• The Korean Society of Law and Medicine
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• v.15 no.1
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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.

• Journal of Korean Medical classics
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• v.35 no.1
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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.

• The Korean Society of Law and Medicine
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• v.11 no.2
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• pp.75-112
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• 2010

This article analyses the concept of medicine in the legal context. It is not easy to define the concept of medicine because medical practice has various dimensions and the situation in which the practice is performed has a broad variety. The duty of medical law is to build the boundary of protection in that the nature of medicine would not be distorted by the factors of social systems like industry or governmental authorities. Without understanding the various dimensions - especially the dimension of Humanities and Sociology - of the medicine it is not possible to draw the limit on the performance of medicine appropriately. Concerning the medical practice (especially in the context of the regulation of medical licence), the enacted law (Medical Act) defines the concept just for form's sake and it finally depends on the interpretation of the legal enforcement authorities. Moreover, between the judgments of the courts there exists no coherent principles for the regulation and the interpretation of the Medical Act depends often on the riskiness, the abstract concept, which finally leads the interpretation to depend on the subject of the practice. On the contrary, the development and scientific movement of the technology tends to tighten the range of the medical professionals of medical practice and the perspectives of the medicine. Medical act is actually oriented at the patient's understanding of him- or herself. The above-mentioned tendency of the interpretation and the legal policy could lead the medicine away from its nature.

• The Korean Society of Law and Medicine
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• v.7 no.2
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• pp.331-364
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• 2006

Medical supplies have contradiction of efficacy and side effect to the various diseases together. Therefore, people have tried to reduce the side effects and also provide various methods to cope with any damages from the medicine quickly. In the case of accidents by medical supplies, the victim can be protected with advantage by the Product Liability Law rather than the Torts. The limit of Product Liability Law's application depends on whether medical supplies belong to the product or not. According to Product Liability Law, the product should be processed. Therefore, medical supplied should be processed to be the category of product. It can be said that the medical supplies in pharmacy, Chinese medicine, medical herbs, biological medicine manufactures, blood manufactured medicine, cord blood, hemopoietic progenitior cell and stem cell belongs to the manufactured products. The mixture by the prescription of doctor or preparation of pharmacist can be recognized as the product because prescription or preparation is a manufacturing act. Therefore, applying Product Liability Law to manufacturer, doctor or pharmacist would achieve the goal which is protecting the victims extensively.

• Korea Journal of Hospital Management
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• v.1 no.1
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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.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.47-79
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• 2019

The Korean Society of Law and Medicine has faithfully played the role of professional academic organizations last 20 years in terms of academic activities, accumulated achievements, diversity, professionalism, and influence on academic circles. The Korean Society of Law and Medicine and the Journal of Medical Law serve as a platform for academic information and exchange of opinions on medical law. Medical law began in the midst of increasing conflicts and disputes caused by medical malpractice and the enactment and legal coercion of medical care as pressure on medical workers. It tried to find a way to coexist with each other through the encounter and convergence of medicine and law. Medical criminal law extends from traditional crimes in the realm of life and body protection to bioethics violations caused by the development of biomedical technology, corruption and economic crime in the medical field. Medical law has evolved into a comprehensive legal area dealing with legal issues raised in medical treatment, healthcare, bioethics, and life sciences technology. On the legal side, medical law is not independent legal areas. It is overlapping with traditional law areas such as civil law, administrative law, criminal law, social law, civil and criminal procedure law. However, it is now established as a convergence study in medicine, bioethics, life science, as well as in various fields of law. It has become an area where collaboration is needed with the field of law, medicine, ethics, sociology and economics. Medical criminal law has undergone a dynamic development over the last two decades. The development of medicine and medical technology provides new and innovative methods of diagnosis and treatment. The achievements and risks of revolutionary developments in biotechnology, genetic engineering and medicine coexist. While there is a dazzling achievement that mankind has hoped for: combating disease and improving health, it also creates unwanted side effects and risks to humans. There is a need to reconsider ethical and legal principles. The discovery and development of patient identity and autonomy has changed the medical doctor-patient relationship. Furthermore, it was complicated by the triangle relationship of patients, medical doctors and insurance. Legal matters are also complicated. This is why the necessity of legislation is emerging. Criminal punishment provisions are also required. The Medical Law and Biomedical Law are systematically and coherently deformed as mosaic-based legislation that takes place whenever there are social issues, citizens' needs, and medical organizations' interests, rather than sufficient enactment and revision procedures. It needs a complete overhaul, and this is possible through interdisciplinary collaboration which is the strength of The Korean Society of Law and Medicine.

• Journal of Society of Preventive Korean Medicine
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• v.23 no.1
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• pp.15-26
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• 2019

Background and Aim : Health care and cosmetics as well as quality of life is now a matter of concern and many categories of complementary and alternative medicine fall into the territory of the medical practice of Korean medicine. Accordingly, penalties are being taken for unlicensed medical practices of Korean medicine in so called complementary and alternative medicine area. There is a possibility of violating the law for the public part because it is not clearly stipulated in the law as to what is a licensed medical practice. Materials and Method : The significance of the Medical Service Act and the Act on Special Measures for the Control of Public Health Crimes were reviewed, and the related supreme court cases were discussed upon the legal aspect of processing the unlicensed medical practice of Korean medicine. The legal information was provided from the National Law Information Center of the Ministry of Government Legislation, and the information websites of the Supreme Court and the Constitutional Court. Results : The concept of medical practice, which is essential in judging the case of unlicensed medical practice, is 'prevention and treatment of diseases through diagnosis, examination, prescribing, medication, or surgical procedures based on medical expertise', and the 'acts that may result in harm and injury of health unless performed by a medical person'. With respect to the medical practice of Korean medicine, the concept includes 'prevention and treatment of diseases using the principle of traditional Korean Medicine'. Conclusions : The concept of medical practice should be clearly stipulated in the law for the control over the unlicensed medical practices of Korean medicine. And it is important to move from the current concept of medical person-oriented medical practice emerging from the national system of healthcare control, to a concept that can accept the era of health managing-oriented medical environment and the co-governance of the healthcare providers and consumers for the future.

• The Korean Society of Law and Medicine
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• v.8 no.2
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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.

• 대한예방의학회:학술대회논문집
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• 2001.10a
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• pp.363-364
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• 2001

• The Korean Society of Law and Medicine
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• v.11 no.2
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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.