Earticle

초록

영어

Medical Dispute Arbitration Law had been debated on its legislation several times since Korean Medical Association's submission of the bill to the National Assembly in 1988, eventually in December, 2009, passed the National Assembly Standing Committee and was laid before the Legislation and Judiciary Committee, and thus its legislation is now near at hand. During the long process, it has provided a hot issue with our society. And yet, Medical Dispute Arbitration Law has differed considerably in legislative content depending on the main body of proceeding the enactment, which subsequently was given the mixed comments of ‘Act on Malpractice-related Damage Relief’ or ‘Medical Indemnity Act', and this legislative bill also cannot be free from this debate. It is desirable that medical disputes between doctors and patients be resolved through conciliation between the parties concerned. But, because reaching a compromise is difficult owing to deep emotional conflicts between the parties, difficulties in investigating a cause and requiring a high amount of settlement money, etc., it is inevitable to seek a resolution by third party intervention. By the way, such an arbitration by third party is based on the compromise of the interested parties and thus has a limitation of not being able to satisfy both parties completely. Therefore, the legislative bill made for arbitration of medical disputes between the parties will have to prepare an institutional system for the parties to easily understand and accept. Also, problems occurred in the legislative bill will have to be corrected through an in-depth discussion in order for the legislative bill to work as an effective system.

목차

I. 서론
  1. 의료분쟁조정법안의 제정에 즈음하여
  2. 본고의 논의대상
 II. 의료분쟁해결을 위한 조정제도
  1. 사적(私的) 조정
  2. 행정위원회에 의한 조정제도
  3. 법원의 민사조정제도-법원조정센터
  4. 새로운 대안의 모색과 반성적 고려
 III. 의료분쟁조정중재원에 의한 의료분쟁해결제도
  1. 분쟁조정기구
  2. 의료분쟁의 대상
  3. 조정 및 중재절차
 IV. 의료분쟁조정법안의 특징
  1. 의료분쟁의 신속한 해결 및 안정적 진료환경조성
  2. 의료분쟁의 이원적 해결-임의적 조정전치주의
  3. 의료분쟁 해결방법의 다원화-조정, 중재
  4. 기구의 이원화-의료분쟁조정위원회, 의료사고감정단
  5. 과실배상책임주의, 예외적 무과실보상
  6. 입증책임의 분배-직권 증거조사
  7. 손해배상금 대불제도
  8. 형사처벌특례-피해자의 의사존중
 V. 의료분쟁조정법안의 민사법적 문제점
  1. 조정기구의 중복
  2. 임의적 조정제도의 한계
  3. 각하사유에 대한 검토-조정을 위한 노력
  4. 조정중재원의 독립성
  5. 감정부의 기능과 역할-입증책임원칙 위배
  6. 소송을 위한 증거수집 절차로 전락할 가능성
  7. 과실배상보다는 무과실 보상의 가능성
  8. 손해배상금 대불제도-채무변제대행기관으로의 전락가능성
 VI. 결론
 참고문헌
 ABSTRACT

키워드

저자

• 전병남 [ Jeon Byong Nam | 변호사, 법학박사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  의료법학 [THE KOREAN SOCIETY OF LAW AND MEDICINE]

• 간기

  계간

• pISSN

  1229-8069

• 수록기간

  2000~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 517 DDC 613