의사의 설명의무와 형사책임

Abstract

In medical practice, doctors shoud burden the patient with the Obligation of explanation. However, there is some confusion in the reality in which there is a need for the Obligation of explanation. From the perspectives of life and self-determination or from the perspective of a medical contract, the surgeon's Obligation of explanation is naturally required for the patient's freedom of decision making. In case of medical treatment must be respected the person's decision, and medical decision is made on the medical information in order to ensure right of person's decision, thus it is required all physician for all medical treatment in advance of the medical practice. If the surgeon did not fulfill his Obligation of explanation, he violated the patient's decision. It is a matter of law enforcement if surgeon violates the Obligation of an explanation. However, I think this is a legal policy judgment. Under the current medical law, Doctors's Obligation of Explantion is’t required for general medical treatment but for critical medical treatment. And It is deemed to be extremely restrictive in terms of sanctions against the violation of the description, and that the patient's decision to determine the right to self-determination is effectively warranted. The surgeon's Obligation of explanation is compulsory for all medical treatment, especially in critical medical treatment. In case of violation of the Obligation of explanation, criminal punishment should be charged for case of critical medical treatment, and administrative fine should be charged for case of general medical treatment.