Earticle

초록

영어

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.

목차

I. 서론
 II. 의료분쟁해결 관련 입법안의 경과 및 주요 논쟁점
 III. 입법안 관련 주요 쟁점
  1. 의료분쟁조정기구
  2. 조정전치주의
  3. 의료행위에 대한 형 감면 및 형사처벌 특례 규정
  4. 진료방해 등 금지 규정
  5. 의료배상공제조합 및 의료배상책임보험
  6. 무과실의료사고보상제도
  7. 입증책임의 전환
  8. 평가
 IV. 의료분쟁의 바람직한 해결
  1. 의료분쟁 해결과정
  2. 의료분쟁해결의 기본 전제 및 기준
  3. 의료분쟁해결의 현황과 바람직한 해결
 V. 입증책임전환 법리의 법제도화의 타당성
 VI. 결론
 참고문헌
 ABSTRACT

키워드

저자

• 조형원 [ Hyong Won Cho | 상지대학교 보건과학대학 의료경영학과 교수,법학박사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  의료법학 [THE KOREAN SOCIETY OF LAW AND MEDICINE]

• 간기

  계간

• pISSN

  1229-8069

• 수록기간

  2000~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 517 DDC 613