현행 우리나라 의료분쟁조정제도의 문제점과 개선방안

Abstract

It has been 10 years since the Medical Dispute Mediation and Arbitration Agency was established. Today, mediation at the Medical Dispute Mediation and Arbitration Agency is evaluated as having settled quite positively among the people. However, as a result of the operation of the Mediation and Arbitration Board for the past 10 years, some problems have emerged, and the following improvement measures have been suggested. First, it is worth introducing a plan to gradually expand the scope of automatic initiation events by easing the current requirements for mediation or the introduction of mediation prepositionalism in some cases. Second, since analysis work is an area where expertise and experience are very important, if possible, medical experts should be composed of more than half of the analysis department to enhance their expertise, but refrain from making legal judgments on whether or not there is direct medical negligence on the part of medical personnel. Ham is worth it. Third, in order to resolve the discord and conflict between the medical community of the applicant and the respondent, and the Mediation and Arbitration Institute, more active communication is requested. Fourth, the medical malpractice compensation system due to force majeure, on the premise of preparing financial resources, needs to gradually expand the scope of application by more easing the claim requirements. Fifth, it is necessary to improve the financial burden regulations, etc., while maintaining the system for compensation for damages. Sixth, it is necessary to improve the special criminal punishment system for medical personnel, introducing arbitrary or necessary reduction or exemption of punishment, and restrictions on filing prosecution for certain types of medical malpractice. Lastly, I look forward to an in-depth study on medical dispute cases through follow-up and observation of not only the medical dispute resolution process and results of the Mediation and Arbitration Board, but also the dispute resolution process after mediation is not established.