• 의료법학
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• 제15권1호
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• pp.11-34
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• 2014

Promulgation of the medical practice rule without specific definition in Medical Law has brought about many constitutional issues. The major issue is that the law has the government punish unlicensed medical practice without defining what it is. Instead, the law chooses a license-centered structure of criminal punishment for medical malpractice, saying "no one can practice medicine without the government-approved license." This regulation violates the rule of "void for vagueness" based on the principle of "nulla poena nullum crimen sine lege." Judicial interpretation should be required for a citizen to understand the Medical Law provision intuitively. In addition, the law infringes upon the freedom of occupation of the unlicensed and the licensed who wish to extend his or her practice area for "holistic medicine." The central issue of the law is that it was established under no ground of professionalism even though medical practice has been understood professional. The government has centrally controlled the medical field for its needs. Lastly, the current law violates the right of medical selection of the consumers of medicine. Because patients have the right of health and life, they have to hold the latitude of selection for medical treatments. Especially, they should have an opportunity for considering the Complementary and Alternative Medicine if they want. But under the current rules, this medicine is not permitted. To correct those problems, a new provision for the definition of medical practice should be adopted at once.

• 의료법학
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• 제11권1호
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• pp.243-270
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• 2010

Under the existing law, an act included in medical practice by medical personnel seems to be irrelevant to whether the act concerned in the "Life World" is in the category of medical practice. In spite of the act having been done according to the custom for a long time, and generally done by individuals in the "Life World", these kinds of acts have been banned by law, because if these acts were done by the general individuals, it would be considered as harmful behavior to human life and body. And it is not sure that individuals know such a ban or notification. This cause a "Mistake of Law". Also it is happened if someone knows the existence of law but believes that his/her act is not included. For treating the problem of "Mistake of Law" of unlicensed medical act, in this study I inquired thoroughly into the category and regulation of unlicensed medical act, uncertainty of the Medical Services Law the first Section of Article 27, the prohibition of unlicensed medical act. The "Composition Condition" of the first Section of Article 27 of the Medical Services Law is not certain, it doesn't meet the "Doctrine of Clearance", and it cause the "Mistake of Law". Also it doesn't meet standardization of constitutional state. An exceptional decision of Pusan District Court, the debate about unlicensed medical practice, constitutional decision on unlicensed medical practice of the Constitutional Court of Republic of Korea and point of view of support of regulation. Also I examined the problem of "Mistake of Law" that the regulation of unlicensed medical practice has. I tried to solve uncertainty of "Composition Condition" and proposed a direction of regulation for solving the "Mistake of Law" and the use of existing law.

• 의료법학
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• 제8권2호
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• pp.291-328
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• 2007

Under the present law, a medical corporation has the legalistic character of a noncommercial corporation and its commerciality is restricted by public service. In a recent precedent, however, a judgment has considered the service part in medical practice. The tendency of a precedent is that both commerciality of a medical institution and medical corporation are allowed to be pursued under fundamental order-observance. This change is found in china and india, which consider a medical service as national industry. In the case of ours, the now government demonstrate the industrialization or the market of medical service through promotion of commerciality of a medical corporation. This paper deal with the meaning of a medical corporation and the present condition of medical market under the present law and recommends a tendency of law policy through study of foreign's and our precedent for commerciality of medical advertisement and medical corporation.

• 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.

• 보건행정학회지
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• 제5권1호
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• pp.106-131
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• 1995

Nowadays there are a lot of medical accidents and medical disputes in Korea. Our government has made efforts to legislate The Medical Disputes Conciliation Law for several years. But this law has many problems. These problems are followings. 1. the problem of going certainly through compulsory screening panels before coming to court. 2. the possibility in making the impartial screening panels for malpractice claims 3. the utilization of a mutual aid association to have low efficiency in paying for damages by medical malpractice and so on. To resolve medical disputes rapidly, we must legislate The Medical Disputes Conciliation Law in a short time. However, all medical disputes are not rationally dissolved by only this law, The Medical Lsw(Arztrecht) is needed to improve the solubility of medical disputes through setting up the decision criteria.

• 의료법학
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• 제20권3호
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• pp.47-79
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• 2019

