• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.139-171
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• 2018

The 「Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes」(hereinafter referred to as 'the Act on Mediation of Medical Disputes') provides that the state should compensate the victims of medical accidents occurred irresistibly in childbirth despite that health and medical service personnel fulfilled their duty of care for their damage within the range of its budget(Article 46 of the Act on Mediation of Medical Disputes). Given that victims of medical accidents could expect demage recovery only through lawsuits thus far, this act can be said to be a groundbreaking act. However, However, as 30% of the costs for such medical accident compensation projects are borne by those who have records of childbirth among the founders of health and medical institutions (Article 21 of the Act on Mediation of Medical Disputes), there has been a question about whether doctors are held responsible despite that the accidents such as the deaths of mothers and newborn babies occurred irresistibly without doctors' fault. However, recently, the Constitutional Court ruled that 'the range of founders of health and medical institutions' and 'share ratios of finances for compensation' in Article 46 (3) of the Act on Mediation of Medical Disputes' related to the imposition of the share of costs are institutional (Constitutional Court ruling dated April 26, 2018, 2015Heonga13, hereinafter referred to as 'the ruling in the case'). Although the ruling in the case was made based on only the principle of statutory reservation and the principle of ban on comprehensive authorization, this paper added a practical judgment. This paper proved that the share of costs in this case has the nature of burden charges in pursuit of study and does not infringe on the property rights of the founders of health medical institutions even in light of the principle of proportionality because there is a legitimate reason for imposing the burden charge. The imposition of the share of costs in the system for compensation for medical accidents occurred irresistibly is against the principle of liability with fault in part. However, the medical accident compensation projects are rational a national policy for the victims of medical accidents and the medical world clearly gains some benefits from the effect to terminate medical disputes. The expansion of finances for compensation through the payments of the share of costs will reduce the suffering and misunderstanding of victims of medical accidents occurred in the process of childbirth and will be very helpful to the construction of stable treatment environments of medical workers by quickly establishing the medical accident compensation projects as such.

• Korean Security Journal
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• no.10
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• pp.355-385
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• 2005

As the system of autonomous police that has been debated for long time is fixed to be introduced by the program of participatory government, this treatise intends to analyze main contents and review controversial items in order to present supplementary measures. The program of participatory government to introduce autonomous police in Korea focuses on converting the autonomous police of Korea from centralized police administration in order to provide 'customized security service' that is appropriate to the regional environment. Thus, if relevant city, county or district considers that it is required to introduce the system autonomous police, the assembly may enforce the decision by enacting ordinance. For enforcement, organization in the unit of section will be established in the line of mayor, county headman and district office. The main role will be security service that is closely related to the life of inhabitants such as crime prevention, patrol, traffic crackdown, etc. as well as public health, sanitation and environmental control which are being performed by autonomous organization at present. However some expected controversial items may be summarized in the following 3 points on the premise of accepting the program of government. First, the point at issue related to the basic function of police. The basic function of police is generally understood as order keeping function such as anterior and preventive job and law enforcing function such as posterior and suppressing job. By the way, the program of government does not endow the autonomous police with investigation right for general crime, thereby raising the controversy that our autonomous police is nothing but the assistant of police. Furthermore, the present national police also expresses its dissatisfaction to the transfer of authority. Second, the issue of balance of security service between self-governing bodies may be raised. The security environment is different between self-governing bodies and thus demand of security is different. Therefore, the security service of autonomous police will reveal difference in qualitative aspect for each self-governing body. Moreover, it can be easily anticipated that the quality of security service may be different as per the financial independence degree. Third, the point at issue anticipated with the operation funded by the budget of self-governing body. As autonomous police is operated by the budget of self-governing body, the following problems may be raised; (1) since police administration is subordinated to general administration, the concentration may be weakened (2) the cooperation between policy agencies may be impeded (3) owing to the difficult in possessing spare police, the mobility of police may be somewhat reduced.