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KMID : 0387320120220030315
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Korean Journal of Health Policy and Administration
2012 Volume.22 No. 3 p.315 ~ p.346
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The Rights of Patients as Consumers
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Kwon Yong-Jin
Son Sang-Sik
Lim Young-Deok
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Abstract
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The legal relationship between patient and physician is legally equal relationship. But, in times past, patients be compelled to sign an unequal contract, substantially. Because of the imbalance between supply and demand in the health care market. Today, the law of supply and demand in the health care market is running well. And as the cognition of citizens’ rights grows, the relationship between patient and physician can also get a lot of changes. Patients have the right to know the information about medical care, and to decide whether or not to get treatment including invasions against their own bodies. In other words, Doctors have an obligation to explain to their patients. If doctors did not provide patients sufficient explanation or information, it violates the right of patients. This is a tort, or a breach of contract. To improve the remedy for violation of patient’s right, patient is able to be protected by status as consumer. If patient is a kind of consumer in terms of medical consumption, he/she as consumer can enjoy supplementally the consumer’s right. The patient as a consumer can exercise now a consumer’s right as a constitutional right. In addition, with respect to consumer’s rights,
Framework Act on Consumers was enacted. This Act is based on constitutional provisions of Article 124 and the Act can be seen as a law that embodies consumer right because the provision of the constitutional law delegates specific contents. In the health care field, patients need to win recognition the statue of the consumer to hold the sovereignty of the consumer. In particular, if patients are consumers, they may be able to make good use of the quickly and efficiently collective dispute resolution and association lawsuit to rescue their damage, the Alternative Dispute Resolution(ADR) of Framework Act on Consumers.
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KEYWORD
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Patient’s rights, Consumer’s rights, Right of self-decision, Framework Act on Consumers, Obligation to explain
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