• The Korean Society of Law and Medicine
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• v.17 no.1
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• pp.3-43
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• 2016

The North Korean medical laws are consisted of 'People's Health Act' and 'Medical Act' in the peak of the North Korean constitutional law. Before the legislation of 'People's Health Act', a number of medical laws and regulations existed. But, at present, there is no information about its amendment and effectiveness. 'People's Health Act' legislated in 1980 declared fundamental principles and policies of the North Korean health care system. 'Medical Act' legislated in 1997 is the basic law among the North Korean medical laws. It presented the goals and fundamental principles of the North Korean health care, and then regulated the basics about 'Tests and Diagnosis', 'Medical Treatment', and 'Medical Appraisal'. 'Medical Act' of North Korea was established later than South Korea, and its provisions is smaller in number. And there are lots of abstract and declaratory provisions compare with South Korean 'Medical Act'. Especially there is no provision about the kind and requirements of medical personnel and medical institutions, so it is hard to grasp the North Korean health care system at once. Regarding the medical treatment, there are many similar contents between the North and South Korean 'Medical Act'. But, the provisions, such as regarding mixing the new medicine and the korean traditional medicine, encouraging natural therapies in medical treatment, and informing the patient's protector of bad diagnostic result if there is concern to have a bad influence on patient, are different from the South Korean 'Medical Act'.

• The Journal of the Korea Contents Association
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• v.15 no.1
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• pp.152-158
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• 2015

The Korean Government said that it issued advance notice of the amendment of medical act article 34 on Oct. 29 of last year. Another issue at the heart of controversy in 2009 was telemedicine between doctors and patients for the purpose of helping those in the dead zone of medicine and supporting medical service industry. It failed, however, to enact legislation due to the strong opposition from medical profession as well as the apprehension about abuse of medical treatment and the rise of medical expenses. To amend and legislate a law, it is needed in advance to examine and analyze the rationality, propriety and feasibility of it. In particular, when it comes to amending a medical act, the validity should be acknowledged only when the right to life and health of the people is protected. Medical act article 34 is in the state of drift because of stiff resistance from medical and civic groups. This study purpose of analyze and to explain the amendment of recent proposition of Medical Act Article 34 and to suggest possible improvement methods.

• Journal of the Korean hospital association
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• v.25 no.10 s.238
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• pp.45-61
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• 1996

일본의료법의 기본적인 내용은 1948년 제정 당시 그대로 이어서 인구의 고령화,질병구조의 변화,의학기술의 진보에 충분히 대응할수 없다는 문제점이 지적되어 왔다. 이에따라 1985년 의료계획의 창설을 골자로 하는 제1차 개정이 행하여 졌다. 이 개정은 의료공급체제 개혁에의 제1보로써 제1차 개정이라고 불려지고 1992년 행해진 제2차개정은 이에 계속된 제도개혁으로 지금까지 전혀 손대지 않았던 의료시설 기능의 세분화와 체계화에 깊이 손을 댄것으로써 앞으로의 병의원 경영에 있어서 커다란 전화점이 될 것이다. 제2차 개정의 목적은 양질의 의료를 효율적으로 제공하는 의료공급 체제의 확보에 있다. 개정의 주요 포인트는 특정기능 병원과 요양형병상군의 제도화이다. 지금까지 병원이라고 하면 모두 똑같은 체제이었으나 제2차 의료법의 개정으로 병원의 기능에 적합한 인원과 구조설비를 갖추는 것이 가능하게 되었다. 이번호에서는 1992년 4월 개정된 의료법의 내용과 배경을 설명하고 의료법 개정에 즈음하여 행해진 진료수가의 개정내용을 설명한 후에 차기 의료법 개정의 방향을 전망해 본다

• Journal of the Korean Society of Radiology
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• v.16 no.5
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• pp.627-637
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• 2022

The purpose of this study is to comply with the operation and management of medical image information in PACS, the necessity of anonymizing the patient's personal information and the management status of the medical image information related to the personal The purpose of this study was to raise, discuss, and suggest the need for unification and coherence of the law by studying the content of the issues related to information related laws. In order to utilize information related to medical image information, it is necessary to unify the "Medical Act" or the "Bioethics Act" for clear legal application and consider the legal system's consistency. Since there is a possibility of conflict due to issues that are not yet established, systematic coherence of the law is required to find the basic common denominator for the utilization and use of medical image information and to harmonize the law. In addition, the necessity of enacting the "Medical Information Protection Act" that can be practically applied and easily practiced by medical personnel and managers in the clinical field so that sensitive matters of medical image information and personal information can be protected and managed in a specific and systematic way.

