환자의 신뢰에 기초한 것이기 때문에 신뢰가 깨지면 계약을 해지할 수 있을 것이다. 그러나 계약의 해지로 환자의 생명·신체에 불이익을 주어서는 안 되기 때문에, 의료계약의 해지에는 일정한 제한을 두어야 할 것이다. 의료계약의 체약을 강제하고 정당한 사유가 있는 때에만 계약을 해지할 수 있도록 하는 것이 현재 의료법의 태도이다. 민법전의 의료계약에 관한 규정에서는 의료계약 해지의 자유를 인정하되, 일정한 경우에 계약의 해지를 제한하는 방향을 제시하였다. 계약의 해지를 위한 정당한 사유가 인정되고, 환자가 다른 의료인으로부터 진료를 받을 수 없는 등 불리한 시기가 아닌 경우에 계약의 해지를 인정한다. 의료법의 진료거부금지의무 위반에 대한 처벌규정을 삭제하고, 계약법의 문제로 옮겨와야 할 것이다. 진료를 거부한 행위 자체에 대해서는 국민건강보험법의 요양급여거절의무에 따른 행정제재로 규율하여야 할 것이다.

• 생물정신의학
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• 제30권1호
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• pp.7-16
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• 2023

Objectives This study aimed to review the Korean Constitution articles 14 and 20 of the "Law on suicide prevention" and investigate public perceptions of specific improvements to suicide prevention policies using results from the Korean 2018 National Survey on Suicide. Methods The questionnaire was designed to analyzing the act restricts sharing of patient information between hospitals, making it difficult to track suicide attempts. The questionnaire was also designed to suggest further medical and normative criteria for objective judgment of continuous follow-up utilizing suicide risk evaluations and proportional principle review that consider patients' and medical staff's basic rights. Results This study identified the result of the 1500 respondents, 79.1% believed that Korea should allow suicide prevention management to be implemented without requiring individual consent to protect suicide attempters. Conclusions According the results, I propose the following criteria for policy improvement: use of anonymized information and non-profit research for technical and ethical considerations, access to medical information only for therapeutic purposes, and use of surgical severity assessment criteria appropriate for Korea.

• 의료법학
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• 제8권1호
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• pp.179-211
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• 2007

To succeed the claim of medical malpractice litigation, the patient as a plaintiff should establish the medical fault of a physician as a defendant, and the causation between the fault and damages. Because of the extraordinary nature of medical province, however, this application of a legal principles is rigorous with the patient. In addition, given the causation between the validation of physician's fault and damage is not attested, patient is not awarded anything. In order to overcome a difficulty of patient's verification and ensure the right to fair process, it was demonstrated the lightening of burden of proof in medical malpractice litigation and the acceptance of the responsibility for an illegal act in a prescribed range in the absence of the causation between the physician's fault and damage. This paper deals with the judgement of causation and burden of proof in medical malpractice litigation, and the acceptance of responsibility in the absence of the causation between the physician's fault and damage. Also, this study recommends a tendency of our precedent through the comparative case method of ours and Japan.

• 의료법학
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• 제8권1호
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• pp.215-234
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• 2007

The mission of the doctors is to take care of human life, body and health through the medical behaviors such as diagnosis and treatment. Under this job propensity, the doctors have care duty to take the best actions required to prevent the risk according to the patients' specific disease status. Such care duty of the doctor may be evaluated based on the medical behavior level at the medical institution and clinical medical study field. Such medical level should be understood in the normative level, considering the treatment environment, condition and specialty of the behavior, because it means the medical common sense known and acknowledged to the normal doctors. While the criminal suit requires the evidence for no doubt conviction, the civil suit requires more eased different standard. The results between the criminal and civil sentence may be different, because the confirmed former case may lead to long-term imprisonment and even death penalty, while the latter case puts only monetary penalty on the defeated party.

• 의료법학
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• 제10권1호
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• pp.389-420
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• 2009

Main Issue of Supreme Court Decision 2005Da16713 Delivered on June 24, 2005 is about the duty of medical care in the interhospital transfer of patients. According to the above Supreme Court Decision, in the interhospital transfer of patients, the decision to transfer should make from the aspect of medical treatment. The hospitals and doctors keep the duty of medical care. In addition to the duty for hospitals/doctors to check the capacity and availability of the hospital to which the patient is transferred, there are also duties to inform about emergency medical service and to sufficiently explain the need for the transfer, the medical conditions of the patient to be transferred and the hospital from which the patient is transferred. The hospital to which the patient is transferred must be thoroughly informed about matters such as the patient's conditions, the treatment the patient was given and reasons for transfer. including information upon referral, completeness of medical records, patient monitoring and so on. The interhospital transfer requires the consent of doctor belonging to the hospital to which the patient is transferred after the consideration of capacity and availability of the hospital and the informed consent of patients or legal representatives.

• 의료법학
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• 제14권1호
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• pp.303-354
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• 2013

In 2012, the major jurisdictions regarding medical cases caused the controversial issues towards medical and legal fields by getting the judgments from the Supreme Court, which admitted the exceptional admissibility on discretionary grant. By regarding the serial negligence of medical organizations as a separate tort, the sentences which made up irrationality, were spoken by the court. As a result, if the treatment was made, which did not follow the entered matters in medical documents attached, the court announced the jurisdiction that presumes the negligence, which provided the evidence of negligence; on the other hand, this gave had the burden to medical branch to take great care for medicinal treatment. To be applicable for the Principle of Trust, the doctors have to give and take the necessary information for the treatment process and symptom decisions, which also commented in the court. Thus, this case made it difficult to apply the Principle of Trust and considered all the conditions as tough ones, which eventually induced lesser faults for patients' care. Moreover, the court confirmed that the medical ads sending the emails to the members belong to the internet portal sites, are not the inducing behavior by considering that the actions are only medical ads. Furthermore, in the case of Namsu Kim, the court's interpretation was rather limited the definition for medical practice that announced limited Erweiterung der Strafbarkeit cases by lower courts. As a consequence, it is very interesting whether the Supreme Court may change their position and concerning the duty of explanation, the trend to expand the contents and scopes for the duty of explanation continues by admitting instruction explanation obligation and all the compensations and so on.