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KMID : 0986720190270020073
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Korean Journal of Medicine and Law
2019 Volume.27 No. 2 p.73 ~ p.95
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A Study of Cosmetic Surgery and the Introduction of the Apology Law and Disclosure Law
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Kim Sung-Eun
Baek Kyoung-Hee
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Abstract
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Among the different types of plastic surgeries, ‘cosmetic surgery’ which is conducted to get subjective·aesthetic satisfaction is devoid of medical necessity to perform the procedure and does not require emergency in terms of time. For this reason, whether cosmetic surgery is a medical practice or not and whether a contract to conduct cosmetic surgery has the nature of the delegation contract as that of a medical contract or not, have been discussed. In addition, reviewing the details of precedents for cosmetic surgery in Korea, in this regard, reveals that in cases where patients did not decide with deliberation because results, aftereffects and side effects were not explained properly, take the highest percentage of doctors’ mistakes in cosmetic surgery. In particular, cosmetic surgeries are often not life-threatening and does not cause significant damage among areas requiring surgery so even if a medical dispute arises, it is settled by offering compensation for violation of duty. Therefore, among medical disputes, it is very likely that a dispute can be ended by clearing up the complaint and misunderstanding with a patient through the Apology Law or the Disclosure Law in the area of cosmetic surgery. In this article, to examine the applicability of the Apology Law or the Disclosure Law to cosmetic surgery, ① we examine the distinct characteristics of cosmetic surgery, ② deliberate the major contents of the Apology Law or the Disclosure Law, ③ review precedents which are real cases related to cosmetic surgery in Korea and ④ verify in which area the Apology Law or the Disclosure Law can work actively among those precedents to discuss how it can be properly legislated later.
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KEYWORD
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cosmetic surgery, medical malpractice, duty of explanation, apology law, disclosure law
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