일본의 예방접종 피해에 대한 국가보상체계의 현황과 시사점
National Vaccination Trouble Compensation System in Japan: Status and Implications
2
조회
0
다운로드
4
인용
0
참고문헌
키워드
초록
Abstract
There are several main theme about “national vaccination trouble compensation”. The first is “what is legal character of vaccination trouble compensation” in point of liability laws, that is about compensation for damage or compensation for loss and by deciding characteristics of compensation, make to effect on legal access for compensation and amount of compensation. The second theme is about law and policy on compensation system. That is management of compensation system and its organization and function, trouble investigation process, compensation application process and contents and calculation standards of compensation. In this paper, I hope to deal the latter because the former is dealed already in the precedent study of me which is presented in first workshop of “Current State of National Vaccine Injury Compensation Programs Worldwide and Implications for Development of Korean Healthcare System” that is main project of this study. Specially I deal with Japan, japanese vaccination trouble compensation system. Japan is very similar with Korea in law and medical system. There is little to be different between the two, and it is easy to find implications of vaccination trouble compensation system and it is high to acceptance possibility of it. The lynchpin of vaccination trouble compensation are three point, those are prompt investigation, fair treatment, reasonable compensation. Investigation and treatment process is very similar with Korea, so there are little to be implicated from japanese compensation system. Therefore the key of compensation problem is reasonable compensation. Japanese methods and amount of compensation are various and far more than those of Korea. By taking cases of Japan, compensation types and amount is readjusted to a realistic level than now.
참고문헌 (8)
- 박춘배, "예방접종피해 국가보상제도 외국 현황 및 우리나라 제도발전방향" (2008), 연세대산학협력단
- 이종구, "우리나라의 예방접종사업 현황, 문제점 및 향후 정책방향", 한국모자보건학회지, 4(2) (2000)
- 이호용, "국가 행정측면에서의 보상체계의 구분과 예방접종사고보상의 법률관계", 한양법학, (23), pp.455~478 (2008), 한양법학회
- 日本 財團法人, "豫防接種リサ─チセンタ", 豫防接種ガイドライン, ~ (2008)
- 日本 公衆衛生審議會感染症部會, "ポリオワクチン接種後 健康障碍報告への 對應マニユアル" (2000)
- 日本 感染症硏究會, "豫防接種法詳解", 日本:中央法規, ~ (2007)
- Kuno-Sakai, H, "Safety and efficacy of acellular pertussis vaccine in Japan, evaluated by 23 years of its use for routine immunization", Pediatr Int, 46(6), pp.650~655 (2004)
- Evans G, "Vaccine injury compensation programs worldwide", Vaccine, 17(3) (1999)