민사소송에 있어서 의무기록의 증거력에 대한 고찰

Abstract

There are two types of credibility under the Civil Procedure Act: formal and practical credibility. The formal credibility under the Civil Procedure Act is Article 356 (Official Documents) and Article 358 (Private Documents). Public documents are less likely to be counterfeited, making it easier to presume than private documents. This is acceptable in that the Criminal Law punishes the crime of forgery of public documents more heavily than the crime of forgery of private documents. However, given modern high-tech counterfeiting technology, it does not seem very convincing, so it now seems necessary to consolidate and reorganize the presumption regulations. Moreover, applying these current regulations to the authentication of medical records leads to unreasonable results. Even though medical personnel with the same qualifications and abilities prepared the same medical records, it is not reasonable to make a difference in the presumption of authenticity because they are classified as public documents or private documents depending on whether the author is a public official.
 Next, we will look at the practical credibility of the document. The case presupposes that formal credibility is recognized, official documents presume or recognize practical credibility regardless of disposition documents or report documents. but Private documents presume or recognize practical credibility in principle for disposition documents, but not for report documents. It is inappropriate to explain that there is a difference in the credibility of the content in that there is no crime of creating false private documents for private documents compared to the crime of creating false official documents for public documents. This is because there is no criminal legal basis for presuming or recognizing practical credibility in the case of disposition documents among private documents. On the other hand, for medical records, even if they are private documents, the criminal law stipulates the crime of preparing false medical certificates and There is also a provision in the Medical Law that punishes counterfeiting the contents of medical records. Therefore, unlike general private documents, medical records should be widely recognized for their practical credibility because they can be said to guarantee the reliability of the contents, whether they are public, private, disposition, or report documents.