Earticle

초록

영어

Promulgation of the medical practice rule without specific definition in Medical Law has brought about many constitutional issues. The major issue is that the law has the government punish unlicensed medical practice without defining what it is. Instead, the law chooses a license-centered structure of criminal punishment for medical malpractice, saying “no one can practice medicine without the government-approved license.”This regulation violates the rule of “void for vagueness” based on the principle of “nulla poena nullum crimen sine lege.” Judicial interpretation should be required for a citizen to understand the Medical Law provision intuitively. In addition, the law infringes upon the freedom of occupation of the unlicensed and the licensed who wish to extend his or her practice area for “holistic medicine.” The central issue of the law is that it was established under no ground of professionalism even though medical practice has been understood professional. The government has centrally controlled the medical field for its needs. Lastly, the current law violates the right of medical selection of the consumers of medicine. Because patients have the right of health and life, they have to hold the latitude of selection for medical treatments. Especially, they should have an opportunity for considering the Complementary and Alternative Medicine if they want. But under the current rules, this medicine is not permitted. To correct those problems, a new provision for the definition of medical practice should be adopted at once.

목차

I. 서론
 II. 명확성의 원칙
  1. 헌법재판소 결정 내용
  2. 선행연구에서의 비판
  3. 사견(문언 해석에 의한 추가 비판)
 III. 직업선택의 자유(의료인 국가 관리 체계)
  1. 헌법재판소 결정 내용
  2. 의료인 면허제도(법제사적 접근)
  3. 프로페셔널리즘(professionalism) 지배 하의 의료 직역
  4. 의료 직역에 대한 이상적 규율 모형
  5. 입법부작위의 문제
 IV. 환자의 의료 선택권과 건강권 및 생명권
  1. 의료행위 선택권
  2. 환자의 건강권 및 생명권
 V. 결론을 대신하여: 의료행위 규정의 제안
 참고문헌
 ABSTRACT

키워드

저자

• 장철준 [ Chang, Cheoljoon | 단국대학교 법과대학 조교수, 법학박사(J.S.D.). ]

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