남북한 의료법규의 연혁과 그 변모과정 -의료법을 중심으로-

Abstract

Although North Korea has been enacting laws related with medical service such as, the medical service law was legislated on December 3rd in the year 1997 for the first time. In our case, the national medical service law was established in 1951, and after the name of the law was retitled to ‘medical service law’ now in use,there were 38 times of alternation in medical service law. Thereupon, this thesis comparatively studies the characteristic respect through the changes of medical enactments of the South and the North Korea. First, for the fundamental rule of the South and the North Korea medical service law, the North Korea takes contrasted principles which are the healthcare by preventive medical care, the system of universal free medical service, the section doctor system, whereas the South Korea is based on principles such as making a rule for national medical service centering around medical personnel as well as medical institution based on clinical medicine. Second, even through the North Korea medical law emphasizes the political idea and is based on complexity, it is getting reformed to have simplicity as the political characteristic is moderated by amendment. Contrarily, althorugh the South Korea medical law is simpler and concreter than the North Korea’s, it uses plain terminologies. Third, the South and the North Korea medical law shows the change in legislation such as the bigger approaching possibility than before. The examples can be doctors’ duty of explanation, preferential treatment of an emergency case,and so on, and these provisions promote the accessing possibility if unification medical law is established.