• 한국한의학연구원논문집
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• 제15권3호
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• pp.19-28
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• 2009

Objectives : The lawsuits associated with medical practice in Korean medicine are increasing gradually. However, the clear definition for medical practice in Korean medicine has not been existed in Korean law. Only we may understand the concept regulated by judicial precedents of the court of justice or the authoritative interpretation by the government. Methods : For study, a database was established for medical lawsuits involving Korean medicine(1968~2009, n=130). Results : According to court rulings, the medical practice in Korean medicine is an act to diagnose a person's illness, prescribe and treat to cure based on traditional Korean medicine, to be understood as a medical care, to have some factor to create or increase danger for the preservation of health or hygiene, and to be practiced by medical specialists based on their professional knowledge. Conclusions : But, such definition is not proper and exceedingly vague. Besides medical circumstances Koreans Medicine are changing, and new precedent to the definition of the practice of medicine is establishing. Therefore the meaning and scope of the medical practice in Korean medicine should be modified and amended, reflecting these conditions.

• 의료법학
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• 제24권1호
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• pp.43-65
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• 2023

헬스케어 산업은 제4차 산업혁명 기반 기술과 접목된 디지털 헬스케어로 개인의 건강과 의료에 관한 정보 등을 다루는 분야로 건강관리 서비스와 의료 과학기술이 융합된 형태이다. 패러다임 변화에 따른 디지털 헬스케어는 기존 「의료법」상의 의료행위 개념에 포섭되어 논의가 가능한 것인지 의문이 생긴다. 「의료법」상 의료행위의 개념에 관한 명확한 정의 규정은 없지만, 판례를 통해서 그 개념을 정립하고 있다. 그리고 「의료법」상 의료행위의 주체는 의료인으로 한정하고 있다. 그러나 디지털 헬스케어는 의료인에 의 한 디지털 기술을 이용한 질병 진단과 치료행위를 하는 경우가 있다. 이와는 달리 비의료인에 의해서 가능한 것이 디지털 헬스케어이다. 왜냐하면 디지털 헬스케어는 운동, 식습관 그리고 체중조절 등과 같은 건강관리를 포함하는 개념으로 이해되기 때문이다. 이로 인하여 디지털 헬스케어에 대한 「의료법」상 의료행위 개념에 포섭하는 경우 「의료법」 제27조에 규정된 '무면허의료행위'로 형사처벌의 대상이 된다. 보건의료산업은 디지털 전환과 정보통신기술과의 융복합이 빠르게 진행되고 있다. 이로 인하여 기존의 의료행위와 구분하여 '디지털화된 의료행위' 또는 '정보통신기술(ICT) 기반 의료행위'로 새롭게 규정할 필요성이 대두되고 있다. 의료행위 개념은 고정불변한 개념이 아닌 가변성을 가진다. 그렇다고 이러한 요구에 따라 의료행위 개념의 무한 확장이 아닌 그 범위의 재설정을 요청하는 것이다. 따라서 의료서비스체계에 대한 수요자의 요구를 반영하여 의료행위 개념을 법제화하여야 할 것이다.

• 의료법학
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• 제10권2호
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• pp.427-453
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• 2009

This study aims to review legal problems of similar medical practice and suggest methods of improvement. Similar medical practice refers to all medical practices conducted in the state that human qualification is not fulfilled. It may cause serious damages on health and lives of national people. Currently, similar medical practices are recognized as unlicensed medical practices and prohibited based on the Medical law and additionally punished by then special law in Korea. However, the current Medical Law does not provide clear and accurate concept of medical practices so that it is difficult to regulate similar medical practices. The issue of complementary and alternative therapy related to similar medical practices is also in special state different from other countries. In addition, since similar medical practices lack of evidences in terms of safety, the dangerousness of accidents is high and it may affect badly on health of national people and health care policies. Methods of improvement in order to resolve problems regarding similar medical practices are: first, concept and scope of medical practice should be clear, accurate and concrete. Second, complementary and alternative therapies related to similar medical practices need to be strictly examined and the supervisory right should be given to doctors should be given even though a part of it is allowed. Third, research institutes specialized in the field should be established for scientific examination of complementary and alternative therapy and objective research results should be open to the public. Finally, since damage cases caused by similar medical practices by non-medical personnel, national management and supervision for similar medical practices should be reinforced.

