판례분석을 통한 한방의료행위개념의 법적 근거 고찰 = A Study on the Legal Aspect of the Concept for Medical Practice in Korean Medicine through Cases Analysis

다국어 초록 (Multilingual Abstract)

Objectives : The lawsuits associated with medical practice in Korean medicine are increasing gradually. However, the clear definition for medical practice in Korean medicine has not been existed in Korean law. Only we may understand the concept regulated by judicial precedents of the court of justice or the authoritative interpretation by the government.
Methods : For study, a database was established for medical lawsuits involving Korean medicine(1968∼2009, n=130).
Results : According to court rulings, the medical practice in Korean medicine is an act to diagnose a person's illness, prescribe and treat to cure based on traditional Korean medicine, to be understood as a medical care, to have some factor to create or increase danger for the preservation of health or hygiene, and to be practiced by medical specialists based on their professional knowledge.
Conclusions : But, such definition is not proper and exceedingly vague. Besides medical circumstances Koreans Medicine are changing, and new precedent to the definition of the practice of medicine is establishing. Therefore the meaning and scope of the medical practice in Korean medicine should be modified and amended, reflecting these conditions.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. 본론
• Ⅲ. 결론
• Ⅵ. 참고문헌

참고문헌 (Reference)

1 박용신, "한방의료와 의료법" 도서출판 열린아트 2008

2 이해웅, "한방 의료분쟁과 한의사의 적절한 진료 가이드라인에 대한 고찰" 대한동의병리학회 20 (20): 1749-1762, 2006

3 김종규, "척추수술 후 증후군 환자에서의 근육내 자극요법" 대한통증학회 16 (16): 60-67, 2003

4 곽명섭, "의료행위 개념의 법제화 논의과정에 대한 고찰" 한국법정책학회 7 (7): 65-81, 2007

5 이만우, "보건의료정책의 관점에서 ‘간호법’ 제정 논의" 3 (3): 113-120, 2005

6 전세일, "대체의학의 소개, 재활치료" 계축문화사 1998

7 "Ministry of legislation"

8 Lee SD, "Legal Sociological Construction of the Concept of Medicine" 27 : 101-128, 2008

9 "Lawnb, Inc"

10 Lee JW, "A Study on the Medical Practice" 16 (16): 171-187, 2007