Earticle

초록

영어

This article analyzes legal meaning and definition of medical practice examining Korean Supreme Court cases. Until now, there is no right answer about the meaning of medical practice and it is also hard to define of it. Moreover, not only Acts and regulations containing medical practice but also many cases ruling a person who practice medicine, the concept of medical practice involves various meanings. So, it has caused confusion. In order to solve this problem, this article divides the medical practice's meaning into range and nature within prohibition article of the Medical Act about unlicensed personnel who prac1. tice medicine. After providing a explanation of the meaning of medical practice according to amendment of the Act, this article disputes the meanings of the several cases following the amendment. And then analyzing non-medical person's unlicensed medical practice and medical person's unlicensed medical practice. In order to provide more accurate legal concept of medical practice when Korean government amends the Medical Act or making policies in this field, this classifying analysis approach should be needed. Looking at the result, in general, Korean Supreme Court has interpreted unlicensed prohibition clause of the Medical Act widely; not only non-medical person's unlicensed medical practice but also medical person's unlicensed medical practice. Therefore, this article suggests that the prohibition clause needs to be careful applying to non-medical practice. Because, in fact, even though there are some necessity of non-medical practice, there are no qualificatory or license system of non-medical practitioner in the Medical Acts or regulations forbidding whole non-medical practices. Furthermore, the Supreme Court has decided medical person's unlicensed medical practice too narrowly, thus it does not keep up with rapid change of medical development and people's demands these days. Regarding this subject, in order to take advantage of medical practitioners effectively and cope with increasing people's medical demands, this article proposes that medical person's unlicensed medical practice only to be prohibited in case of endangering our public health.

목차

I. 들어가며
 II. 용어의 정리
  1. 본고에서 사용할 용어
  2. 각 개념의 구별기준
 III. 무면허의료행위 금지에 관한 판례의 태도-일반론
  1. 무면허의료행위 금지규정의 개정 연혁
  2. 무면허의료행위 금지에 관한 판례의 변화 과정
  3. 헌법재판소의 입장
 IV. 비의료인의 무면허의료행위
  1. 의제의료행위
  2. 의료인접분야 자격자의 의료행위
 V. 의료직역 사이의 업무 영역
  1. 전반적인 고찰
  2. 한의사와 의사, 치과의사 사이의 업무영역
  3. 의사와 치과의사 사이의 업무영역
  4. 의사와 조산사, 의사와 간호사 사이의 업무영역
 VI. 정당행위
 VII. 맺으며
 참고문헌
 ABSTRACT

키워드

저자

• 노태헌 [ Noh, Tae-Heon | 서울중앙지방법원 ]
• 이숭덕 [ 서울대학교 ] 지정토론

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