의료행위 개념의 법제화 시론

Abstract

With the development of ICT and the rapid change of the health care environment, the controversy surrounding the concept of ‘Medical Practice’ is reviving. It is not clear whether certain health care services using ICT are considered unlicensed medical practices or not. Nevertheless, there is no definition of medical practice under the current Medical law and the debate over its concept and scope is expanding. In addition, the Court's interpretation does not provide any specific criteria. For these reasons, there is considerable regulatory uncertainty for unlicensed non-medical personnel engaging in related industries, and their freedom of occupation is restricted from the entry stage to related industries. The concept of medical practice should be legislated under the Medical law in order to reduce regulatory uncertainty, meet the people’s demand for various health care services and guarantee consumer’s choice. This article examines current legal regulations and precedents related to the concept of medical practice, insists on its legislation and proposes its direction. The concept of medical practice should be defined under the medical law, and some specific components of the concept such as purpose and method, work-relatedness, and the possibility of harming in health hygiene should be included in the provision. The scope of the medical practice may be expanded or reduced depending on the possibility of harming in health hygiene, so the provision should include some examples of its criteria. Also, the provision should be open and flexible to judge its scope according to the change of healthcare technology and the environment. Furthermore, even if some services meet these components of the concept, relatively low risky services should be carried out by non-medical professionals under new license system.