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KMID : 0986720220300020127
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Korean Journal of Medicine and Law
2022 Volume.30 No. 2 p.127 ~ p.151
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Legislative and policy consideration of reasons for disqualification of domestic and foreign medical physician and administrative measures
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Kim Hyung-Sun
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Abstract
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In 2021, nine bills called the Physician Strengthening Act were proposed as sanctions for criminal acts committed by physicians. Under the same law, all crimes committed by physicians, with the exception of professional manslaughter and personal injury, are grounds for disqualification. These draft laws mean legal restrictions on the professional freedom guaranteed by § 15 KGG. Nevertheless, there is little literature that systematically examines and analyzes the domestic and foreign legal systems and the current status of the withdrawal of a license to practice medicine. At a time when bills for disqualification and licensing restrictions are being proposed, attention should be paid to the tendency to adopt each country's medical and legal system according to its position or subjective judgment, without doing anything about that system comparatively enough. The disqualification regulations regulated in the medical law cover medical qualifications, reasons for granting a license to practice medicine and the requirements for applying for state examinations at the same time as conditions for obtaining a license to practice medicine, which leads to confusion, so that a clear distinction is required. Unless there is a transition to a medical system such as that in England or the United States, or the introduction of a medical system, a health insurance system and a legal system such as that in Germany, these bills will establish a ground for disqualification for all offenses or a time limit for re-licensing, violates professional freedom by beating up doctors through administrative control. Therefore, a realistic alternative should be proposed to introduce a legal system that allows the administrative power to participate in administrative sanctions and this power is partially delegated to the statutory medical association, as in Germany and Japan, by clearly separating the grounds for disqualification and the granting of a medical license in medical law should
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KEYWORD
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Reason for disqualification, freedom of occupation, Administrative act, restriction of licensing, medical law
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