• 의료법학
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• 제21권2호
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• pp.75-103
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• 2020

의료기술의 발전과 환자 진료 향상 등을 목적으로 빅데이터나 인공지능에 의료정보를 분석·활용하면 유전적 질병이나 암 등 특이 질병 등에 대비할 수 있어 의료정보가 공유되어야 한다는 목소리가 높아지고 있다. 환자의 개인정보에 관한 활용과 보호는 동전의 양면과 같다. 의료기관 또는 의료인은 일반 정보처리자와 다른 환경적 특수성과 민감도가 높은 개인정보를 처리함에 있어 신중하여야 한다. 대체적으로 환자의 개인정보는 의료인이나 의료기관에서 수집·생성부터 파기까지 개인정보를 처리하고 있으나 의료법의 개인정보에 관한 용어 사용의 혼재되어 있거나 적용 범위가 명확하지 않아 판례의 해석에 의존하고 있다. 의료법 제23조의 전자의무기록에 저장·보관된 개인정보는 고유식별정보만을 의미하는 것이 아니라 진료기록부 등 의무기록의 개인정보와 동일하며, 그 내용은 인적 정보, 고유식별정보, 진료정보, 재산정보 등을 포함한다. 의료인이나 의료기관 개설자는 의료법 제24조의4 진료정보가 침해된 경우 제23조의 개인정보와 동일하게 취급하여야 하는지에 대해 전자의무기록에 환자의 민감정보가 기록·저장·보관되어 있으므로 특별히 개인정보 중 진료정보만을 의미한다고 볼 수 없다. 의료법 제19조의 정보 누설 금지는 업무상 알게 된 '비밀'에서 '정보'로 개정되었으나 명칭만 바뀌었을 뿐 보호법익은 형법상의 비밀과 동일하여 환자의 개인정보자기결정권을 보호하고 있지 못하다. 개인정보보호법과 지역보건법은 '업무상 알게 된 정보'에서의 보호법익을 개인정보자기결정권으로 보아 누출, 위조, 변조, 훼손 등 개인정보 침해 행위에 대하여 동일하게 벌칙을 규정하고 있다. 의료법의 개인정보 보호 규정은 용어의 정의가 불명확하여 정보주체 및 정보처리자, 국민에게 적용 범위 등 혼란을 일으킬 수 있어 용어가 통일적으로 정비되어야 할 필요가 있으며, 개인정보 보호에 관한 특별법인 의료법과 일반법인 개인정보보호법의 규정 내용이나 범위가 일치하지 않아 해석상 혼란이 생길 수 있어 개인정보 보호에 대하여 일정한 한계를 보인다. 환자의 개인정보는 민감정보로서 그 활용과 처리에 있어 안전하게 보호되어야 한다. 개인정보 보호 원칙에 따라 개인정보를 처리하여야 하며, 정보주체인 환자나 보호자의 권리인 사생활의 비밀과 자유, 인격권, 개인정보자기결정권을 보장하여야 할 것이다.

• 의료ㆍ복지 건축 : 한국의료복지건축학회 논문집
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• 제26권4호
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• pp.39-47
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• 2020

Purpose: Korea, China, and Japan can be seen as a geopolitical community that has developed through various relationships in terms of history. However, nowadays, it seems that they are pursuing different societal goals resulting from the difference in political and social systems, demographic structures, and economic situations. The law provides the minimum standards for people's lives in the direction that the society pursues. Therefore, the aim of this study is to examine the architectural differences in medical facilities and their causes comparing the legal standards of medical facilities in Korea, China, and Japan. Methods: The subject of the study is Korea, China, and Japan's legal standards of facilities corresponding to the Korean medical service act; enforcement decree of medical service act; and enforcement rules of medical service act. The scope of the study is as follows: First, the facilities standards and the reason for the revision of the standards after the 1950s when the current system of each country was established are investigated and thus the changing trends of the facilities standards that each country has pursued are analyzed. Second, the range and level presented by the current facilities standards of each country are compared and the differences are analyzed. Finally, cases in which the differences in the legal facilities standards are reflected in the actual design are compared and the effect of the facilities standards of medical facilities on the architectural plan is identified. Results & Implications: Each country differs in the legal standards of facilities because of changes in demographic structure and experience of disease. Moreover, it is identified that differences in social operating systems, especially in the operating methods of medical facilities, affect the range and level enforced by the facility standards. When investigating and researching foreign standards of facilities and cases for foreign medical facilities, it is required that they should be analyzed in consideration of the social and cultural aspects of each country.

