• 의료법학
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• 제16권1호
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• pp.255-288
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• 2015

의료사고는 환자의 생명, 건강과 직결되는 경우가 많기 때문에 사전에 예방하는 것이 바람직하다. 그러나 의료사고가 발생한 경우에는 당사자 간의 감정이 첨예하게 대립되기 전에 조정을 통해 신속하고도 원만하게 해결할 필요가 있다. 한국소비자원은 신속 공정하고 효율적인 해결을 목적으로 의료분쟁 조정업무를 수행하고 있고, 이는 동일한 업무를 수행하고 있는 한국의료분쟁조정중재원 역시 마찬가지이다. 그런데 한국소비자원과 의료분쟁조정중재원은 업무중복 및 그로 인한 비효율을 이유로 통폐합에 대한 논의가 끊임없이 제기되어 오고 있지만, 소비자의 선택권 보장, 경쟁을 통한 상호 발전을 위해 두 기구가 공존하는 것이 바람직하다. 그러므로 소비자원이 조정중재원과 공정한 경쟁을 할 수 있도록 법적, 제도적 뒷받침을 해주어야 한다. 그것은 소비자원을 위 한 것이 아니라 궁극적으로 소비자를 위한 것이다.

• 보건의료산업학회지
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• 제4권2호
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• pp.107-117
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• 2010

In this paper, the researcher looked into major issues in the "Act (Draft) on Remedy for Damage from Medical Accident and Medical Dispute Mediation, etc." which was proposed by the Health & Welfare Committee, the National Assembly of the Republic of Korea, and which was pending with the Legislation & Judiciary Committee. Then the researcher pointed out worrisome problems therein and presented suggestion" to improve problematic situations. First of all, the researcher examined the following items which are major points in the aforementioned Act: 1) Establishment of Korea Medical Dispute Mediation and Arbitration Center, 2) Procedures for mediation and arbitration of medical disputes, 3) Establishment of Medical Injury Compensation Association, 4) Introduction of proxy payment for damages, 5) Compensation for no-fault medical accidents, 6) A system concerned with special cases on criminal punishment. Next, the researcher closely reviewed the following possible issues: 1) Limit of arbitrary mediation, 2) Postponement of the system concerned with special case on criminal punishment, 3) Examination of reasons for rejection, 4) Function and role of the Appraisal department, 5) A possibility of being reduced to an evidence collection procedure for lawsuit, 6) A possibility of no-fault compensation rather than injury compensation, 7) Operational issues related proxy payment for damages. Lastly, the researcher presented suggestions on how to improve each problematic issue.

• 대한치과교정학회지
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• 제44권1호
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• pp.5-12
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• 2014

The committee of admitted doctors developed a questionnaire regarding medical dispute and distributed it to 1,600 members of Korean Academy of Orthodontics. The questionnaire consisted of three categories and 56 items covering basic information about the doctors and patients who had experienced medical disputes, the cause and workaround of medical accidents, and methods for taking precautions. The present survey showed a similar proportion of responders who had experienced a medical accident compared to the study in 1997. The primary reason for medical disputes was dissatisfaction with appearance. Many doctors felt that they would likely experience a medical dispute at some point. Most disputes were settled by doctors themselves, usually for an amount of less than 5 million Korean won. For some doctors, medical accidents lead to ongoing psychological problems. Responders felt that continuing education for medical dispute is very necessary. These results reveal a need for the association of orthodontists to lead advancements in education and countermeasures for preventing and managing medical accidents and disputes.

• 대한한의학원전학회지
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• 제25권3호
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• pp.57-78
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• 2012

Objective: Although the government acknowledged Korean Medical Doctors as official health care providers since 1951, criticism regarding its modernity persisted. This paper focuses on the medical dispute between Korean and Western Medicine in 1950s risen from the problem of modernization of Korean Medicine. Method: This paper looked into the medical dispute between Korean and Western Medicine in 1950s through "EE LIM". "EE LIM" is a scholarly journal published by Korean Medical doctor Bae Won-Sik. Articles regarding the medical dispute between Korean and Western Medicine were selected, categorized and analyzed. Result: The main questions against Korean Medicine were: whether it was scientific or not, and whether there was a possibility of systematization. Several opinions were brought up on these issues. 1) Some people criticized Korean Medicine as being unscientific based on modern science. 2) Others emphasized the identity of Korean Medicine against the critics. 3) Another group of people wanted to study Korean Medicine using modern methods and obtain merits from both sides. Conclusion: The different understanding of the term 'science' led to diverse discussions on the direction of Korean Medicine's progression. The narrow meaning of science only considers Korean Medicine as an object of modern scientific and medical study. But if the meaning is broadened, containing empirical aspects, Korean Medicine can be included as a category of science based on its clinical utility.

