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의생명과학과 법

간행물 정보
  • 자료유형
    학술지
  • 발행기관
    원광대학교 법학연구소 [THE LAW RESEARCH INSTITUTE WONKWANG UNIVERSTIY]
  • pISSN
    2092-8599
  • eISSN
    2508-5727
  • 간기
    반년간
  • 수록기간
    2009 ~ 2025
  • 등재여부
    KCI 등재
  • 주제분류
    사회과학 > 법학
  • 십진분류
    KDC 360 DDC 340
제10권 (7건)
No

연구논문

1

Medical malpractice means that is caused by medical professional to harm in medical process, preterm birth, nursing process or health hygiene. It is wrong or mistake in Medical personnel of the average level who had lazy own's duty to take caution. This is an accident of medical malpractice due to medical malpractice. The medical malpractice case, because it is a concept that encompasses up to something that is not litigation, rather than the concept of medical malpractice litigation, is a comprehensive concept. Unlike the general case, it is an area that requires highly specialized knowledge. In that case, the process of the medical know only patients, families and a doctor. In addition, medical technology for achieving the result of the treatment it depends on the discretion of the doctor. Therefore, the direct cause of loss whether the negligence of a medical doctor has the characteristic only know doctor. In particular, If an accident of medical malpractice is litigation, that has important implications in connection with the information. For liability due to malpractice, it can be divided into criminal liability and civil liability. Civil liability has an object that compensate for damage on relief of victims in relation to person-to-person. In contrast, criminal liability is that it is an object of national sanctions that punishment to pursue the anti-norms of the actors about certain acts in relation to state-to-nation. In this way, Criminal liability and civil liability are different in nature and purpose. Therefore, it is not necessarily responsible to occur at all times to individual medical malpractice. In modern society, it is expanding to the part of the recognition to medical practices that were not considered in the past. As a result, medical malpractice cases increased year by year, damages case of medical malpractice is also increasing. In this paper, we understand the characteristics of a medical malpractice case that is a prerequisite of medical malpractice litigation has increased gradually, and I examine what is the cause of the claim's legal structure of the theory for overcome about difficulties of medical malpractice's evidence.

2

The science is currently involved in a very sensitive part of our lives with the strong influence, especially bio-engineering plays a significant role in the various areas such as the crops, bio-fuels reduction, bio-remediation of environmental pollution and pharmaceutical production. Against this backdrop, we are living in the era of Biotechnology(BT) revolution in the 21st century and also historically facing a serious aspect. While it is difficult to refuse unlimited benefits from biotechnology, at the same time it also gives us moral, ethical and legal dilemmas. There are confrontation of opinions regarding Genetically Modified Organizations(GMO). Internationally it is considered alternative for resolution of food shortage problem. On the other hand, since the safety for human health and the environment has not been proven, some say that it should be certainly regulated in accordance with the Principle of Precautionary Approach. International discussions for advanced prevention of potential risks to health safety and environment hazard implied in GMO are underway, and several countries in the world such as the European Union, United States and South Korea enacted its GMO-related laws. The specific agreement related to institutional safety, however, still has not been provided, so in-depth studies are needed. Even though the EU has more conservative attitudes about GMO, there is unexpected dispute such as in the case of 'Amflora', furthermore the status of the European Food Safety Authority(EFSA) is now under discussion. South Korea also has the three basic objectives about agricultural biot echnology and pushes ahead with them, making a lot of efforts to GMO. In order to protect our safety and environment as to GMO matters, our o wn institutions and method are needed in view of the actual circumstanc es, because it seems that institutions establishment for the safety assura nce can be a good alternative not only for securing the consumer confid ence about GMO but also inevitable risks which may occur in the future.

