|
KMID : 0986720180260010345
|
|
Korean Journal of Medicine and Law
2018 Volume.26 No. 1 p.345 ~ p.364
|
|
|
A study on the The legality of a medical contracts under civil law by non-medical practitioner hospital
|
|
Min Kook-Hyun
|
|
|
Abstract
|
|
|
|
A medical institution opened illegally by a non-medical person is a violation of medical law. However, if the patient is consulted by a doctor, the medical contract is legal under the Civil Act. Because the civil law of Korea is given freedom of contract. Therefore, when a patient is consulted by a doctor in a non-medical practitioner hospital by a non-medical person, it is not illegal under civil law. Because, in order to be recognized as illegal act under the civil law, there must be a link between the act of harm and the occurrence of damage. However, medical institutions established by non-medical personnel are punished because they violate medical law. I pointed out the problem in this part. If a civil contract is legal under the civil law, if illegal acts are not recognized, can they be returned as unfair benefits? I also had these questions. Currently, the Civil Act provides for the right to demand a return of unfair advantage. Therefore, even if illegal acts are not recognized in the Civil Act, it is only necessary to exercise the right to return unfair advantage. Therefore, even if the medical contract is legal under the civil law, the patient can exercise the right to demand the return of unfair advantage to the medical institution opened by the non-medical person.
|
|
|
KEYWORD
|
|
|
non-medical practitioner hospitals, Medical contract, collection of unjust enrichment, non-medical practitioner, non-reimbursement payment
|
|
|
FullTexts / Linksout information
|
|
|
|
|
|
Listed journal information
|
|
|
|