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KMID : 1234820220230030089
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Korean Society of Law and Medicine
2022 Volume.23 No. 3 p.89 ~ p.115
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Review and Interpretation of Health Care Laws Based on Civil Law -Medical service Act, Emergency medical Act, Act on remedies for injuries from medical malpractice and mediation of medical disputes-
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Yi Jae-Kyeong
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Abstract
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In this article, the Medical Act, the Emergency Medical Act, Act on remedies for injuries from medical malpractice and mediation of medical disputes were reviewed and interpreted based on the Civil Act.
In the health and medical field, there are various laws that reflect changes in the medical field due to the development of health and medical technology, and their revision is very frequent. And the legislation has become very complicated.
They contradict each other or require interpretation. In this situation, a person must take considerable care not to violate the law. In many cases, specific guidelines or authoritative interpretation are required to apply the law. Even guidelines and authoritative interpretations often conflict with civil law. In this article, errors in the legal text related to health care were found. In addition, it found a case that contradicts the civil law perspective in interpretation. Thus, it was confirmed that civil legal thinking was necessary to legislate, interpret, and apply health care-related laws.
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KEYWORD
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Health and medical treatment, Medical service Act, Emergency medical Act, Act on remedies for injuries from medical malpractice and mediation of medical disputes, Civil Act
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