전공의관련 법적 분쟁의 최근 유형들과 제도적 시사점 : 전공의관련 판례의 유형과 제도적 개선방안

Abstract

A resident is a trainee and also a teacher who plays an an important role in the clinical practice of the students of the medical school. The residents must be trained in specialized courses under the guidance of a specialist. They work at the hospital and they are in charge of the patient's treatment, not the educational institution such as the school. The training process is divided into internship courses and resident courses. The training environment of the residents is different in each hospital, but it is exposed to medical accidents due to chronic fatigue and lack of attention, because of long-term work as the apprenticeship education and the trainee, but recent special law has been enacted, therefore working time at the hospital is limited. The resident training course tends to be focused only on the technique of each speciality. Although each special association of speciality has set goals and objectives for the education of its resident and set the course of training, the education on humanity and the recently changed medical environment and medical law is insufficient and there is no education about measures related to the occurrence of medical accidents. Recently, there have been incidents such as the arrest of the medical staff including the residents related to the medical accident. Analysis of the legal issues surrounding the medical law, cases of discipline and administrative disposition, problems of civil liability for medical accidents, cases of forced enforced of residents, and cases of hospital occupational accidents caused by violation of the protection obligations like other medical accidents, there is a lack of supervisory guidance by the specialist in areas beyond the competence of the major. This should explain the fact that the residents are in the process of training but have civil liability and there is no causal relationship between direct medical accidents. It is necessary to develop the ability to deal actively when a medical accident occurs, and education and protection measures at the hospital and association of speciality will be needed.