의료행위의 규율목적과 전문직업성과의 조화를 위한 해석과제

Abstract

In this study, it is reviewed the historical origins and requirements of medical practices governed by the concept of over-regulation and so-called ‘health and sanitation risks’, after examining the national regulations on medical practices derived from the concept of medical law, Based on these discussions, it is trying to make a critical examination of the trend toward expansion of the medical practice concept, unlike the medical indication and treatment purpose, which are the requirements for traditional medical practice, from the perspective of the doctor's professionalism, the concept of ‘general public health risk’ is used for the purpose of medical administration to provide practical medical care. In this regard, it presents a critical stance against precedents that recognize the medical act of tattooing.
 In addition, with respect to the collection of unjust enrichment from medical care benefits under the National Health Insurance Act, we are looking into recent cases that a medical institution may not be denied under the National Health Insurance Act if it is recognized that the essential elements of medical practice are in place and that the doctor has provided actual medical treatment.
 In particular. this study reviews the extent to which the doctor's discretionary power and right to treat have an impact in the area of tattooing and collection of unfair profits under the Health Insurance Act and civil liability, divided into individual areas. In the field of civil liability, it is also interpreted from this point of view as the strengthening of the duty of care guidance, which is an essential element of medical practice, or the duty of guidance and explanation suggested by precedents. And it reviewed the degree to which the discretionary power and treatment right of doctors affect.
 Finally, it is not desirable for the necessary legal control over medical care to completely expand the relationship between doctors and patients into legal norms. It is concluded that it is necessary to seek harmony with professionalism.