영리법인 의료기관 개설권 문제에 관한 소고 = A Study on the Establishing Entitlement of For-Profit Medical Corporations

다국어 초록 (Multilingual Abstract)

This study conducted background and institutional discussions related to permission of for-profit medical corporations. To this end, it analyzed the majority and minority opinion of recent judgement of the Constitutional Court and drew an issue as the premise of discussion. According to the discussion of the Constitutional Court, the ultimate issue of permission of for-profit medical corporations is whether the establishing and operation of medical corporations as well as doctors` medical practice have logical and inevitable relations in terms of commerciality. The majority opinion accepts such a logical and inevitable relationship so it sticks to the opinion that it doesn`t need to permit for-profit medical corporations in order to improve quality of health care and secure publicness. However, the issue of establishing and operation of medical corporations is not necessarily related to doctors` medical practice, and furthermore such a fact can be found in that more than half of medical corporations and sickbeds are operated by for-profit private hospitals. Based on the analysis, this study reapproached two aspects such as the aspect of the establishing and operation of medical corporations to secure publicness and the aspect of doctors` medical practice. First of all, regarding the establishing and operation of medical corporations, nonprofit medical corporations asserted the need of supervision and regulation to intensify publicness that they pursue originally as well as incentive to attract it. For-profit medical corporations asserted that interior control governance of the health care needs to be made in a right way from the opinion that health care itself should have publicness although the for-profit corporation pursues commerciality. In addition, they said that when it comes to doctors` medical practice, this issue should approach the aspect of legal and ethical control about doctors` medical practice, not the issues including the establishing entitlement of medical corporations and such control is based on the background of professionalism.