• 대한방사선기술학회지:방사선기술과학
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• 제44권5호
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• pp.525-534
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• 2021

In order to provide high-quality medical services to the public and contribute to the improvement of public health, it is necessary to enact an independent law according to the work of radiological technologists. Therefore, this study intends to review the regulations related to radiographers in the Medical Service Technologists, etc. Act. and to present opinions and directions for enactment of individual laws for radiological technologists. An online survey was conducted to 15,000 radiological technologists working in medical institutions and education sites in Korea; 1,027 people (6.85%) responded. The questionnaire consisted of 3 questions on demographic characteristics, 5 questions on the scope of work, and 12 questions on the revision of the Medical Service Technologists, etc. Act. and the establishment of the Radiological Technologist Independent Act. Reliability and factor analysis were performed on 9 questions measured on a Likert 5-point scale in "Revision of the Medical Service Technologists, etc. Act. and the establishment of the Radiological echnologist Independent Act" among the questionnaire items. Reliability for the total 9 questions was Chronbach α=0.728. There was a high perception that the regulations related to radiological technologists were insufficient in the current Medical Service Technologists, etc. Act., and the perception that examinations performed by radiological technologists at medical institutions were included in medical practice was high. If the Radiological Technologist Independent Act is enforced, a high percentage of respondents said that they could receive legal protection through the institutionalization of the scope of work, that the status of radiological technologists would be improved, and the scope of work would be expanded. The response that the scope of work of radiological technologists should be included was the highest at 96.6%. In the analysis according to demographic characteristics, it was found that 96.7% of the respondents were agreed regardless of the factors. Radiological technologists will have to work hard to secure the public health by coping with new radiology devices, procedures and treatment methods. Therefore, as the results of this study, it is expected that the enactment and implementation of the Radiological Technologist Independent Act will contribute to the improvement of the quality of treatment for patients and to the public health.

• 한국응급구조학회지
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• 제23권3호
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• pp.53-65
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• 2019

Purpose: This study aimed to assess the awareness of good Samaritan law and attitude toward basic life support (BLS) of university students. Methods: A 29-item questionnaire survey was conducted among 147 students in A university. The participants were freshmen and sophomores who had received cardiopulmonary resuscitation (CPR) training in middle or high school. Statistical analysis was carried out using SPSS 21.0. Results: The majority (85%) of the participants knew about the good Samaritan clause in the Emergency Medical Service Act, but only about half (58.5%) knew about the Non-rescuer Act. Almost all of the patients said they would administer CPR to patients and showed a positive attitude toward BLS (3.74±0.40). Conclusion: Greater help attitude was exhibited by those who knew the good Samaritan law. These findings suggested that such education may increase their likelihood or helping in emergencies.

• 한국콘텐츠학회논문지
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• 제15권1호
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• pp.152-158
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• 2015

정부는 작년 10월 29일 의료법 34조 개정안을 입법 예고했다. 과거 2009년 7월 29일에도 정부는 "의료사각 계층 해소 및 의료서비스산업의 발전을 도모하기 위해 의료인과 환자간의 원격의료를 허용하는 내용을 포함한 의료법 개정안"을 입법예고 하였지만 의료계의 반발과 의료의 남용, 의료비의 상승을 가져올 수 있다는 반대여론에 밀려 결국 국회입법에 실패했었다. 그런데 또다시 의료법 34조 개정을 추진하려 하고 있다. 법률을 개정하고 입법하기 위해서는 법의 합리성, 타당성, 실현가능성 등 충분한 검토와 부작용을 면밀히 분석하고 시행해야 한다. 특히, 국민의 건강과 직결되는 의료법 개정은 반드시 국민의 생명과 건강권이 담보되어야만 입법 취지의 타당성이 인정된다. 현재 의료법 34조 개정안은 의료단체 및 시민단체 등의 거센 반발에 부딪쳐 아직까지도 표류상태이다. 이에 본 연구는 의료법 34조 개정안을 분석하고, 문제점 도출과 그에 따른 개선방안을 제시하고자 한다.