• 한국중재학회지:중재연구
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• 제30권1호
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• pp.185-198
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• 2020

In the event of a medical conflict in South Korea, civil lawsuits can be very complicated, time-consuming, and costly. Under the Medical Conflict Conciliation Act, the mediation system has expanded its function to coordinate disputes between individuals and medical institutions in a more efficient manner prior to litigation. Currently, conflict mediation organizations and legal systems are established in each sector, and the Healthcare Dispute Settlement Commission will also play an important role in the public sector. In this study, the characteristics of the evaluation system of the Korea Institute of Medical Conflict Arbitration are examined; and, by looking at the case of medical examinations, it is proposed to show the mediation system and the manner and role of the examinations. Medical expertise is a very important area of the qualitative standards and expertise of participants because the participants must play a role in medical consultation and appraisal in connection with medical experts.

• 한국컴퓨터정보학회논문지
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• 제19권4호
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• pp.139-147
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• 2014

의료분쟁은 전 국민을 대상으로 하는 의료보험사업의 시행과 더불어 건강에 대한 국민들의 관심이 증가하고 의료수요가 급격히 증가되는 가운데 필수 불가결하게 발생하는 문제이다. 분쟁의 대상은 대부분 의료인의 의료과오로 인한 형사적 처벌과 민사적 피해구제와 관련되는 것으로, 종래에는 합의에 의한 해결이 우선시 되었고 나아가 소송과 실력행사를 통해 해결하려 하였으나 명확한 기준과 관련 법제의 미비로 인하여 합리적이고 원활한 해결에 어려움이 있음을 부인할 수 없다. 이를 위하여 의료사고 처리와 의료분쟁을 분쟁당사자들 간의 자율적인 문제로 해결할 수 있도록 우여곡절 끝에 "의료사고 피해구제 및 의료분쟁 조정 등에 관한 법률"(이하 '의료분쟁조정법')은 2011년 4월 7일 제정되어 2012년 4월 8일 시행되었다. 이는 조정이나 중재로써 당사자 간의 갈등을 해결하려는 입법적인 취지가 있겠으나 의료분쟁조정법의 내용상 형사적, 민사적 관련 현행법과의 선결 되어야하는 문제와 더불어 헌법적 관점에서 고찰해야 할 검토 사항이 있다. 따라서 본 논문에서는 의료분쟁 조정법과 헌법상의 쟁점 및 형법적, 민법적 쟁점사항을 알아보고 이에 대한 해결과제를 모색하여 보다 안정적이고 효율적인 의료분쟁의 해결이 될 수 있도록 하는 계기가 마련되기를 기대해 본다.

• Archives of Plastic Surgery
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• 제36권3호
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• pp.262-268
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• 2009

Purpose: Recently medical dispute about plastic surgery is increasing rapidly as result of growing surgery itself due to high interest in appearance and advertisement of plastic surgery. So we want to find a way to prevent similar medical accident by making better solution of plastic surgery through case analysis of medical dispute. Method: 161 cases about plastic surgery asked for aid at Korea Consumer Agency and 41 cases judged at the court was surveyed and gender, location and kind of hospital, goal and kind of operation, making operation agreement or not, kind of damage, result of process, result of lawsuit was studied from 2004.1.1. to 2006.12.31. Result: Medical doctor have to explain about symptoms of disease, method of treatment, possibility of complication, prognosis to patients before therapy so they can make decision if they take operation by doctor or not. On this survey, among the patients who underwent re - operation or had complication, 88.1%(96 from 109 cases) of them didn't get enough explanation about possibility of complication before surgery They brought lawsuit insisting they would not undergo operation if they got enough explanation about possibility of complication and result of operation before surgery. Conclusion: It is advisable that doctor must observe the duty of explanation before surgery and respect the right to decide of patient, make operation agreement and put down concrete progress note and store the pre and post operative photo to avoid medical accident. It is also needed to have guideline of therapy, Code of ethics, organization which deals with medical dispute, reconsideration of law to control that.

