醫療紛爭과 醫師賠償責任保險에 관한 고찰 － 한국의 의사배상책임보험의 문제점과 개선방안 －
A Study on medical Liability Insurance in medical Malpractice
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In general, Medical malpractice breaks out doctor’s medical malpractice, a sufferer wanting to be compensated to him for his loss properly in this case. However, related with the compensation liability in charge of the doctor, the mechanism treats to prove for a doctor his professional misconduct[negligence] about responsible person in Korea. Nowadays, high frequency flowing in medical dispute and the satisfactory solution among them doesn’t exist to the contrary. At the most, Korean Medical Association mutual-Aid and Medical Liability Insurance, but these are not any proper compensation for the sufferer. Moreover, because of the peculiar property on Medical Dispute and the conflict of interests between the sufferer and the doctor, we have a difficulty in the solution. That is, the sufferer is suffered from severe mental, physical and economic[financial] pain by medical misconduct, and also the doctor would deny his medical liability beacuse of the compensation for damage[the loss] more than doctor’s bill. Of course, there are the non-litigation solutions(ADR) except to Korean Medical Association mutual-Aid and Medical Liability Insurance in Korea. what is called, civil mediation, non-governmental(NGO) mediation, medical judging committee and conciliation between the parties and so on. In spite of these alternative solution plans, because of the following reasons below the non-litigation solution has been rarely used in Korea. Breaking out medical dispute in Korean, the resolving problems are that they are caused by the doctor’s authority and skepticism about the dispute solution in the view to the sufferer. And in present, there is not more various government dimensional systems about medical dispute solution than the foreign nations’ ones. I suggest that the followings come true in the future. ⓐ compulsorily joining a member through the revision of medical regulations, ⓑ practical structuring and using of just and believable associations, ⓒ preparation of certain and practical regulations on medical Liability Insurance provision, ⓓ rethinking of the doctor’s moral behavior, also the self-rescue endeavor of Korean Mediacl Association and ⓔ constructing of the national dimension system in resolving medical dispute professionally[or technically].
Abstract
In general, Medical malpractice breaks out doctor’s medical malpractice, a sufferer wanting to be compensated to him for his loss properly in this case. However, related with the compensation liability in charge of the doctor, the mechanism treats to prove for a doctor his professional misconduct[negligence] about responsible person in Korea. Nowadays, high frequency flowing in medical dispute and the satisfactory solution among them doesn’t exist to the contrary. At the most, Korean Medical Association mutual-Aid and Medical Liability Insurance, but these are not any proper compensation for the sufferer. Moreover, because of the peculiar property on Medical Dispute and the conflict of interests between the sufferer and the doctor, we have a difficulty in the solution. That is, the sufferer is suffered from severe mental, physical and economic[financial] pain by medical misconduct, and also the doctor would deny his medical liability beacuse of the compensation for damage[the loss] more than doctor’s bill. Of course, there are the non-litigation solutions(ADR) except to Korean Medical Association mutual-Aid and Medical Liability Insurance in Korea. what is called, civil mediation, non-governmental(NGO) mediation, medical judging committee and conciliation between the parties and so on. In spite of these alternative solution plans, because of the following reasons below the non-litigation solution has been rarely used in Korea. Breaking out medical dispute in Korean, the resolving problems are that they are caused by the doctor’s authority and skepticism about the dispute solution in the view to the sufferer. And in present, there is not more various government dimensional systems about medical dispute solution than the foreign nations’ ones. I suggest that the followings come true in the future. ⓐ compulsorily joining a member through the revision of medical regulations, ⓑ practical structuring and using of just and believable associations, ⓒ preparation of certain and practical regulations on medical Liability Insurance provision, ⓓ rethinking of the doctor’s moral behavior, also the self-rescue endeavor of Korean Mediacl Association and ⓔ constructing of the national dimension system in resolving medical dispute professionally[or technically].