• The Korean Society of Law and Medicine
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• v.22 no.1
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• pp.3-23
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• 2021

Telemedicine is a field of medicine in which medicine doctors who are in remote distance can treat the patients using audio, video devices which can help the diagnosis. In medicine, even the face-to-face diagnosis and treatment is the traditional way, the telemedicine could provide the convenient way for the patients in long distance, disabled or anyone who want to be stay ones' home. But telemedicine has the task to maintain the quality of medical cares compare with the traditional medicine. Among the several types of telemedicine, the specific type telemedicine in which the medicine doctors examine, diagnosis and do the prescription to the remotely distanced patients could be defined tele-prescription. Under The Medical Service act, it is unclear that teleprescription could be allowed. The Medical Service Act has introduced the specific clause for the prescription. That clause includes the duty of patients who have to receive the prescriptions directly from medical doctors. Under this clause, the constitutional court had decided the tele-prescription was illegal, but the supreme court has been decided tele-prescription could be legalized under the certain circumstances. But the other supreme court decided the tele-prescription was illegal under the article 34 of presenting Medical Service Act. So to understand the interpretations of Supreme court and Constitutional court decisions for the cases of prescription via telephone, we need to understand the history and presented reasons for the revision of prescription clause and also need to understand the other related clauses in the same act. In conclusion, To consider the values of telemedicine should be the level with the ordinary treatments, It is reasonable to interpret that the presenting Medical Service Act only legalize the telemedicine between doctor to doctor and which is regulated by the telemedicine clause.

• The Korean Society of Law and Medicine
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• v.6 no.1
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• pp.153-164
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• 2005

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.295-326
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• 2015

Under the revision of medical law on February 1, 2012, health care providers are banned from opening 2 or more medical institutions and being involved in managing the institutions. However, purpose of the legislation of the revised law is unclear and even confirmation of such purpose of the legislation based on the calculation of multiple legislative backgrounds cannot be appropriate means of achieving such purposes. This article confirms and reviews the development of revision of medical law and history of the principle of 'one person-one medical institution', and legislative purpose of the revised medical law as well as examines unconstitutionality of such revision based on limited fundamental rights by the revision, principle of clarity, and principle of the prohibition of excessive restriction.

• 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.

• Proceedings of the Korean Society of Computer Information Conference
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• 2019.07a
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• pp.195-198
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• 2019

연명의료결정법의 정식 명칭은 '호스피스 완화의료 및 임종 과정에 있는 환자의 연명의료 결정에 관한 법'이다. 이 법은 호스피스 완화의료에 대한 것과 환자의 연명의료 결정에 대한 것을 규정하고 있다. 특히, 후자의 연명의료결정에 관한 부분은 법제정 과정에서 법 종교 의료 윤리 등 다양한 분야에서 논박이 있었지만 2018년 2월 4일부터 시행되고 있다. 법학에서는 이 법이 생명이라는 법익과 관련되어 있어 형사법적, 민사법적으로 중요한 의미를 갖는다. 이 법이 탄생되기 위해 두 번의 변곡점이 있었다. 첫째, 1997년 '보라매병원 사건'에서 의사를 작위에 의한 살인방조죄로 판결한 사건 둘째, 2009년 '김 할머니' 사건에서 회생할 수 없을 경우 가족 등이 진술한 환자 의사에 따라 연명 의료를 중단할 수 있다는 대법원 판결이다. 연명의료결정법은 헌법상 생명권과 자기운명결정권이라는 기본권 충돌이 발생한다. 두 기본권이 서로 상충 할 때에는 어떠한 기본권을 우선해야 하는지가 실질적으로 문제되는데, 이익형량을 통한 규범의 조화로운 해석을 통해 해결해야 한다. 또한 이 법의 흠결과 문제점을 고찰하여 개정작업이 진행되어야 한다.

• The Korean Society of Law and Medicine
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• v.5 no.1
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• pp.163-207
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• 2004