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KMID : 1234820210220020081
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Korean Society of Law and Medicine
2021 Volume.22 No. 2 p.81 ~ p.109
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The Prohibition Against Medical Refusal and the Principle of Private Autonomy in Medical Contracts
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Yi Jae-Kyeong
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Abstract
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This paper review about the relationship between the prohibition against medical refusal and the principle of private autonomy in medical contracts. The obligation to this Prohibition in Medical Law does not restrict the liberty of contracting a medical contract. On the other hand, the prohibition limits the freedom to terminate medical contracts. Medical contracts can be terminated if the trust between doctors and patients is vanished. However certain restrictions should be placed on termination of the medical contract, because termination of the contract should not be detrimental to patients' health. According to the current medical law the medical contract is to be enforced in principle and can be revoked only with justifiable reason. At the Civil Code on Medical Contracts the freedom to terminate the medical contract is permitted, but this paper suggests the restrictions of the revocation under certain conditions. The Criminal Punishment Regulations against medical refusal should be removed. Refusal the provide medical service should be regulated by administrative sanctions under the National Health Insurance Act's obligation.
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KEYWORD
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Medical service act, Prohibition against Refusal to Provide Medical Services, Medical contract, liberty of contract, medical refusal
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