• Journal of Arbitration Studies
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• v.26 no.4
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• pp.111-128
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• 2016

Trade between nations has been considered as exchange for material things. According to recent changes in the paradigm of global trade, trade is shifting focus on the exchange of an immaterial being. Among them, the service sector is growing fast and the health service has shown exceptional growth as the healthcare market is consistently expanding. It is also part of the global service targeting people all around the world. People visiting other countries for medical service tend to spend more money and stay longer than a traveler. For these reasons, global medical service is in the spotlight as a promising and higher value-added business. The global medical service industry has been developed around Asia, specifically Thailand, Singapore, India, etc. Compared to them, Korea has come late into the market of global healthcare and the Korean government is striving to attract foreign patients. Nevertheless, there is a lack of effort to make foreign patients visiting Korea revisit Korea. Regarding foreign patients' medical disputes, these are not yet a problem officially; however, the government cannot leave the matter as it is. Medical dispute related with foreign patients is a highly complex issue due to different languages, nationalities, cultures, etc. Particularly, Korea's medical tourism is developed with Chinese visiting Korea for plastic surgery and cosmetic procedure. Thus, the Korean medical tourism market can be crowded with a lot of minor medical agencies, so-called brokers, getting foreign patients connected to the medical institutions. Consequently, Korea has received a large number of complaints and dissatisfaction. No one can predict and know what's supposed to happen in the future. Efforts of the Korean government and medical institute attracting foreign patients could be in vain. In order to take a step forward, this paper will do research on present conditions and look for strategies of improving this industry, focusing on the part of medical agency and contributing to the improvement of the Korean medical tourism industry.

• The Journal of the Korean dental association
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• v.52 no.2
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• pp.69-74
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• 2014

Many patients have been suffering the continued hypersensitivity and pain of teeth after operative or endodontic treatment. The primary purpose of this paper is to examine the causes of the pain and the hypersensitivity of teeth, and to resolve conflicts between dentists and patients. The secondary aim of this paper is to prevent medical disputes. Evidence-based dentistry and making a good relationship with patients will reduce disputes on dental treatment.

• The Korean Society of Law and Medicine
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• v.23 no.3
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• pp.89-115
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• 2022

In this article, the Medical Act, the Emergency Medical Act, Act on remedies for injuries from medical malpractice and mediation of medical disputes were reviewed and interpreted based on the Civil Act. In the health and medical field, there are various laws that reflect changes in the medical field due to the development of health and medical technology, and their revision is very frequent. And the legislation has become very complicated. They contradict each other or require interpretation. In this situation, a person must take considerable care not to violate the law. In many cases, specific guidelines or authoritative interpretation are required to apply the law. Even guidelines and authoritative interpretations often conflict with civil law. In this article, errors in the legal text related to health care were found. In addition, it found a case that contradicts the civil law perspective in interpretation. Thus, it was confirmed that civil legal thinking was necessary to legislate, interpret, and apply health care-related laws.

• Journal of Arbitration Studies
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• v.26 no.4
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• pp.129-149
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• 2016

Medical dispute means the dispute between the hospital and the patient due to a medical accident. In general, medical accidents must be in accordance with the terms that are used in the medical dispute adjustment method stated in Article 2 (definition). In relation to this, there is a need to discuss an efficient operation scheme for Alternative Dispute Resolution (ADR) in medical disputes. In addition, it is necessary to look at issues of civil liability and criminal liability. In particular, in the consumer dispute arbitration committee, there is a case to make a "decision not to adjust" in aggressive intervention in the process of conflict resolution. The medical staff, on the basis of its "decision," can use this as a proven material for civil and criminal cases. This is rather upon the determination of the consumer council as a typical side effect to defend the user's perspective. This is the "decision" as was expressed from an order, "not adjusted." It is also determined to be easy and clearly timely. In the medical litigation, it is requesting the burden of proof of a patient's cause-and-effect relationship with the doctors committing negligence and medical malpractice. This seems to require the promotion of legislation in the direction to reduce future cases. It is determined that the burden of proof of medical accidents must be improved. The institution receiving the medical accident should prevent a closure report. Further, it is necessary to limit the transition to a franchise point. In this paper, we understand the problems of the current medical dispute resolution system, trying to establish a medical dispute resolution system desirable through an efficient alternative. In addition, it wants help in the protection and realization in medical consumers' and patients' rights. The relevant authorities will take advantage of these measures. After all, this could contribute to the system for a smooth resolution of a medical dispute.

• Journal of Physiology & Pathology in Korean Medicine
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• v.20 no.6
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• pp.1749-1762
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• 2006

Medical disputes are increasing year by year in korean medical institutions as the frequency of patient's visiting korean medical institutions goes high and the reliability relations between korean medical doctors and patients are getting worse than the past. Frequently occurring accidents in korean medical acts fall into some categories such as medical treatment of acupuncture${\cdot}$moxibustion${\cdot}$cupping, korean herbal medication, korean medical physical therapy, wrong diagnosis. Frequently occurring accidents include these cases. Infection due to improper treatment process of acupunctrue or wet-cupping ; skin-burns caused by moxibustion, infrared therapy or haet therapy ;toxic hepatitis or kidney dysfunction induced by herbal medication ; progression of disease or missing of opportunity of timely transfer because of wrong diagnosis. It will prevent medical accidents to a great extent for korean medical doctors to have scientific diagnostic techniques and lab. test results at hand in korean medical institutions.

