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KMID : 1234820150160020295
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Korean Society of Law and Medicine
2015 Volume.16 No. 2 p.295 ~ p.326
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The Unconstitutionality of Banning Operation of Multiple Medical Institutions by Health Care Providers - Focusing on Article 87 Section 1 Clause 2 and Article 33 Section 8 -
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Kim Sun-Wook
Jeong Hye-Seung
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Abstract
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Under the revision of medical law on February 1, 2012, health care providers are banned from opening 2 or more medical institutions and being involved in managing the institutions. However, purpose of the legislation of the revised law is unclear and even confirmation of such purpose of the legislation based on the calculation of multiple legislative backgrounds cannot be appropriate means of achieving such purposes. This article confirms and reviews the development of revision of medical law and history of the principle of 'one person-one medical institution', and legislative purpose of the revised medical law as well as examines unconstitutionality of such revision based on limited fundamental rights by the revision, principle of clarity, and principle of the prohibition of excessive restriction.
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KEYWORD
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opening of medical institutions, operation of medical institutions, medical law, dual opening, freedom of occupation, equal rights, license rent, medical publicness, legislative purpose, unconstitutionality
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