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KMID : 0986720140220010077
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Korean Journal of Medicine and Law
2014 Volume.22 No. 1 p.77 ~ p.101
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Legal Characters and Functions of the Framework Act on Health and Medical Services
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Park Ji-Yong
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Abstract
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This article aims to discuss on policy and legal issues relating to the “Framework Act on Health and Medical Services”, and to reexamine the relation between the Framework Act and individual acts on the health care or public health.
The enactment of the Framework Act might be described from both policy and normative point of view. The legislator needed to take a view of the individual acts on health care from the perspective of ‘whole’ health care system or policy. The provisions of the Framework Act have enlightening, educational, programing and planing features, which are found the policy implications. From the normative point of view, there was a purpose to establish a unified law system, which are called ‘health care law system’.
Health care policy and norms in the Framework Act, however, has not been formed in balance. It led to failure to realize functional and normative meanings of the Framework Act. It means that the Framework Act cannot control the abuse of political power in fields of legislation on health policy or interpretation of individual acts on health care. As as result, the Framework Act fall a symbolic statute.
In conclusion, it is necessary to make a effort to enhance normative meaning of the Framework Act. It could be a way to rearrange the Framework Act as a general rules or provisions of the individual acts on health care.
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KEYWORD
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Framework Act on Health and Medical Services, health care policy, health care law system, normativity, normative control function
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