의료⋅요양⋅돌봄에 관한 정부 시범사업과 법제 정비에 관한 고찰: 일본 법제와의 비교를 중심으로

Abstract

The long-term care insurance system for the elderly in South Korea, in which the government and society jointly solve nursing and long-term care problems for the elderly according to the principle of social solidarity, began with the enactment of the Elderly Long-Term Care Insurance Act in 2007. Currently, 17 years after the enactment of this law, South Korea is on the verge of becoming a super-aging society, while the era of centenarians is becoming a reality due to the development of medical science and technology. As a result, the demand of citizens who need nursing care and long-term care is increasing, but because there are differences in physical and mental conditions and individual circumstances are different, it is difficult to satisfy the diverse demand with the current system under the Elderly Long-Term Care Insurance Act. In order to overcome this, the government is working to build a system by complementing the model of having a specialized nursing room in elderly care facilities and the support for nursing costs for elderly people hospitalized in nursing hospitals through a pilot project. At the same time, a plan is being developed to determine the level of need for medical care, nursing care, and care by integrating a system for selecting subjects and delivering services. In 2024, a law on integrated support for local care, including medical and nursing care, was enacted and is scheduled to be implemented in 2026. However, the area of nursing and care activities still has the potential to fall under the category of unlicensed medical practice, and conflicts between nursing hospitals and elderly care facilities are arising. Analyzing the Japanese legal system, it is necessary to clarify that nursing and care activities are not medical practices and to consider the development of new facilities in the intermediate area, such as nursing care medical centers or designated visiting nursing stations.