보건의료분야 형벌법규의 현황과 주요 내용

Abstract

In regards to the area of health, we have reviewed the important contents of food hygiene, pharmaceutical affairs law, noxious chemical administration law and the special management law regarding health crime which has the additional punishment regulation as the special law of them, and in regards to the medical area, firstly we review the framing crimes which are defined in criminal law such as the professional criminal abortion operation, a charge of professional divulgence of classified information, false medical certificate etc and for the case of special laws, we reviewed the important contents of medical law, law for the transplantation of internal organ etc. In regards to the special law, since the content is too enormous, we reviewed the important restricting articles which contains the punishment provisions as the first consideration. We could see from the above investigation that the punishment regulations for the medical health area that is to be defined by the criminal law is very insignificant and in most of the cases, there exists the both punishing regulations which punishes not only the transactor but also the user or up to the juridical person. Also, the special management law for the health crime regulation has the excessive severe punishment oriented articles and since it has the anti-characteristics of basic principle of crime law such as principle of clearness, principle of prohibition of excess and principle of responsibility, we could see it is reasonable to be abrogated. Also, the punishment regulation of this area contains many points to be revised or modified following the social transition. Though there are many insistence to abrogate the special crime laws, the writer thinks the insistence of package abrogation seems neither practically possible nor desirable.