Earticle

초록

영어

In the case of Korea, both of modern medicine and oriental medicine are admitted as medical practices in the system. In other words, healthcare system is dualized. However, medical practice that corresponds to oriental medicine in Korea is substitution of medical practice in cases of foreign countries. For use of medical devices, it is provided only for doctors and medical technician relevant to use. Particularly, although oriental medicine is recognized as orthodox medicine in terms of the features of Korean medical system, superintendency of oriental doctors is not identical with that of doctors for use of medical devices and superintendency toward medical technicians. Recently, Cheongju District Court decided that superintendency of oriental doctor upon physical therapist is not acknowledged. It can be said that the judgement is opposed to the original verdict which judged that oriental doctors' employment and guidance of oriental doctors upon physical therapist is permissible. Hence this study aimed to review on domestic medical law system, which is dualized, roles of medical professionals, intent of the medical license system, provisions related to medical technician law and relevant precedents. Regulations on practices other than licensed practices by medical professionals are made because medical practices may affect on danger toward life and body of human and public health also. Therefore, the nation regulates medical professionals having licenses to perform medical practices within the range of the licenses. It is clearly prescribed that medical technicians may perform medical practices under instructions of doctors or dentists pursuant to the medical technician law. In addition, the court also judges that it is out of the license of oriental doctors if they use CT devices and limits the use of modern medical devices by oriental doctors. That is to say that it limits oriental doctors' employment of medical technicians and pursuant of oriental doctors on medical technicians as well.

목차

I. 서론
 II. 사안의 개요
  1. 사실관계
  2. 원심의 판단
  3. 대상판결의 요지
 III. 논점
 IV. 이원적인 의료체계와 의료인의 업무영역
  1. 국내 의료체계의 특수성
  2. 의료인의 업무영역의 구분
  3. 의료인의 업무범위
  4. 의료인의 면허범위 외의 행위에 대한 규제
 V. 물리치료사의 업무범위 및 한계
  1. 의료기사 제도의 취지 및 의료기사 지도권에 대한 제한
  2. 물리치료사의 업무범위
  3. 일본의 물리치료사 업무범위
  4. 판례의 입장
 VI. 결론
 참고문헌
 ABSTRACT

키워드

저자

• 김한나 [ Kim, Han Nah | 대한의사협회 ]
• 김계현 [ Kim, Kye Hyun | 대한의사협회 ]

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