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초록

영어

In the medical malpractice cases, a patient injured by medical malpractice has to prove a wide variety of damages. The most common examples are loss of enjoyment of life, physical and mental pain and suffering, and loss of future earning capacity. And due to complicated medical evidence and juries’ tendency to support doctors and hospitals, medical malpractice lawsuits are difficult to win. Most law experts would agree that the current medical malpractice system in Korea does not work effectively either to adequately and fairly compensate the victims or prevent injuries caused by medical errors. After many discussions, the National Assembly finally passed the Bill on Malpractice related Damage Relief and Medical Dispute Resolution on March 11, 2011. And the Korea Medical Dispute Mediation and Arbitration Agency (KMDMAA) was established on April 8, 2012. This act aims to secure just, speedy and inexpensive resolution of medical disputes, focusing on alternative dispute resolution (ADR) procedures. Especially, in this act exceptional clause on criminal punishment has been introduced in order to encourage the active participation of doctors in the procedures of a medical dispute mediation and arbitrations. Nevertheless, this aim might be hard to achieve. On the contrary, this punishment-exception has been criticized that it brings about only negative changes in criminal liability. The purpose of this article is to explore the change of the criminal liability by the introduction of no punishment against victim’s will in Act on Medical Dispute Mediation. This thesis consists of four main parts: Ⅰ. Introduction, Ⅱ. An overview of exceptional clause on criminal punishment in Act on Medical Dispute Mediation, Ⅲ. Effectiveness of exceptional clause on criminal punishment and change in criminal liability, Ⅳ. Conclusion.

목차

Ⅰ. 들어가는 말
 Ⅱ. 의료분쟁조정법상 형사처벌특례제도의 주요 내용
 Ⅲ. 의료분쟁조정법상 형사처벌특례제도의 실효성과그 도입에 따른 형사책임의 변화
 Ⅳ. 맺는 말
 참고문헌
 ABSTRACT

키워드

의료분쟁조정법 형사처벌특례제도 반의사불벌죄 의료분쟁 의료과오 회복적 사법 Act on Medical Dispute Mediation Exceptional Clause on Criminal Punishment No Punishment against Will Medical Dispute Medical Malpractice Restorative Justice

저자

• 김재윤 [ Kim, Jae-Yoon | 전남대학교 법학전문대학원 교수, 법학박사. ]

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