• The Korean Society of Law and Medicine
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• v.14 no.1
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• pp.237-271
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• 2013

There is the limit of the traditional legal hermeneutics and fragmentary or individual theoretical legal approach to suggest the desirable solution of Korean health care law system to have many issues. Law & politics research is the legal research method to suggest the resonable understanding and seeking the measures through various approach, decide and evaluate that the legal methods can be functioned as the optimum system design. Law & politics research has some procedure. 1. It is demanded to catalog the comparison target of legal system by its topic. 2. It is demanded to compare it with Korean situation. 3. The realistic and empirical legal research to the compared policy alternatives is needed. 4. Reflecting the results of this research work, the desirable policy idea must be adopted. 5. The accomplishment of this policy idea must be come true as a specific legislation through interest coordination. 6. This plan must be come into force and the feedback to effect of society must be examined closely. Here I will review generally the contribution of law & politics research to health care law system because of the problem of time and the insufficiency of law & politics research. The constitutional consideration is important to support the interest coordination because of the shortage of resources. The comparative law research can compare our health care system with those of other countries and seek some desirable alternatives. If we discuss the law system plan in a long time and synthetically from different perspectives, more desirable helath care law system can be deducted.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.3-35
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• 2017

The Supreme Court of Korea first admitted compensation for damages caused by breach of informed consent in 1979. From then on, specific details of informed consent are shaping up and developing through court precedents. The duty of informed consent of doctor is based on article 10 of the Constitution and medical contract, and is expressly prescribed Article 12 of Framework Act on Health and Medical Services and other acts and regulations. By the way, the regulations about duty of informed consent of doctor have been established in Medical Law revised on December 20, 2016, and the revised Medical Law will be implemented on June 21, 2017. According to the revised Medical Law, medical practices subject to description and consent are operation, blood transfusion and general anesthesia that threaten to cause serious harm to human life or to the body. When performing these medical activities, the written consent must be explained and agreed upon in advance. If a doctor violates the law, he will incur fines of less than 3 million won. Comparing and viewing the revised Medical Law and existing legal principles about the duty of informed consent, we can confirm that there is a substantial difference between the two parties. Accordingly, despite the implementation of the revised medical law, the existing legal principles are unlikely to be affected. However, from the perspective of legal uniformity and stability, it is undesirable that legal judgments on the same issues differ from each other. The revised Medical Law about informed consent needs to be reformed according to existing legal principles. And, as in the case of Germany, it is desirable to include the matters concerning informed consent in the civil code.