Earticle

초록

영어

Korea Medical Dispute Mediation and Arbitration Agency, “K-MEDI” in abbr. herein-after, is established on Apr. 9, 2012 according to the law cited in the title above for the purpose of settling medical disputes in a prompt, fair and efficient manner. Two special professional organizations are established in K-MEDI, one of them is Medical Dispute Mediation and Arbitration Committee(hereinafter referred to as the “Mediation Committee”) and the other Medical Malpractice Appraisal Board(hereinaf-ter referred to as the “Appraisal Board”), the mission of the latter is to investigate the facts concerning the disputed medical conduct and to research as to and apprai-se whether the medical conduct was negligent and whether a causal relationship exists. Each panel organized in the Mediation Committee or the Appraisal Board shall be comprised of five mediators or appraisers, including necessarily a judge or a prose-cutor respectively and any disputed case regardless of the scale, the importance or the complicacy shall be handled by a panel. As the system is not thought efficient or economic, the number of the members comprising a panel or total members com-prising the Mediation Committee or the Appraisal Board shoud be adjusted, and the process shoud be versified, including the “Rapid Process,” for instance. A petition for the mediation of a medical dispute shall be rejected if the respondent fails to notify K-MEDI of his/her intention to accede to the mediation within 14days from the day on which the petition for the mediation was served(Art. 27 Cl. 7). As the option of an arbitrary decision whether the mediation proceedings shall be commenced or not given to the respondent by the clause is thought unfair, making the process unstable, and moreover, diminishing the purpose of the system established by the law cited above for solving the medical disputes, the clause shoud be amended not to allow the respondent the option of such an arbitrary deci-sion. K-MEDI shall conduct the “Program for Compensation of Medical Accidents”(Art 46) according to which unavoidable injuries caused by the medical accidents in the cour-se of childbirth and the “Advances for Damages”(Art. 47) that are the compensa- ting moneys paid to victims in medical malpractice cases who fail to receive money at all or partly from the operator or the professional of a public health or medical institution although he/she has a final and conclusive right to be paid by them. Some operators or professionals of such institutions claim that both the programs violate their fundamental rights assured by the constitution, and that it be a justifica-tion of refusal to accede to the mediation. As any of the programs needs not to be conducted by K-MEDI, it may be a proper solution to change the conductor of the programs to avoid the unproductive controversy. (The expression of the title and the contents of the Act is cited from www.klre.re.kr.)

목차

I. 머리말
 II. 조정제도의 특성에 따른 문제점 및 개선 방안
  1. 조정제도의 특성
  2. 제도에 대한 당사자의 이해 부족과 개선 방안
 III. 기구의 구성에 관련된 문제점 및 개선 방안
  1. 의료분쟁조정위원회
  2. 의료사고감정단
 IV. 조정절차에 관련된 문제점 및 개선 방안
  1. 대리인의 범위 문제
  2. 조정참여 의사 통지 요건의 문제
  3. 조정절차의 기능적 구분 필요성
  4. 조정결정에 대한 동의 기간
  5. 소멸시효 관련 문제
 V. 기타 사항
  1. 대불제도
  2. 불가항력적 의료사고에 관한 보상
 VI. 맺음말
 참고문헌
 ABSTRACT

키워드

조정부의 구성 감정부의 구성 위원의 정원 절차의 효율성 신속절차 조정참여 통지 The number of the members comprising a panel Total members comprising the Medi-ation Committee or the Appraisal Board Efficiency of the process “Rapid Process ” to accede to the mediation.

저자

• 황승연 [ Hwang, SeungYun | 한국의료분쟁조정중재원 상임 조정위원 ]

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