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KMID : 0986720130210020221
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Korean Journal of Medicine and Law
2013 Volume.21 No. 2 p.221 ~ p.246
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Legislature regarding the Right to Health of Foreigners - Focusing on the Subrogation Payment System in the Korean Emergency Medical Service Act
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Ju Min-Ji
Kang Min-Ah
Bae Hyun-Ah
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Abstract
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Recently foreigners living in Korea are increasing sharply because of the globalization. But the grounds for supporting their right to health & health care is weak, especially domestic law and policy system. Emergency Medical Service Act in Korea ensure some rights to receive emergency care by the policy, "The Subrogation Payment System in Emergency Medicine", which is unique in worldwide. But it usually failed in case of the foreigners.
It is still difficult for foreigners applying the view of the right of health & health care in Korea. That is, it is mainly argued that "The Fundamental Right to Life" is limited regarding foreigners. But many international documents such as ICESCR support the provisions of international human rights law recently, arguing that the right should be applied to all people without distinction. And by the article 6 of the Constitution, it has the same effect as domestic law. In addition, we should think about the right to receive emergency care not only as the right to health or health care, but also as the "Right to Life",
Currently "The Subrogation Payment System in Emergency Medicine" has some limitations. Particularly in terms of the Accessibility and Acceptability of four criteria is limited which is proposed by the WHO to ensure the right to health care. To foreigners, the access to information of the system is not enough. And also, the schedule and budget allocation is not clear, including the complexity of the billing process for claiming unpaid bills. That factors makes foreigners and medical people reluctant to use the system. It means that cultural acceptability is very low.
Thus, the reformation of the system of budget and procedure as well as the more active promotion of system is urgent for foreigner"s acceptability. There will be more and more foreigners in Korea and that means foreigners in emergency are expected to increase even more. Therefore, measures for the activation of the system is imperative for the situation of Korea.
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KEYWORD
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Emergency Medical Service, Emergency Medical Service Act, The subrogation Payment System, Foreigners, The Right to Health
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