Earticle

초록

영어

In the 1980s, not only medical accident but also medical disputes became social problems in the nation, and from the year of 1988 medical circles as well as the government started to discuss enactment of laws of dispute settlement in medical malpractice. The purpose of enactment of laws of dispute settlement in medical malpractice was to regulate dispute settlement in medical malpractice as well as compensation for losses and damages and to compensate for people's life and physical injury as well as losses and damages of the properties promptly and fairly and to build up stable medical examinat ion and treatment environment.
The drafts of proposed laws were automatically cancelled at expiration of the 14th, 15th and 16th term National Assembly because of disagreement among physicians, medical service consumers (patients), the government's department in charge and other interested parties. Lawmakers' drafts of proposed law, that is to say, not only a draft of the Law on Prevention of Medical Accidents and Malpractice Relief 1) but also a draft of the Law on Health and Medical Dispute Settlement 2), were submitted to the 17th term National Assembly, and associated sub-committee of National Assembly had difficulties at investigation to cancel the law at expiration. In such a way, enactment of the law of medical dispute settlement continued to attempt as many as 22 years.
As the press released recently, what was worse was confrontation among the government, medical circles and non government organizations concerning introduction of open-type investment hospitals jeopardized base of the Law of Medical Service that was enacted in 1973.
This study examined medical accidents and medical dispute in malpractice
briefly to investigate the law of medical dispute settlement and malpractice r
elief and to discuss issues in dispute.

목차

Ⅰ. 머리말
 Ⅱ. 의료사고와 의료분쟁의 발생 현황과 해결 제도
  1. 우리나라의 의료사고 발생 현황과 요인
  2. 의료분쟁의 해결제도
 Ⅲ. 의료사고 피해구조에 관한 최근의 입법동향
  1. 최근의 입법 현황
  2. 정부의 검토 배경
 Ⅳ. 법률안의 주요 내용과 쟁점
  1. 의료사고 입증책임
  2. 의료배상책임공제 (외국의 예 참고 )
  3. 조정위원회와 조정전치주의
  4. 의료사고 보상제도
  5. 형사처벌특례
  6. 기타
 Ⅴ. 맺는 말
 참고문헌
 

키워드

저자

• 최행식 [ Choi, Haeng-Sik | 원광대학교 법학전문대학원 교수, 법학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340