의료법의 개혁방향

Abstract

We could foretell disruption rather than integration in medical society, as well brought out in quitting of business by medical professionals against the medical law revision in 2007. I argue that this disruption comes from medical law as a means of social security in this article. Medical law is (1) rational process of medical treatment, process of life, (2) reception of regulation in civil society, civic law, and (3) protective wall from abuses of structural ideology. Thus medical law is the fundamental law of medical life world and it should be regarded as such. Accordingly, medical law should act as rightful order in medical life world. However, medical law has seen radical changes since separation of dispensary from medical practice in 2000. The core of these changes is the degradation of medical law from being fundamental law of medical life to being an instrument for constructing a system of medical social securities. This can be easily detected by not only the quantitative increase of medical law but also by qualitative traits of it. That medical law has degenerated to a means of systematization can be observed from these facts: (1) medical personalities getting functionalized by medical social securities system, (2) medical treatment regulations being distorted or dissolved by administrative powers, and (3) neglection of medical culture by medical policies. Because of medical law incorporated in functional efficiency of social securities, medical system perverts therapeutic dialogue between doctors and patients to strategic relationships, and drives medical professionals into the state of Anomie, and blurs the standard of doctoring. In conclusion, medical law should be remained as the infrastructure which reproduces medical life world continuously. Medical law should support medical relationships enabling mutual respect between medical personalities, and make possible to establish medical act norms in clinical realities, and potentialize medical culture sharing the meanings. To be able to carry out these tasks, I argue that medical law should be reformed constantly fulfilling three requests : neutrality, morality, and rationality(modernity).