3

The criminal law has maintained its firm stand against withdrawal of meaningless life-sustaining care from the view of so-called "the principle of absolute protection of human life". There have on the one hand been angles arguing that such perspective of the criminal law does not coincide with the reality but does only add extra burden on the part of patients' families and even medical staff as well, worsening their legal stability and possible anticipation in their living. On the other hand, there have been positions claiming that it would be too early to introduce withdrawal of meaningless life-sustaining care like shock therapy in theoretic as well as real terms. Lots of debates have already been well under way about the death with dignity along with the issue of euthanasia in Korea but have not met any positive approaches toward its solution. In this midst, the Supreme Court of Korea provided recently a criterion for death with dignity on the occasion of its first decree allowing such death. This measure is widely accepted as a representative example of 'judicial activism' with which the court ventured to stop gap between incomplete legislation and real situation by means of positive interpretation of laws in consideration of social pressure to see the death with dignity allowed whereas the National Assembly and the Administration have been overtly conscious of the public opinion. The euthanasia is various legal issue raises some profound questions regarding life and death, process of guiding a person who has entered into the steps of death to a natural death by cases of medical treatment which has been prolonging such person. It is wise to move toward respecting patients personal choice and to take policy measures as soon as possible, the present might be the right moment to make legislation about euthanasia for the sake of human dignity. This controversy has been taboo for too long, legislation should be worked out through a broad collection of public opinion and references to successful foreign regulation and practices need to be continued in this context, that presumptive consent will be the main theory in the case of case life-prolong treatments.

4

Medical records are very important records and should not be modified after creation. The current medical records are liable to improper modification. With the development of information technology, electronic medical records (EMR) are used widely. For the EMR, cryptographic primitives may be used to develop techniques to prevent medical record modofication. The introduction of electronic medical records in Korea began in late 1990. Medical Law(Rev. 2002) allowed that electronic documents instead of paper records to be created and kept. The creation and storage of the electronic medical records is an important issue as important in the writing and storage of medical records. Someone proposed that the Trusted Third Party(TTP) may play a important role of ensuring the safety and reliability. But, there are still several problems and anxiety about the storage of Third Party. Medical Law prohibit that non-physician create and keep medical record. And despite of the benefits of digitization of medical records, because of lingering information leakage and hacking, the possibility of modulation, measures to ensure the safety and reliability shoud be still discussed.

5

Seongbuk-Gu is the first place in Seoul that insist the practice of 'the United Nations Convention on the Rights of the Child' since the fifth election of local self-government, and obtained officially certification of ‘Child Friendly Cities’. This policy is especially important to ensure children's right to education and health. The so-called ‘free’ of constitutional compulsory education means the supply of free meals, and it started form Seoul and already covered all primary schools in Seoul now. Compulsory education institutions also include middle school, it will establish a good education and school management model on the condition of offering free meals by middle school step by step. This system for stable supply of safe food will promote a establishment of the sustainable development society. As the three part, such as officials, schools and parents participate this system directly Seongbuk-Gu can declare NON-GMO in school lunch. This declaration has very important meanings, This is the first NON-GMO declaration in school lunch in our country. In addition, this will make sustainable agriculture possible. This is the cornerstone of the food sovereignty because it will focus on the our agriculture system, seeds, culture etc.

6

With the purpose of protecting disadvantaged groups, there has always been a tendency of blaming the doctor’s negligence and ignoring the patient’s fault in medical malpractice dispute. Medical treatment is healing disease. Therefore, the cooperation between doctors and patients are extremely important. Medical contract has clearly pointed out that patients have obligation to cooperate with the doctor's treatment. The court acts an important role in dealing with indemnification for patient’s fault. Although it is considered about patient's self-discipline, the treatment should be more suitable. Analyzing what legal liability the patients should take for their fault, discussing the view and content of medical malpractice compensation system are in order to research patient’s responsibility and coverage. Patients should do as doctors prescribe. It is not wise to blame doctor for patient’s own faults. Therefore, the law should base on understanding of patients choice and individual cases. This thesis focuses on the medical malpractice compensation system and cases, analyze the phenomenon about patient ignoring of doctor’s advice, refusal treatment, etc. which are violation of obligation in medical cooperation.

7

부록

원광대학교 법학연구소

원광대학교 법학연구소 의생명과학과 법 제10권 2013.12 pp.165-189

 
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