療養機關의 醫療事故 責任 및 制限을 위한 立法政策
The Legislative Policy about the Responsibility and Limitation of Medical Malpractice
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In this study, the legal relationships on the National Health Insurance Act were analysed in terms of the legal relationships among three actors - the insures, the insured and medical institutions - escaping from the existing discussions on the bilateral doctor-patient relationship and of their rights, duties and responsibilities. In order to understand this three-party legal relationship, it should be eventually interpreted based on the provisions of the National Health Insurance Act, the Act recognizes the position as a performance assistant in the health insurance medical practice of the insurer by mandatorily designating insurance medical institutions regardless of their intentions, and therefore it is reasonable to understand the concerned parties of medical contract as the insurer and the insured. On the other hand, although the public nature and public welfare are the reasons for the justification of governmental intervention and control on insurance medical institutions, they can be also the bases for the governmental support and protection. Inducing the voluntary incorporation into the insurance medical institutions through administrative functions such as Funding and fostering administration would meet the contemporary administrative direction to achieve administrative goals by using flexible administrative means.
Abstract
In this study, the legal relationships on the National Health Insurance Act were analysed in terms of the legal relationships among three actors - the insures, the insured and medical institutions - escaping from the existing discussions on the bilateral doctor-patient relationship and of their rights, duties and responsibilities. In order to understand this three-party legal relationship, it should be eventually interpreted based on the provisions of the National Health Insurance Act, the Act recognizes the position as a performance assistant in the health insurance medical practice of the insurer by mandatorily designating insurance medical institutions regardless of their intentions, and therefore it is reasonable to understand the concerned parties of medical contract as the insurer and the insured. On the other hand, although the public nature and public welfare are the reasons for the justification of governmental intervention and control on insurance medical institutions, they can be also the bases for the governmental support and protection. Inducing the voluntary incorporation into the insurance medical institutions through administrative functions such as Funding and fostering administration would meet the contemporary administrative direction to achieve administrative goals by using flexible administrative means.