|
KMID : 1234820230240010043
|
|
Korean Society of Law and Medicine
2023 Volume.24 No. 1 p.43 ~ p.65
|
|
|
Criminal Law Issues and Challenges Due to Changes in the Healthcare Paradigm
|
|
Sun Jong-Soo
|
|
|
Abstract
|
|
|
The healthcare industry is a digital healthcare that combines technology based on the 4th Industrial Revolution, dealing with information on individual health and medical care, and is a fusion of health care services and medical science and technology. It is questionable whether digital healthcare according to the paradigm change can be discussed by the concept of medical practice under the existing Medical Act. There is no clear definition of the concept of medical practice in the Medical Service Act, but the concept is established through precedents. In addition, under the Medical Service Act, the subject of medical practice is limited to medical personnel. However, digital healthcare sometimes diagnoses and treats diseases using digital technology by medical personnel. On the other hand, what is possible by non-medical personnel is digital healthcare. This is because digital healthcare is understood as a concept that includes health care such as exercise, eating habits, and weight control. For this reason, if the concept of medical practice under the “Medical Act” on digital healthcare is included, it is subject to criminal punishment for “unlicensed medical practice” prescribed in Article 27 of the “Medical Act”.
In the health and medical industry, digital transformation and convergence with information and communication technology are rapidly progressing. As a result, there is a need to newly define it as 'digitalized medical practice' or 'information and communication technology (ICT)-based medical practice' separately from existing medical practices. The concept of medical practice has variability, not a fixed and invariable concept. However, in response to this demand, it is not an infinite expansion of the concept of medical practice, but a request to reset its scope. Therefore, the concept of medical practice should be legislated by reflecting the demand of consumers for the medical service system.
|
|
|
KEYWORD
|
|
|
Digital Transformation, Digital Healthcare, Medical Practice, The fourth Industrial Revolution, Criminal Liability, Healthcare
|
|
|
FullTexts / Linksout information
|
|
|
|
|
|
Listed journal information
|
|
|
|