음주의료행위 규제의 입법정책적 고찰

Abstract

This study proposes a legislative and policy-oriented approach to address medical practices performed under the influence of alcohol. Intoxicated medical practices pose significant threats to patient safety and lives, fundamentally contradicting the core values of the Medical Law, which aims to protect public health. However, in Republic of Korea, the lack of explicit prohibitions or clear provisions for criminal and administrative sanctions against intoxicated medical practices has resulted in inadequate responses, even in cases where such actions have been detected. To address these issues, this study analyzes previous legislative attempts, major international examples, and related regulatory frameworks in similar fields concerning alcohol-impaired professional conduct. It seeks to establish the legitimacy of regulating intoxicated medical practices and to propose legislative measures to fill existing legal gaps. In particular, the study focuses on categorizing the scope of medical acts that should be regulated under intoxication, establishing blood alcohol concentration (BAC) standards, introducing administrative and criminal penalty provisions, regulating refusals to comply with alcohol testing, and strengthening license revocation measures in cases of death and injury by occupational or gross negligence. This paper highlights the need for a systematic legal framework to protect public health and patient safety. It aims to serve as a foundation for legal and policy discussions on regulating intoxicated medical practice, ultimately ensuring the protection of public health and the patient’s live.