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초록

영어

It has become a general idea today that the characteristics of medicine should be considered as a basis when discussing a medical personnel’s duty of care and whether or not it has been violated, and when discussing its duty of explanation and whether or not it has been fulfilled in medical practice. However, in the discussion of its characteristics, some shortcomings still exist, so the need for a re-discussion has been raised. Firstly, existing discussions on characteristics have failed to comprehensively grasp and explain the characteristics of medical practice. Secondly, in some researchers’ arguments, there are discrepancies between the terms used to express characteristics and their conceptual definitions or content. Thirdly, the lack of exemplified cases that reflect the characteristics of medicine - especially Supreme Court precedents - has led some to think negatively about the recognition and reflection of certain characteristics. In my early writings, I have described five characteristics of medical practice: ‘conflict in medical goals’, ‘initiating appropriate medical actions (progression of illness)’, ‘dynamics of medical intervention (diversity of symptoms)’, ‘diversity of medical effects’, ‘inherent risk of medical treatment (invasiveness)’. In this paper, keeping in mind the reasons for the need for reconsideration, I aim to analyze the characteristics of medicine in detail and cite key parts of representative Korean Supreme Court precedents that reflect each characteristic. The characteristics of medicine extracted from this paper are; There are ten factors, including the legitimacy of the essence of medical practice, timeliness of medical execution, dynamics of medical progress, diversity of medical effects, risk of medical invasion, non-uniformity of medical methods, limitations of medical capabilities, intervention of the medical subject, high degree of medical standards, and maldistribution of medical data.

목차

1. 의료본질의 정당성(목적의 이타성)
2. 의료시행의 시기성(병변의 진행성)
3. 의료진행의 동태성(증상의 다양성)
4. 의료효과의 다양성
5. 의료침습의 위험성
6. 의료방법의 비단일성(요법선택의 재량성)
7. 의료역량의 한계성
8. 의료대상의 개입성
9. 의료규준의 고도성(의료행위의 전문성)
10. 의료자료의 편재성(진료상황의 밀실성)
〔 참고문헌 〕
=ABSTRACT=

키워드

의료행위 특질 의료의 정당성 시행의 시기성 진행의 동태성 효과의 다양성 침습의 위험성 방법의 비단일성 역량의 한계성 대상의 개입성 규준의 고도성 자료의 편재성 Characteristics of medicine duty of explanation duty of care legitimacy of medical practice timeliness of medical execution dynamics of medical progress diversity of medical effects risk of medical invasion non-uniformity of medical methods limitations of medical capabilities intervention of the medical subject high degree of medical standards maldistribution of medical data.

저자

• 석희태 [ HeeTae Suk | 법학박사 경기대 법대 명예교수, 전 연세대 의대 객원교수 ]

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