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KMID : 1234820130140020143
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Korean Society of Law and Medicine
2013 Volume.14 No. 2 p.143 ~ p.172
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The Instruction Explanation Obligation - Focusing on Cases -
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Lee Jung-Sun
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Abstract
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should give patients the description in more details to prepare for postoperative sequelae or complications, is common with the advice explanation obligation as a doctor should explain some information to patients. Since the advice explanation obligation is the benefit and protection of the law for self determination right, but the instruction explanation obligation is one for the integrity of body and life, one can be distinct from the other. Judgments giving the instruction on the concept of instruction explanation obligation, specific methods of implementation and a range of compensation for damage are recently being made by courts at all levels including the Supreme Court. It is the time to systematize them. The contents which have been mainly discussed so far include the essence of above mentioned instruction explanation obligation. However, when the tendency of practice is considered, the efforts are required to admit the organic relevance between instruction explanation obligation and advice explanation obligation and to explain the relationship without any contradiction. For whereabouts of liability of proof, patients theoretically demonstrate the failure to implement it. However, when the theoretical consistency is maintained, it is likely to fail the intent to recognize the instruction explanation obligation and it may ask patients to prove something impossible to be proven. Thus, these things should be considered. Moreover, as the instruction explanation obligation is associated with medicine instruction obligation of a pharmacist and the coverage is being extended, it is the time to require the systematic study on the theoretical limit.
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KEYWORD
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Instruction Explanation Obligation, Advice Explanation Obligation, Self Determination Right, Liability of Proof
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