대한의료법학회는 지난 20년 동안 의료법 관련 학회의 향도로서, 학술활동과 그 축적된 업적, 그리고 학회 회원 구성의 다양성 및 전문성, 학계에 미치는 영향력 면에서 전문학술단체의 역할을 충실히 수행해 왔다. 대한의료법학회의 활동과 학술지 『의료법학』은 의료법학 관련 학술정보 및 의견교류의 플랫폼으로 기능하고 있다. 의료과오로 인한 갈등과 분쟁이 잦아지고 증가하는 상황, 의료에 대한 법제화와 법적 강제가 의료인을 직업수행에 압박으로 다가오는 상황 속에서 『의료법학』은 시작되었다. 의학과 법학의 조우와 융합을 통해서 서로 상생하는 방안을 찾고자 노력했던 것이다. 의료형법은 생명 및 신체보호의 영역에서 발생하는 전통적인 범죄에서 더 나아가 생명의료기술의 발전에 따른 생명윤리위반 행위와 의료영역에서의 부패 및 경제범죄 등으로 넓어지고 있다. 의료법학은 의료, 보건, 생명윤리, 생명과학기술 등에서 제기되는 법적 문제를 다루는 포괄적 법영역으로 발전하였다. 법적인 측면에서 보면 민법, 행정법, 형법, 사회법, 민·형사소송법 등 전통적인 법영역이 독립적이거나 중첩적으로 관련된 영역으로서 독자적인 법영역은 아니다. 그러나 이제는 법학 내에서의 여러 분야뿐만 아니라 의학, 생명윤리, 생명과학 등과의 융합법학으로서 자리하게 되었다. 법학, 의학, 윤리학, 사회학, 경제학 등 협업이 필요한 영역이 되었다. 의료형법은 지난 20년간 역동적인 발전을 거듭했다. 의학과 의료기술발전에 따라 새롭고 혁신적인 진단 및 치료방법을 제공하고 있다. 생명공학·유전공학과 의학의 혁명적 발전이 가져온 성과와 위험은 병존한다. 질병퇴치와 건강개선이라는 인류가 바라던 눈부신 성과가 있는 반면 원치 않은 부수적 효과와 인간에 대한 위험이 야기된다. 윤리적 및 법적 원칙들을 재고해야 할 필요성이 대두된다. 환자의 주체성과 자율성의 발견과 발전은 의사와 환자의 관계를 변화시켰다. 더 나아가 환자·의사·보험이라는 삼각관계로 법적인 문제도 복잡해진 것이다. 법제화의 필요성이 대두되는 이유다. 형사처벌 규정도 필요하다. 의료법 및 (생명)의료관계법령은 충분한 제·개정절차가 진행되기보다는 사회적 이슈와 시민의 요구, 의료인 등 이익단체의 요구가 있을 때마다 행해지는 모자이크식 입법으로 체계성과 정합성이 흠결되어 있다. 재정비가 필요한 부분인데, 이것이야말로 학회의 장점인 학제 간 협업으로 가능한 일이다.

• 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.

• 대한예방의학회:학술대회논문집
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• 대한예방의학회 2001년도 제53차 추계 학술대회 연제집
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• pp.363-364
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• 2001

• 대한한의학원전학회지
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• 제35권1호
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• pp.103-116
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• 2022

Objectives : To look at the medical law reformation of Korean Medicine hospitals through the establishment and management of the Jaehan Oriental Medicine Hospital, which was the first Korean Medicine Hospital in South Korea. Methods : Revisions of the medical law since the establishment of the National Medical Act in 1951 up until 1973 when the 'Korean Medicine hospital' first entered the medical institution category were examined. Based on the revised contents, the establishment and management of the Jaehan hospital were examined. Results & Conclusions : The first mentioning of 'Korean Medicine hospital' in the medical law took place on Feb 16, 1973 when the medical law was completely revised. After law regulations on Korean Medicine hospitals were established, the fist Korean Medicine hospital was founded on Nov. 24th, 1973 according to act 2533 of the medical law. This is the Jaehan Oriental Medicine Hospital, which is the predecessor of what we now know as the Daegu Korean Medicine University Hospital. Although the Jaehan hospital was registered as a legitimate Korean Medicine hospital in November of 1973, it had already started medical practice in December of 1970. While it was established according to the standards of medical law, it changed its institution category from 'Korean Medicine hospital' to 'affiliated Korean Medicine clinic' based on another clause within the same law. The decade from 1960 to 1970 was a time when national economy was developing, and the field of medicine and medical institutions were also booming. As such, revisions in the medical law seems to not have been able to keep up with what was happening in reality. To meet the patients' right to move or to manage diseases which Korean Medicine was taking responsibility for, a medical institution with inpatient capacity was required. Therefore it is possible that the Jaehan hospital which had already been providing such a role could have been a sample case for reference in the medical law revision process.

• 의료법학
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• 제15권1호
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• pp.59-80
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• 2014

The Medical Affairs Law regulates that Medical Doctor and Korean Medical Doctor(KMD) can practice in the boundary of each licence. But there is no clear provision to explain what practice in the boundary of MD's permitted region and what is KMD's. Moreover practice over the boundary of licence could be punished as a violation of the Law. KMD's use of medical devices have been objects of legal conflicts in the field. Because there is no clear provision in the Law, judical precedents have played the role as practical and final regulations. In this study, analyses on some judical precedents could show some rationales whether an issued KMD's use of medical devices is in the boundary of license. The courts considered the theories based on the practice, the level of required specialty and education, and the probability of danger to a patient. The judical precedents should be reviewed more precisely in the respects that it is adaptable in "the written law system"and it is desirable to divide boundaries between MD's and KMD's.