• Journal of Oral Medicine and Pain
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• v.23 no.2
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• pp.157-191
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• 1998

The subjects chosen for the study were 2,941 dentists who have been registered in the Seoul Dental Association in 1997. Questionnaires were delivered to the dentists, and 1,133 questionnaires of these were returned. The basic dental of repliers, medical accident experiences, and general thoughts on the dental care and medical accident had been reviewed. Many dentists had appeared to be exposed to the medical accidents and disputes, and the rate of the experience of these cases was also high. In the dental practice, the execution degree of the duties as a dentist was lower than the perception of the duties as a dentist, while the perception was good. However, in spite of carefully following the duties as a dentist, it seemed to be impossible to fundamentally prevent the medical accidents. Thus, dentists should always predict the possibilities of the medical accidents, and it is necessary to establish the impartial dental institutions and organizations through which dentists can settle the medical disputes.

• Health Policy and Management
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• v.2 no.1
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• pp.80-114
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• 1992

Current compensation schemes for medical malpractice based on negligence is absolutely malfunctioning in Korea. Focussing on the reform of present tort systems for resolving medical malpractice disputes, this paper discusses the alternative models of the Social Relief Schemes for Medical Malpractice (SRSMM). Alternative models of SRSMM should fundamentally be based on either negligence or nofalult compensation principle. On the foundation of the previous relief principle, the SRSMM should be equupped with three major components-the preventio/reduction of the sharp increasing medical malpractice, the effective and efficient resolving process for malpractice disputes and the proper social financing scheme for compensation. The paper deals with pros and cons of the possible alternative models for reform centering on the three major components of the scheme. As conclusions, administrative arbitration machinaries and a compulsory fund for compensating the injured under the negligence principle are proposed to resolve the current problems Korea has faced.

• Journal of Arbitration Studies
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• v.20 no.3
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• pp.47-69
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• 2010

From the review of Korean arbitration systems with the comparison of those of other countries, we can summarize some issues to be tackled as follows: First, Korean arbitration system started with the purpose of export promotion. This may be the main reason that various domestic disputes have not been resolved by arbitration. Second, the Korean Arbitration Law applies to private disputes. The Law's arbitration scope is wider than that of China and France, but narrower than that of the U.S.A. that encompasses a variety of disputes in the filed of consumer, labor, medical services, patents, etc. Third, active judges or public officials in Korea can not be arbitrator and there is no arbitration court. However, if chief judge allows the necessity, court's judges in the UK can be arbitrator with the mutual agreement of the parties and also arbitration system is operated in the court. Fourth, the Korean Commercial Arbitration Board(KCAB), the only representative institution for arbitration in Korea, is under the Ministry of Knowledge Economy(MKE). This makes it difficult for the KCAB to handle other disputes related to the Ministry of Health and Welfare, the Ministry of Strategy and Finance, the Ministry for Food, Agriculture, Forestry and Fisheries, the Ministry of Employment and Labor, etc. Fifth, as mentioned, the KCAB is the unique institution for arbitration by the Law in Korea, while other countries allow have a diversity of arbitration agencies such as maritime arbitration organization, consumer arbitration institution, arbitration court, etc. Therefore, we suggest some ideas to expand the arbitration's area of coverage in Korea as follows: First, there should be more active policies that promote various domestic disputes to be settled by the arbitration system. Second, it is quite needed to expand the scope of arbitration to cover many disputes in the fields of consumer, labor, medical service, advertising, fair trade, etc. Third, there should be discussions to allow court judges as arbitrator and to introduce the arbitration court. Fourth, the KCAB should strengthen its status and roles as general arbitration organization to overcome the limited scope of commercial disputes. For this, there should be the strong support and coordination among the MKE and other government agencies. Fifth, to reduce the burden of the court's complicated and expensive procedures, more efficient disputes resolution systems should be established on the basis of the parties' free will. Each central government agency should streamline the legal barriers to allow industrial organizations under its control to establish their own or joint arbitration system with the KCAB.

• 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.

• The Korean Society of Law and Medicine
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• v.9 no.1
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• pp.129-162
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• 2008

Nowadays it is important for us to resolute medical disputes. Because a high incidence of medical accidents may be brought about according to many chances of treatment in the operation of health insurance and increasing concern of patient health. Patients and medical doctors have plenty of difficulty in uncomfortable treatment circumstances of a high incidence of medical accidents. It is especially desirable that our society should prevent medical accidents and resolute speedy, fairly and rationally the happened medical disputes. Many legislations were suggested to resolute medical dispute. But legal issue points stress only speedy medical dispute resolution procedure and don't compromise fair and professional procedure. Accordingly these legal arguing points had not been accepted by the National Assembly and people. If the speedy resolution of medical dispute was demanded to solve unsafe treatment circumstances, it is necessitated that the legislation containing legal issue points to procedure is enacted. Of course the interest of patients and doctors to legal issue points must be balanced. Because an arguing points to the reversal of proof burden is consisted of the entity judgement in connection with setting the basis of resolution of medical dispute, the legislation to these is checked carefully.