• 한국치위생학회지
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• 제16권5호
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• pp.677-685
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• 2016

Objectives: The purpose of the study was to investigate the basic materials required for law revision regarding dental hygienists through perceptions and opinions of legislation amendments. Methods: The study was conducted from April 23, 2016. A self-reported questionnaire was completed by 797 dental hygienists in Seoul and Gyeonggido after receiving informed consent from institutional review board (IRB No. PO1-201602-23-001). Results: Necessity for dental hygienist-related medical law revision accounted for 92.4% and 85.4% of dental hygienists replied that specialized dental hygienist system must be established. The reasons for medical law revision were as follows; roles and education of medical technicians (60.6%), settlement of medical legal problems (48.0%), cooperation with other organizations (29.0%), political negotiations (17.4%), and national consensus (9.5%). The score for 'possible to get legal protection by the system establishment of roles and work scope of dental hygienists' was 4.11 of 5 points. Conclusions: It is important to establish the job scope of dental hygienist. The revision of dental hygienist-related law will help to enhance the status of dental hygienists as professional medical technicians in the future.

• 의료법학
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• 제16권2호
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• pp.295-326
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• 2015

2012. 2. 1. 의료법이 개정되며 의료인은 2개 이상의 의료기관을 개설할 수 없을 뿐 아니라 운영에도 관여할 수 없게 되었다. 그러나 이러한 개정 법률의 입법목적이 무엇인지 불분명할 뿐 아니라 여러 제반사정을 기초로 입법목적을 확정하더라도 개정 법률이 그러한 목적을 달성하기에 적합한 수단이 되기 어렵다. 이 글에서는 의료법 개정 경과와 의료기관 1인 1개설주의의 연혁, 개정 의료법의 입법목적을 확정 검토하는 한편, 개정 의료법이 제한하는 기본권과 명확성의 원칙, 과잉금지원칙을 토대로 동 법률의 위헌성을 살펴보기로 한다.

• 한국병원경영학회지
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• 제1권1호
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• pp.56-82
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• 1996

The objectives of this research are (i) to review the legal nature of medicine & medical affairs law, (ii) to identify legal defects in terms of the adequacy and feasibility of its provisions and in terms of the structural order among related laws and acts, and (iii) to find out a rational way for revision of the law. Major findings of this research are as follows: 1) The main defects of the Medicine & Medical Affairs Law of Korea are shortcomings of provisions necessary for securing people's right as well as medical practitioner's responsibility and in adequacy to its post as a mother-law in medical fields. 2) Some provisions of the law are inconsistent with other laws and acts, especially with Health Insurance Law. 3) Medicine & Medical Affairs Law of Korea is required to be totally revised in order to keep up with situational changes and to function as a mother-law in its field. On the basis of these findings this study suggests that all the concerned parties would cooperate to renew the law into very sound feature of the mother-law in health field.

• 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.

• KIEAE Journal
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• 제17권1호
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• pp.55-61
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• 2017

Purpose : As the necessity of reinforcement of infections management in medical facilities after MERS increased, Ministry of Health and Welfare promulgated the enforcement regulations of medical law on February 3, 2017. Its main objective is to improve patients' safety and medical-care quality through the establishment of isolation facilities from infectious diseases and the set-up of standards for In-patient and ICU facilities. The purpose of this study is necessarily to propose a standardized spatial composition model for ward modules by analyzing changing environments of in-patient facilities according to the strengthened medical law. Method: Theoretical studies will be undergone of Evidence-based Designs to improve patients' safety, medical quality, and domestic/overseas in-patient room guidelines. With reference to the status of 24 general hospitals over 500 beds, the spatial compositions of the in-patient rooms and the types of multi/single bed room modules will be analyzed. The directions of future in-patient room module changes through the study of the minimum ward module types and various ward types will be presented. Result: This paper will hopefully provide guidelines for hospitalization rooms that can be applied to the revised rules of medical law enforcement and provide a basis for a comprehensive study of patients' safety and efficient infection control as well.

