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KMID : 1234820210220030003
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Korean Society of Law and Medicine
2021 Volume.22 No. 3 p.3 ~ p.30
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Extending the Scope of License Restrictions for Medical Personnel and Limiting Fundamental Rights- Focusing on the Revision of the Medical Law -
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Kwon Oh-Tak
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Abstract
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Reasons for disqualification to restrict a medical person's license should be considered in functional and moral terms. In this sense, the grounds for disqualification of medical personnel should be expanded to include all crimes that have been declared to be “imprisonment without labor or greater punishment” by a court. Because a sentence of “imprisonment without labor or greater punishment” means that it is highly reprehensible and undermines the trust of the state as well as the trust in medical personnel. Therefore, the expansion of the scope of license restrictions for medical personnel cannot be regarded as a violation of “the Less Restrictive Alternative” rule.
However, it is necessary to reflect the specificity of medical services in the license restrictions of medical personnel. This is because not all diseases can be treated with current medical services. In addition, unpredictable situations can occur at any time during medical practice. Consequently, the negligence that occurs during medical practice should be carefully examined from a functional perspective of the medical personnel. And it should be treated differently from ordinary crimes. To this end, an independent license review organization should be established to establish expertise in license management.
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KEYWORD
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Medical Law, Medical personnel, License restrictions, Limiting fundamental rights, The Less Restrictive Alternative
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