수술실 CCTV 설치에 따른 기본권 침해 및 필수의료 붕괴에 관한 의사들의 인식 = Doctors’ perception on the infringement of basic rights and the collapse of essential medical services following CCTV installation in the operating rooms

다국어 초록 (Multilingual Abstract)

Background: On September 25, 2023, the law requiring the mandatory installation and operation of closed circuit television (CCTV) in the operating room went into effect. In this study, doctors’ perceptions of the law were re-examined on September 23, 2023 (just prior to the law’s enforcement), following a survey conducted on July 21, 2021 (before the re-examination of the bill). This study aimed to confirm doctors’ perceptions of the infringement of fundamental rights of this law, the collapse of essential medical services due to the avoidance of surgery, and other concerns and priority solutions ahead of the law’s enforcement.
Methods: The survey was conducted from 8 to 18 September, 2023, by the Korean Medical Association Doctor Survey; a total of 1,267 doctors responded to the survey.
Results: Out of 1,267 respondents, 1,156 (91.2%) said “yes,” and 111 (8.8%) said “no” to issue concerning constitutional violations of fundamental rights–such as the freedom of medical personnel to practice their profession–and moral rights. A total of 1,149 (90.7%) respondents agreed with the concern regarding the collapse of essential medical care due to the avoidance of surgeons.
Conclusion: Sufficient guidance should be provided, along with guidelines that provide explicit standards for the installation and operation of the CCTV systems, along with safety management measures. Medical disputes and the heavy legal responsibility of medical personnel are the main reasons as to why essential medical care collapses, given the avoidance of surgery. Medical disputes should be avoided in order to prevent essential medical care collapse, as the video is used as evidence for criminal sanctions.

참고문헌 (Reference)

1 김강현, "인권과 감시의 정책 딜레마와 제도화 : 수술실 CCTV 의무화의 담론" 국회입법조사처 13 (13): 5-36, 2021

2 전현욱, "수술실 내 CCTV 설치에 관한 규범적 검토" 한국형사정책학회 33 (33): 181-208, 2021

3 임지연 ; 임선미 ; 김계현, "수술실 내 CCTV 설치·운영 의무화 법안에 대한 의사 인식 조사" 대한의사협회 65 (65): 79-84, 2022

4 임지연 ; 김계현, "수술실 내 CCTV 설치 의무화 법안의 향후 과제" 대한의료법학회 22 (22): 185-210, 2021

5 정유석 ; 연준흠 ; 강봉진, "수술실 CCTV법 시행을 앞둔 수련병원 의사들의 견해" 한국의료윤리학회 25 (25): 193-220, 2022

6 김성은 ; 최아름 ; 백경희, "수술실 CCTV 설치의 쟁점과 입법방향에 관한 소고(小考)" 대한의료법학회 22 (22): 111-138, 2021

7 김민지, "수술실 CCTV 설치 및 운영에 대한 고찰" 대한의료법학회 20 (20): 109-132, 2019

8 Ko JM, "The aftereffect of the Act on the Installation of CCTV in the operating room? Increasing avoidance of surgical majors"

9 "Petition for Constitutional Review 2023 Heonma 1046"

10 Choi JM, "Medical student’s letter to Democratic lawmakers, “My colleagues are beginning to avoid surgery more"

11 Kim BK, "Mandatory operating room CCTV, violation of medical personnel’s personal rights" Korea Medical Association

12 Lee SD, "Legislative Research Service “The reasons for refusing to film operating room CCTV must be specified"

13 Lim JY, "Issues of the bill mandatory CCTV installation" 2019

14 Ministry of Health and Welfare, "Installation and operation of operating room CCTV to prevent illegal activities in the operating room"

15 "Installation and Operation of Closed-Circuit Television Cameras in Operating Rooms Article 38-2, Medical Service Act No. 18468"

16 "Enforcement Rules of Medical Service Act Article 39-9, 39-10, 39-11, 39-12, 39-13, 39-14, 39-15, 39-16, 39-17"

17 Lim JY, "A survey for doctors’ consciousness on the bill mandating CCTV installation in operating rooms" 2021