• 한국간호교육학회지
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• 제2권
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• pp.32-55
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• 1996

It was enacted 'Emergency Medical Act' in January, 1994 beginning the emergency medical service system from 1982, and while it was established the emergency medical department in junior college providing the detailed agenda about emergency medical technician and the regulation relative to the application of a law on the emergency medical act in 1995, the fire school and the National Medical Center are enforced the curriculum. It is very important subject faced for the construction of emergency medical system to produce a number of emergency medical technicians to be sufficient to the role of emergency aid. In this study it is analysed the training curriculum for the emergency medical technician and presented the improvement plans. 1. Though it needs the qualification level of first and second class in the selection process, the more important thing needs the detailed qualification level by term of one's service and the skills of business accomplishment. 2. In the examination management, (1) written examination is composed of the questions to understand how much faithfully they carry out the practical business as the emergency medical technicians, (2) it is added practical examination as the item to appraise the situation disposal ability. 3. It is necessary to prescribe the activity in the medical institution and ambulance arrangement through the development of 'Business Treatment Guide'. 4. For the regional balanced disposition of emergency medical personnel it is selected balanceably the educational institution by eight medical service areas, and considering the characteristics of region it is necessary to manage, in the practical business training course, another special course such as the mountains medical aid and sea medical aid. 5. In the period of education the first class needs the practical business training period of a certain period after passing examination, and the second class needs the extension of the period. 6. As the problems to improve in the curriculum [1] in the first class course (1) intensification of practical educaiton (2) reinforcement of curriculum (3) the development of standardized curriculum etc., [2] in the second class course (1) varieties of curriculum (2) intensification of basic first aid treatment education.

• 한국응급구조학회지
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• 제25권2호
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• pp.39-53
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• 2021

Purpose: Emergency medical technicians (EMTs) have so far been trained as professionals under the same conditions, with no change in the 1995 Act. We aimed to find ways for them to secure expertise in accordance with social needs by strengthening the quality of the EMT education. Methods: This is a descriptive study comparing the operation status of the national emergency medical examination conducted by the Korea Health Personnel Licensing Examination Institute, and the national examinations of EMT paramedic and EMT basic. The scope of the national examinations for EMT was compared by subject and area. Results: The national written exam for EMT paramedic consists of five areas. EMT basic does not include basic medicine in three related subjects, 11 areas, and 18 detail areas. Paramedic care does not include advanced pediatric life support. In addition, nine areas and 20 detail areas are not included. Conclusion: The study suggests the need for institutional supplementation so that those who have completed EMT basic and the subjects prescribed by the ordinance of the Ministry of Health and Welfare at universities, etc., in the Higher Education Act can take the EMT paramedic national exam.

• 의료법학
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• 제13권1호
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• pp.359-395
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• 2012

In a broad term, health and medical data means all patient information that has been generated or circulated in government health and medical policies, such as medical research and public health, and all sorts of health and medical fields as well as patients' personal data, referred as medical data (filled out as medical record forms) by medical institutions. The kinds of health and medical data in medical records are prescribed by Articles on required medical data and the terms of recordkeeping in the Enforcement Decree of the Medical Service Act. As EMR, OCS, LIS, telemedicine and u-health emerges, sharing and protecting digital health and medical data is at issue in these days. At medical institutions, health and medical data, such as medical records, is classified as "sensitive information" and thus is protected strictly. However, due to the circulative property of information, health and medical data can be public as well as being private. The legal grounds of health and medical data as such are based on the right to informational self-determination, which is one of the fundamental rights derived from the Constitution. In there, patients' rights to refuse the collection of information, to control recordkeeping (to demand access, correction or deletion) and to control using and sharing of information are rooted. In any processing of health and medical data, such as generating, recording, storing, using or disposing, privacy can be violated in many ways, including the leakage, forgery, falsification or abuse of information. That is why laws, such as the Medical Service Act and the Personal Data Protection Law, and the Guideline for Protection of Personal Data at Medical Institutions (by the Ministry of Health and Welfare) provide for technical, physical, administrative and legal safeguards on those who handle personal data (health and medical information-processing personnel and medical institutions). The Personal Data Protection Law provides for the collection, use and sharing of personal data, and the regulation thereon, the disposal of information, the means of receiving consent, and the regulation of processing of personal data. On the contrary, health and medical data can be inspected or delivered of the copies, based on the principle of restriction on fundamental rights prescribed by the Constitution. For instance, Article 21(Access to Record) of the Medical Service Act, and the Personal Data Protection Law prescribe self-disclosure, the release of information by family members or by laws, the exchange of medical data due to patient transfer, the secondary use of medical data, such as medical research, and the release of information and the release of information required by the Personal Data Protection Law.

