In Present, the Korean Laws on the medical field are very limited in securing medical organizations’ autonomy and not much rationale in context. The main purpose of this study is to examine the current situation of the laws related to the
regulations on medical organizations and suggest its direction to the reform for better system. In order to carry out this study, we first examined the government regulations theoretically and the current situation of medical organization. Then, the laws related to the regulations on medical organizations were divided into two categories: laws related to the management and laws related to the taxes. Finally, I presented the reforming plans concerning on the present legal regulations on medical organizations in order to revitalize the public function of medical organizations and strengthen their competitive power. First, in the law concerning human resources management, it should be reviewed by concentrating on the Medical Practice Law where the unrealistic capacity regulation of medical personnels is defined. In the law concerning hospital affairs management, the study will concentrate on insuring the substantiality of the health insurance, relating to recent reforming action of national health insurance. Moreover, since the most focused area in the study of the law concerning the medical management is the medical practice law, the study examined the issues that should be reformed immediately. The current regulation ignores the public function of the medical organizations and impose the same tax burdens as other social organizations. Thus, in this kind of matter, the new directions of the reform should be proposed in order to encourage the hospital management reforms by applying the tax exemption policy for the public non-profit legal persons. In Conclusion, there should be some regulations on medical organizations that deals with people’s life. However, when these regulations become irrational, the essential qualities of the regulations become distorted. Thus, it is advisable not to view medical organizations as a subject of the regulation any more, but to promote its public function, such as financial support, based on the trust.
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