의료법의 현황과 과제 - 의료영역과 한방의료영역의 업무구분을 중심으로 -

Abstract

Doctors have the right to treat patient with no interference. However, in the present legal system, the treatment is divided into two parts, western and oriental treatment, and doctors who has acquired a licence in one sector are able to treat only in his acquired licenced part. Unlicenced treatment will be punished by criminal law. This division restricts the self regulations of doctors, and brings about the problem to hinder the development of medical services. For this, following paper will discuss the development of national medical services in the constitutional aspect, comment that the two-seperated treatment system is right or not. And this paper will figure out that whether doctor's treatment over his licenced part make a restriction of doctor's self-regulation or not. And finally adduce the way the medical law should be. First, It needs to show us the way how the individual medical law should be made. Because the importance of this law as a people's healthy right and human dignity which depends on this law, as one of constitutional law's main principals, the principal of state-medical service, it needs to be written and to be guided. This paper will produce the principal of state-medical service, and analysis the fundamental right of medical service in the point of constitutional view, and explain the individual laws in harmonizing with constitutional law, try to synthesis the individual medical laws with constitutional law as center. Second, in constitutional law, the principal of state-medical service is actualized with the individual laws in the end. The core of this principal is security of the doctor's self -regulated and independent treatment practices. But the division of western and oriental medical treatment restrict the autonomy of doctors in the name of professionalization and becomes an obstacle to the development of new medicine and treatment technic at the same time. And it threats the people's healthy right and the right of to be cured. Furthermore, since the self-regulation of doctors is the essence of medical laws, it would be asked whether the doctor who treat over his or her right should be punished is excessive or not. It needs to departmentalize the composition requirement and be improved to reduce the court sentences and, and regulate by the administrative measures as possible. Third, the purpose of medical law is to make every people could enjoy the high quality medical services, and to secure and to promote people's healthy life. I would like to propose the system of cooperated treatment system as a solution of this problem. Fortunately, last Jan. 2009. the ground rules have taken effect to regulate. But it still needs more efforts and guidances on specific direction and policies. This paper will introduce the specific strategies how to practice the cooperated medical treatments.