• 의료법학
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• 제19권2호
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• pp.235-261
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• 2018

2016년 12월 20일 신설된 「의료법」 상 설명의무 조항과 관련하여, 시행일(2017. 6. 21)이 일 년여가 지난 지금까지도 그 실효성을 둘러싼 논란이 끊이지 않고 있다. 본 연구에서는 의사 109명을 대상으로 온라인 설문조사를 실시하여 의료현장에서 의사의 설명 의무 이행/미이행 경험과 그에 대한 법적 판단을 확인하고, 「의료법」 개정이 의사의 설명 의무에 관한 법적 인식에 어떠한 영향을 주었는지 분석하고자 하였다. 연구도구는 기존의 한 연구(이윤영, 2004)에서 사용한 도구를 수정·보완하여 총 41개 문항으로 구성되었으며 설명의무에 관한 경험 및 법적 판단 관련 26개 문항, 의료법 개정에 관한 인식 관련 6개 문항, 일반적 특성 9개 문항을 포함하였다. SAS 9.4 통계프로그램을 이용하여 자료를 분석한 결과 「의료법」에 설명의무에 관한 내용이 신설되었다는 사실을 모르고 있는 응답자가 전체의 절반 이상이었으며 대부분의 응답자가 설명의무를 이행하지 못한 경험이 있는 것으로 나타났다. 설명의무의 이행 혹은 생략에 관한 13개 사례에 대해 법적 판단을 물은 결과 응답자별 평균 8개 사례에 대해 옳은 판단을 내렸으며, 옳은 판단을 내린 개수는 응답자의 「의료법」 개정 사실에 대한 인식정도와 통계적으로 유의한 관련성을 찾아볼 수 없었다. 이러한 결과에 비추어 볼 때 공법적 제재만으로는 설명의무에 대한 의사의 인식 및 이행 강화에 충분한 효과를 기대하기 어려우며, 의료체계 내부에서 의료기관의 특성과 의사의 조직문화를 고려한 공신력 있는 설명의무 가이드라인 마련과 설명의무와 그 취지에 대한 의사교육 강화를 제언하는 바이다.

• 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.

• 의료법학
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• 제23권3호
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• pp.89-115
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• 2022

본 글에서는 보건의료관련 법령 중 의료법, 응급의료에 관한 법률, 의료사고 피해구제 및 의료분쟁 조정 등에 관한 법률을 민법에 기초하여 검토하고 해석하였다. 보건의료분야는 보건의료기술의 발달에 따른 의료현장의 변화를 반영하는 여러 법률이 존재하고 그 제정이나 개정도 매우 빈번하다. 그리고 제정이나 개정의 과정에서 현장의 수요를 반영하면서 보건의료관련 법령의 양상은 매우 복잡해지고 있다. 이러한 상황에서 법을 위반하지 않으려면 상당한 주의를 기울여야만 하고, 법적용을 위해서 구체적 지침이나 유권해석을 필요로 하는 경우도 많아지고 있다. 그리고 심지어는 그 지침이나 유권해석도 민법과 모순되는 경우가 종종 발생한다. 이 글에서는 보건의료관련 법령의 조문상 오류와 해석상 민법의 사고와 모순되는 경우를 찾아내어 보건의료관련 법령의 입안과 해석, 적용에도 민법적 사고가 필요함을 확인하였다.

• 대한예방한의학회지
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• 제26권2호
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• pp.69-74
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• 2022

Objective : This study was aimed to review the Act on the Promotion of Korean Medicine and Pharmaceuticals. Method : We searched document about the Act on the Promotion of Korean Medicine and Pharmaceuticals. We used Korean Law Information Center(https://www.law.gov.kr) to find the revision of the act. Results : We looked at the current status of the revision of the Act on the Promotion of Korean Medicine and Pharmaceuticals, and the law was revised four times in total. Through the revision of the law, the definition of Korean medical practice was not only expanded, but also the establishment and role of National Institute of Korean Medicine Development were extended. Specific descriptions of Korean medicine technology will be needed in the future, and laws that are less effective should be revised and the role of National Institute of Korean Medicine Development should be further strengthened. Conclusion : For the future of Korean medicine, in-depth consideration is needed on how to foster oriental medicine.

• 대한예방의학회:학술대회논문집
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• 대한예방의학회 2000년도 제52차 추계학술대회 연제집
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• pp.248-249
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• 2000