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KMID : 0986720010090010087
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Korean Journal of Medicine and Law
2001 Volume.9 No. 1 p.87 ~ p.108
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Legal Nature of the Medical Contract in Health Insurunce
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Jang Wook
Lee Kyung-Hwan
Hwang Duk-Nam
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Abstract
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The existing discussions on the medical contract have focused on only the relationship between the physician and the patient. This kind of medical contact is described in the simple structure on the assumption of the contract relation between the individuals at the equal status, but it shows the problem that the complex structure in the medical life world can not be properly described. Therefore, this paper tried to newly classify the all kinds of medical contracts, including not only the medical contract between the physician and the patient but also related contacts appeared in the health care related laws or the social insurance system. This study tried to examine the legal nature of the medical contract in the insurance care and the medical provider under the social insurance system including the National Health Insurance Act becomes the National Federation of Health Insurance, the insurer, and its legal nature of the medical contract can be viewed as the public statutory contract for the public medical supply. Unlike the social insurance, the medical contract under the Automobile Accident Compensation Insurance Act does not include the right to determinate the medical fee by the insurer Therefore, it is reasonable to consider the medical contract under the Automobile Accident Compensation Insurance Act as the private statutory contract between the medical institution and the patient.
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