• 의료법학
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• 제11권1호
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• pp.243-270
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• 2010

Under the existing law, an act included in medical practice by medical personnel seems to be irrelevant to whether the act concerned in the "Life World" is in the category of medical practice. In spite of the act having been done according to the custom for a long time, and generally done by individuals in the "Life World", these kinds of acts have been banned by law, because if these acts were done by the general individuals, it would be considered as harmful behavior to human life and body. And it is not sure that individuals know such a ban or notification. This cause a "Mistake of Law". Also it is happened if someone knows the existence of law but believes that his/her act is not included. For treating the problem of "Mistake of Law" of unlicensed medical act, in this study I inquired thoroughly into the category and regulation of unlicensed medical act, uncertainty of the Medical Services Law the first Section of Article 27, the prohibition of unlicensed medical act. The "Composition Condition" of the first Section of Article 27 of the Medical Services Law is not certain, it doesn't meet the "Doctrine of Clearance", and it cause the "Mistake of Law". Also it doesn't meet standardization of constitutional state. An exceptional decision of Pusan District Court, the debate about unlicensed medical practice, constitutional decision on unlicensed medical practice of the Constitutional Court of Republic of Korea and point of view of support of regulation. Also I examined the problem of "Mistake of Law" that the regulation of unlicensed medical practice has. I tried to solve uncertainty of "Composition Condition" and proposed a direction of regulation for solving the "Mistake of Law" and the use of existing law.

• 대한예방한의학회지
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• 제17권1호
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• pp.163-179
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• 2013

Objectives : After analyzing the proficiency of medical communication of the students in College of Korean Traditional Medicine using standardized patients, we suggests ways to improve clinical practice in the future class and medical communication curriculum development. Methods : 20 students before clinical practice class (3rd grade) and 20 students after 1 year clinical practice class (4th grade) participated and did their medical interview on Standardized patient. They were evaluated on patient-physician communication skills by standardized patients and professor evaluator. In addition to be evaluated on patient-physician relationship, medical interview skills by professor evaluator. Results : As follows in the evaluation of clinical practice with standardized patients 1. More than half of the participated students regardless of their grade received poor score in their medical communication evaluated by SP(Standardized patient) and PE(Professor evaluator). 2. Greeting, History taking parts were higher in the 4th students who received 1 year clinical practice class, but verbal-nonverbal response, voice tone parts were higher in the 3rd students who do not received clinical practice lesson. 3. Pronunciation&Voice tone parts were higher in the male students but, gathering information part was higher in the female students. Conclusions : We think that the current clinical practice lessons are insufficient as a way to learn and improve medical knowledge and medical communication skills, and it is necessary a new form of clinical practice class. Participatory lesson using standardized patient could be a good alternative of that in the future class.

• 의료법학
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• 제11권2호
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• pp.75-112
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• 2010

This article analyses the concept of medicine in the legal context. It is not easy to define the concept of medicine because medical practice has various dimensions and the situation in which the practice is performed has a broad variety. The duty of medical law is to build the boundary of protection in that the nature of medicine would not be distorted by the factors of social systems like industry or governmental authorities. Without understanding the various dimensions - especially the dimension of Humanities and Sociology - of the medicine it is not possible to draw the limit on the performance of medicine appropriately. Concerning the medical practice (especially in the context of the regulation of medical licence), the enacted law (Medical Act) defines the concept just for form's sake and it finally depends on the interpretation of the legal enforcement authorities. Moreover, between the judgments of the courts there exists no coherent principles for the regulation and the interpretation of the Medical Act depends often on the riskiness, the abstract concept, which finally leads the interpretation to depend on the subject of the practice. On the contrary, the development and scientific movement of the technology tends to tighten the range of the medical professionals of medical practice and the perspectives of the medicine. Medical act is actually oriented at the patient's understanding of him- or herself. The above-mentioned tendency of the interpretation and the legal policy could lead the medicine away from its nature.

