An Analytical Study on Medicine & Medical Affairs Law of Korea

우리나라 의료법규의 문제점과 개정방향

The objectives of this research are (i) to review the legal nature of medicine & medical affairs law, (ii) to identify legal defects in terms of the adequacy and feasibility of its provisions and in terms of the structural order among related laws and acts, and (iii) to find out a rational way for revision of the law. Major findings of this research are as follows: 1) The main defects of the Medicine & Medical Affairs Law of Korea are shortcomings of provisions necessary for securing people's right as well as medical practitioner's responsibility and in adequacy to its post as a mother-law in medical fields. 2) Some provisions of the law are inconsistent with other laws and acts, especially with Health Insurance Law. 3) Medicine & Medical Affairs Law of Korea is required to be totally revised in order to keep up with situational changes and to function as a mother-law in its field. On the basis of these findings this study suggests that all the concerned parties would cooperate to renew the law into very sound feature of the mother-law in health field.