• 의료법학
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• 제21권3호
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• pp.3-33
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• 2020

'원격의료(telemedicine)'란 '의료인이 정보통신기술을 이용하여 원격으로 실시하는 의료행위'라고 정의할 수 있다. 지금까지 우리나라의 통설은 의료법 제34조를 근거로 의료인 간의 원격자문만 허용되고, 의료인과 환자 간의 원격의료는 금지되는 것으로 이해하였다. 그러나, 의료법 제34조는 의료업 수행에 대한 장소적 제한 규정일 뿐, 원격의료 자체를 금지하는 규정은 아니다. 그 외 현행 의료법에는 원격의료를 금지하는 규정이 존재하지 않는다. 건강보험 요양급여기준과 별개로 현행 의료법 해석상 원격의료가 일반적으로 금지된다고 보기는 어렵다. 다만, 의료법 제17조와 제17조의2에서의 '직접 진찰'의 의미와 관련해서 해석상 논란이 있다. 헌법재판소는 이를 '대면 진찰'로 해석한 반면, 대법원은 '스스로 진찰'로 해석하였다. '직접'의 사전적 의미와 관련 의료법 규정에 대한 해석 등에 비추어 볼 때, 대법원의 해석이 타당하다고 생각한다. '직접 진찰'이 '대면 진찰'을 의미하지는 않더라도, '진찰'의 개념 안에 '대면진찰의 원칙'이 내포되어 있고 '비대면 진찰'은 대면진찰을 보완하는 수준에서만 허용되기 때문에 비대면진찰로 인한 문제점은 충분히 극복할 수 있다고 본다. 결국은 진찰이 얼마나 충실하였느냐, 즉 '진찰의 충실성' 여부가 원격진료 허용의 한계라고 할 수 있다.

• 의료법학
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• 제10권2호
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• pp.115-150
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• 2009

The Article 17 (1) of the Medical Service Act states that no one but medical doctor, dentist or herb doctor shall prepare medical certificate, post-mortem examination, certificate or prescription. Though medical certificate, post-mortem examination or certificate is a private document issued by doctor personally, it is accepted as reliable as public document. Therefore, for medical certificate, post-mortem examination or certificate, unlike other private document to guarantee authenticipy of the content, the Article 233 of the Criminal Act states the Crime of Issuance of Falsified Medical Certificates. In other words, the Criminal Act Article 233 states that If a medical or herb doctor, dentist or midwife prepares false medical certificate, post-mortem examination or certificate life or death, one shall be punished by imprisonment or imprisonment without prison labor for not more than three years, suspension of qualifications for not more than seven years, or a fine not exceeding thirtht million won. The subject of the Crime of Issuance of Falsified Medical Certificates is only a medical or herb doctor, dentist or midwife and the eligibility requirements are specified in the Medical Service Act. Medical certificate is the medical document to be issued by medical doctor to certify the health status and show the Jugdement about the result of the diagnosis, Post-mortem examination is the document to be listed by medical doctor to confirm medically about human body or dead body, and Certificate life or death is a kind of medical certificate to verify the fact of birth or death, the cause of death, such as Birth Certificate, Certificate of Stillbirth or Certificate of Dead Fetus. To constitute the crime of Issuance of Falsified Medical Certificates, it is necessary for the contents of the certificate to be substantially contrary to the truth, as well as it is needed the subjective perception that the contents of the certificate are false. The Supreme Court Decision 2004DO3360 Delivered on March 23, 2006 declared that although the Defendant did not MRI scan, etc. for precise observation about the disability status of Mr Park, it was difficult to believe that the contents of the Disability Certificate of this case were contrary to the objective truth or the defendant had perception that the contents of the certificate were false. I don't agree with the Supreme Court Decision, because the Supreme Court confirmed the decision by the court below despite the Supreme Court should have made the court below retry the reason why the Defendant did not MRI scan, etc. for precise observation about the disability status of Mr Park.