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KMID : 0986720150230020091
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Korean Journal of Medicine and Law
2015 Volume.23 No. 2 p.91 ~ p.112
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A study on the limit of delegated legislation in Medical Law : focus on the Regulation of the Nurse’s Aide
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Cho Jae-Hyun
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Abstract
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There are a lot of health-related issues. Above all the management and practical use of the medical personnel are the most important element of the quality of the medical service and health care. The management of the medical personnel should be discussed and handled carefully, organically and systematically. Nurses provide both care and cure and also must be the best professionals for the roles as a health care provider. By the way, there are problems with regard to the scope of the nursing service in the Medical Law and Regulation of the Nurse’s Aide. The nursing service would be defined as assistance of the medical treatment and the role of the nurse’s aide defined as the assistance of nursing in Medical Law. The limits and scope of the service of nurse and nurse’s aide would be delegated to the enforcement ordinance and enforcement regulation. In the Regulation of the Nurse’s Aide, the scope of the service of nurse’s aide regulated as the assistance of nursing and medical treatment. It is need to be radically reviewed a constitutional problem in the principle of the prohibition against blanket delegation of legislative authority and statutory reservation. First it does not contradict the principle of prohibition against blanket delegation of legislative authority. It is therefore highly necessary to apply a flexible regulation in decision on the scope of the assistance of medical treatment and nursing. And comprehensive look at overall system and relevant provisions allows us to fully predict the scope and limitations of the content of the enforcement ordinance and enforcement regulation. Second, it has a unconstitutional problem in the principle of statutory reservation. In Medical Law, it would be delegated an assistance of nursing as a role of nurse’s aide. But In the Regulation of the Nurse’s Aide, it is regulated an assistance of nursing and medical treatment as a role of nurse’s aide. So the regulation of assistance of medical treatment could be deviated from the delegation limit of Medical Law.
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KEYWORD
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nurse, nurse’s aide, delegated legislation, Medical Law, principle of statutory reservation
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