의료사고 무과실보상제도와 도입방향에 대한 연구 = A Comparative Legal Study on the No-Fault Medical Accident Compensation System and Directions for Introduction

다국어 초록 (Multilingual Abstract)

The current legal framework regarding medical malpractice is based on the principle of fault liability, which has resulted in persistent gaps in substantive relief for victims. Furthermore, the trend toward litigation in medical disputes is causing adverse effects, such as weakening trust between doctors and patients and entrenching defensive medical practices. Although the scope of compensation for force majeure medical accidents has recently been expanded from existing childbirth accidents to "high-risk essential medical acts designated by the Ministry of Health and Welfare," thereby strengthening state responsibility for essential medical care, limitations have emerged in that the scope of application is excessively narrow and fails to include victims of general medical accidents.
In this regard, this study aims to provide practical implications for Korean legislative theory by examining the no-fault compensation system for medical accidents from a comparative legal perspective. Specifically, after systematically establishing the theoretical basis and types of no-fault compensation, the study analyzed the structure and function of liability-complementary fund models, focusing on the introduction process of Germany's Patient Compensation Fund (PatEHF) and Austria's operational experience spanning over 20 years, centering on recent trends in foreign legislation. Based on this, the study seeks to propose directions for designing a system suitable for the Korean context. In conclusion, based on a comparative legal review, this study proposes a dual system that utilizes a fund complementarily while maintaining liability for negligence.
In conclusion, for successful system design, it derives implications by identifying the stipulation of clear compensation requirements, the establishment of a diversified financing system, the setting of a rational principle of subsidiarity, the provision of rapid and accessible procedures, and linkage with the medical safety system as key elements, and urges the establishment of a system that provides a more stable clinical environment than the conflicts arising from medical disputes.