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KMID : 1234820080090020383
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Korean Society of Law and Medicine
2008 Volume.9 No. 2 p.383 ~ p.422
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Research on the Rational Solution for Oriental Medical Conflicts - Focusing on the relieving role of KCA in oriental medical disputes -
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Jeong Mi-Young
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Abstract
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Considering above, It might be efficient that medical disputes would be settled by the intervention, the agreement, and the administrative relief that reflect mediators’ opinion, who have rich social experience as well as specialized knowledge. Therefore, KCA needs to strengthen its function of mediation and improve relevant systems to become an effective settlement institution. And although Oriental medicine disputes have mainly given ex post facto explanations so far, administrative efforts such as policy development or legislation should be made for the high quality of Oriental medical services offered because an efficient way saving social or economic costs caused by the dispute would be precautionary measures. The traditional Oriental medicine is featured with the lack of baseline examination, the uncertainty of medical mistakes, the difficulty in clarifying and proving facts, the hardship of injury conformation and causality because of the characteristics of Oriental medicine, and the relative lightness of physical damages. Actually, there has been few legal settlements in Oriental medical disputes since the compensation, itself, compared to the lawsuit cost, is relatively much lower without practical benefits.
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KEYWORD
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medical disputes, oriental medicine disputes, oriental medial services, medical mistake, injury coutimiration and causality, characteristics of oriental medicine
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