참고문헌 (57)
- 권오승, "“醫療過誤와 注意義務” 민사판례연구" (1982)
- 권용우, "?債權總論?" (1994), 법문사
- 권용우, "民事判例硏究(1)" (2002), 신양사
- 김기선, "?債權法各論?" (1982), 법문사
- 김성태, "保險契約의 本質" (1996), 박영사
- 김형배, "?民法學硏究?" (1989), 박영사
- 박영호, "醫療紛爭과 法 (의료분쟁 및 의료소송의 현황)" (2005), 법률정보센터
- 서돈각, "商法講義(下)" (2004)
- 신현호, "醫療訴訟總論" (1997), 육법사
- 양승규, "保險法의 法理" (2000), 삼지원
- 정용진, "保健醫療法·醫療紛爭 (대법원판례정선)" (1999), 울림사
- 정찬형, "商法講義(下)" (2005)
- 정희철, "商法學(下)" (2005)
- 추경호, "?醫療過誤論?" (1992), 육법사
- 강원희, "”醫療紛爭과 保險制度에 관한 考察“" (1991), 보험학회제 제37집
- 국회사무처 법제실, "의료분쟁조정법안에 대한 法制的 檢討" (2006), 국회사무처 법제실
- 김용담, "外國의 醫療事故 處理제도에 관한 考察" (1998), 대한병원협회지
- 김용호, "醫療過失의 損害賠償責任에 관한 小考" (2004), 단국대 법학연구소
- 김재형, "의사배상책임보험의 현황과 활성화방안", 법학연구, (19), pp.235~251 (2005), 한국법학회
- 김재형, "日本의 日本醫師會醫師賠償責任保險", 법학연구, (18), pp.649~668 (2005), 한국법학회
- 박대순, "外國의 醫療事故 處理制度의 考察", 17(12) (1998)
- 박인화, "醫療紛爭의 合理的 解決을 위한 立法方向" (1998), 立法調査硏究
- 신인봉, "醫師賠償責任保險에 관한 硏究" (1997)
- 신현호, "醫師賠償責任保險-日本醫師會 醫師賠償責任保險을 中心으로-" (1996), 의료와 법률
- 장정진, "醫療紛爭解決制度의 問題點과 改善方案" (1999)
- 전영주, "醫療事故와 醫師賠償責任保險" (2005)
- 윤성원, "醫療紛爭의 現實과 改善方案" (2001), 대한병원협회지
- 은종성, "의사의 의료과오에 따른 책임과 배상책임보험 -의사의 설명의무를 중심으로-", 기업법연구, 18(2), pp.497~532 (2004), 한국기업법학회
- 이윤성, "醫療紛爭報告書" (2000), 서울의대 법의학교실
- 李炅周, "過失責任主義 하에서의 醫療事故 賠償責任保險 최적 공급형태에 관한 硏究" (1995), 한국리스크관리학회
- 이인형, "醫師賠償責任保險의 導入에 관한 論議" (2000), 연세대법학연구소
- 이재형, "美國의 醫療事故 救濟制度에 관한 考察", 25 (1998)
- 정락형, "醫師賠償責任保險의 現況과 改善方案" (2000), (주)현대해상
- 정문섭, "專門家賠償責任保險에 관한 硏究-醫療事故와 醫師賠償責任保險을 中心으로-" (2006)
- 차일권, "의료리스크管理의 先進化를 위한 醫療賠償保險에 대한 硏究" (2006), 보험개발원
- 최진홍, "醫療紛爭의 解決方案에 관한 硏究-의료분쟁조정법을 中心으로-" (2005)
- 한국생산성본부, "?醫療被害救濟의 正當化方案에 관한 硏究?" (1988), 한국소비자보호원
- 제1권 責任保險, "?新種 自動車保險講座?" (1975)
- 日本 辯護士聯合會人權擁護委員會, "醫療事故被害者の人權と救濟" (2001), 明石書店
- 前田達明, "?不法行爲歸責論?" (1978), 創文社
- 助立明·中井美雄, "?醫療過誤法?" (1994), 靑林書院
- 平沼高明, "醫師紛爭委員會", 27(4) (2003)
- 平沼高明, "專門家責任保險の理論と實務" (2002), 信山社出版
- Ameican Law Institute, "Restatement of the Law of Contracts" (1981)
- David M, "“The High Cost of Medical Liability”"
- "“Medical Legal Screening Panels as an Alternative Approach to Medical Malpractice Claims” 13 William and Mary L" (1972)
- Deutsch, "?Arztrecht und Arzneimittelrecht" (1983)
- Emmett J, "“Fundamentals of Risk and Insurance" (1986)
- Vaughan, "?Fundamentals of Risk and Insurance?" (1982)
- George E, "“Principles of Insurance”" (1986)
- James C. Mohr, "American Medical Malpractice Litigation in Hostorical Perspective", 283(13) (2000)
- Josef Esser und Hause-Loe Weyers, "?Schuldrecht?" (1984), Besondere Teil 6 Auflage
- Ray Hodgin, "Professional Liability; Law and Insurance" (1996), London; Lioyd’s Commercial Law LIBRARY
- Richard S, "“The Insurance of Medical Losses”" (1975)
- Robert I, "Fundamentals of Insurance", illi(is) (1986)
- Stephen Zucherman, "“Effects of Tort Reforms and Other Factors on Medical Malpractice Insurance Premiums", pp.27~ (1990)
- U, "Insurance Costs Increased but Varied among Physicians and Hospitals”" (1986)