• 의료법학
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• 제15권1호
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• pp.239-262
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• 2014

The conventional medical appraisal which was done in the process of medical lawsuit was requested from the court to the designated hospital and was delivered as a pattern of one question and one answer in each. However, the comprehensiveness of medical appraisal which was pursued, for example, in Korea Medical Dispute Mediation and Arbitration Agency, could be guaranteed in terms of in-depth medical analysis as well as the broader capacity of the causality estimation besides. The comprehensiveness of appraisal would also include how well organized hospital system of medical care is and how well correlated job system among medical staffs, when medical dispute was happened at the hospital. This comprehensiveness will exert a big contribution on making a demonstrative medical care to prevent from the medical dispute and it could achieve the national plan of building the patient safety net which is effective in restoring the worsened quality of contemporary medical service. Therefore, the comprehensiveness of medical appraisal has to be designed to go forward interdisciplinary fused speciality rather than one division of medicine, which is also aiming at the reliable and consistent appraisal with the supreme dignity from one window. In addition to that, the objective and concrete frame of comprehensive appraisal under the computed connection has to be deliberated to make itself possible in collaboration with positive participation of medical community. The comprehensiveness of medical appraisal would serve to expand not only the capacity of speciality but also the ability of influence on a restorative justice, so that it give effect to an increased number of mediation and arbitration rather than medical lawsuit as well as a decreased number of the social cost and social conflict.

• 의료법학
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• 제15권2호
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• pp.91-122
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• 2014

For a variety of reasons, the number of medical disputes is continuously rising. Due to the intrinsic qualities of medical treatments, one would find it more apt to subject medical disputes to general conflict resolution procedures rather than to once-for-all decisions under legal suits. To address the increasing medical disputes with greater professionalism and efficiency, the Medical Disputes Mediation Act was enacted and a medical dispute mediation system put in place, while drawbacks have been blamed to both. The current mediation procedures require the respondent's agreement as a disclosure requirement. A reasonable improvement to this would be to amend the regulation of agreement supposition, or to enforce procedural participation only to public health facilities managed by the national or regional government. Furthermore, small claims cases of 20 million KRW or less in claim may be considered for conciliation-prepositive principle. The concentration on small claim medical disputes is a phenomenon that can be addressed by carrying out maximum authentication commissions or similar measures, one of the solutions by enhancing the public trust in the Korea Medical Dispute Mediation and Arbitration Agency. The proper management of medical authentication teams is one way to address the existing problems in the authentication system. For this, the number of team members shall be increased under more flexible authentication procedures. All indemnity resources for medical accidents of force majeure must be borne by the Government, for it is the body principally responsible for social compensation. Placing this cost on the establisher of the subject medical facility holds the possibility of violating fundamental rights. While the costs for subrogation payment system for damages may be borne by the healthcare facility establisher, a deposit-based system must be created for cases in which the facility shuts down, without holding the responsibility for accident cause. Such change to a deposit-based system will evade the controversies of unconstitutionality, etc.

• 의료법학
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• 제12권2호
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• pp.163-187
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• 2011

On March 11, 2011, the Korea National Assembly finally passed the bill on the Damage Relief on the Medical Malpractice and Mediation for Medical Dispute. One of the features of this Act is including "The Subrogation Payment System for Damage (abbreviated SPSD)". This System is that 'Korean Medical Dispute Mediation-Arbitration Board' pays the damages, instead of the health care provider, for the patient who isn't paid damages by the health care provider despite of the Mediation or ruling. The purpose of this study is to search the problems and make improvement on SPSD. This System was introduced extreamly to the patients in order to induce them to the mediation. However,there remains several problems. In this articles, I have examined thoroughly the legal issues on SPSD. There are legal issues about the methods and ratio of the financial burden. In this connection, wide discretionary authority has been granted to administrative agencies specifically. On this account, this System clearly contains elements of a violation against the Constitutional Law. Moreover, this System can be broadly applied to the case of court ruling or the Korea Consumer Agency's mediation. But these measures go against the aim of legislation that the medical dispute can be resolved through the mediation or arbitration by this Act. In the end, these problems must be revised through the additional discussion.