119 구급대의 법적분쟁 예방에 관한 연구

Abstract

Purpose : To check the legal relation between rescue team and patient as well as legal responsibility for patient's damage intentionally or erroneously caused by rescue member. a publicoffïcial, in the performance of relevant job to prevent legal dispute over rescue team and to present program for fair settlement of dispute and equitable and feasible burden of damage. Method : First , the legal principle of Civil Law, Criminal Law and Administrative Law related to the theme of this research will be investigated around research by literature Second. the case of dispute related to rescue team will be introduced, Result : 1. If 119 rescue members as a public offïcial intentionally or erroneously cause damage to patient in the performance of job, they shall bear civil, criminal and administrative responsibility. They sha ll bear civil responsibility for indemnity for damage due to default or tort. The typical criminal responsibility includes accidental homicide arising out of duty, preparing falsified official document, dereliction of duty‘ etc In the, administrative side, the state is responsible for indemnity for peculiar status of the rescue member, public official. 2. Though raising civil petition of legal dispute over unsatisfactory rescue service may be reasonable to guarantee the right of nation, such action may cause stress to rescue member as well as may lead to mental shrinking and defensive at titude only to take the basic fïrst aid treatment which has low possibility of mistake instead of active fïrst aid treatment so as to avoid legal responsi bility 3. The program that may prevent legal dispute over 119 rescue team includes expansion of manpower s pecialized in fir st aid treatment , enhancement of education on legal environment, development and application of standard job guideline，formation of mutual trust with patient, detailed explanation, preparing and keeping minute record improvement of the rescue members' ability of fïrst aid treatment and development of medical instruction mode. Conclusion : The best policy is to prevent legal dispute, If it is impossible to basically exclude the possibility of dispute, however, we need to make effort to minimize the occurrence, settle fairly and divide damage equitably and feasibly, To improve the preventible death rate of our first aid system to the level of advanced country, 119 rescue team which is in charge of the stage before hospital needs to positively enforce s pecial first aid by improving the quali tative level of rescue service and to strive to prevent legal dispute that may occur in the process.