• 의료법학
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• 제15권1호
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• pp.59-80
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• 2014

The Medical Affairs Law regulates that Medical Doctor and Korean Medical Doctor(KMD) can practice in the boundary of each licence. But there is no clear provision to explain what practice in the boundary of MD's permitted region and what is KMD's. Moreover practice over the boundary of licence could be punished as a violation of the Law. KMD's use of medical devices have been objects of legal conflicts in the field. Because there is no clear provision in the Law, judical precedents have played the role as practical and final regulations. In this study, analyses on some judical precedents could show some rationales whether an issued KMD's use of medical devices is in the boundary of license. The courts considered the theories based on the practice, the level of required specialty and education, and the probability of danger to a patient. The judical precedents should be reviewed more precisely in the respects that it is adaptable in "the written law system"and it is desirable to divide boundaries between MD's and KMD's.

• 의료법학
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• 제24권3호
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• pp.125-153
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• 2023

대법원 2022. 12. 22. 선고 2016도21314 전원합의체 판결은 한의사의 진단용 의료기기 사용이 면허된 것 이외의 의료행위에 해당하는지를 판단하는 새로운 기준을 제시하고, 이 기준에 따라 한의사의 초음파 사용을 무면허 의료행위가 아니라고 판단하였다. 대법원 2023. 8. 18. 선고 2016두51405 판결은 새로운 판단기준을 적용하여 뇌파계를 파킨슨병과 치매 진단에 사용한 행위가 한의사로서 면허된 것 이외의 의료행위에 해당하지 않는다고 판단한 첫 번째 사안이다. 대법원은 판례변경을 통해 의료기기 사용에 서양 의학적 지식과 기술이 필요하지 않아야 한다는 종전 기준을 폐기하였지만, 진단용 의료기기를 사용한 한의사의 서양 의학적 진단행위를 진단의 보조수단으로 볼 것인지는 불투명한 상태였다. 이에 대법원은 뇌파계를 활용하여 파킨슨병과 치매, 즉 서양 의학적 진단을 한 한의사의 행위를 면허된 것 이외의 의료행위가 아니라고 판단함으로써 진단의 보조수단이 가지는 의미를 명확히 정리하였다. 이외에도 대상 판결은 뇌파계의 개발, 제작 원리와 뇌파계 검사 결과의 자동 추출 및 자동 판독 여부 또한 판단기준에서 배제함으로써 한방의료행위의 의미가 수범자인 한의사의 관점에서 명확하고 엄격하게 해석되어야 한다는 죄형법정주의 관점을 더욱 투철하게 적용하고 진단용 의료기기가 한의학적 의료행위 원리와 관련 없음이 명백한 경우가 아닌 한 형사처벌 대상에서 제외됨을 분명히 하였다.

• 대한예방한의학회지
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• 제12권2호
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• pp.159-167
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• 2008

Life nurturing medicine mentioned in this paper refers to medical practice based on health preservation. This practice embraces alimentotherapy, respiration practice, qi gong, lacking food method as well as preventive medicine and geriatrics based on this theory. This life nurturing practice are noticeable through korean history. There were Korea own's xianjia(仙家) yangseng practice which after the transmission of Taoistic yangseng, it has been developed to take a field in medicine. The first publication that proofs this unification of life nurturing practice and medicine is Donguibogam ("東醫寶鑑"). Life nurturing method took more proportion in medical practice as medical books emphasized on preventive medicine like Yiyangpyun("二養編"), Boyangji were published distinguishing from other field of medicine.

• 임상간호연구
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• 제29권3호
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• pp.327-336
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• 2023

Purpose: This study aimed to identify the factors affecting the practice of medical waste management of nurses in tertiary general hospitals after the coronavirus disease 2019 (COVID-19). Methods: The participants were 154 nurses working in two tertiary general hospitals. Data were collected using structured questionnaires and analyzed using an Independent t-test, One-way ANOVA, Scheffé test, Pearson correlation coefficients, and multiple regression analysis using the SPSS/WIN 27.0 program. Results: Factors significantly influencing the subject's practice of medical waste management include medical waste education(β=.18, p=.013), recognition of infection control organizational culture (β=.26, p=.007), and attitudes toward medical waste management (β=.23, p=.011). The explanatory power of these variables for medical waste management practice was 29.0% (F=7.34, p<.001). Conclusion: To improve the practice of medical waste management, a strategy to provide positive attitudes toward medical waste management should be needed when developing medical waste management training programs, and various measures are necessary to make the organizational culture positive for the implementation of infection control guidelines at the organizational level.