요양병원 노인인권 침해에 관한 연구

Abstract

Currently, a nursing hospital is a hospital-level medical institution in which doctors, dentists, or oriental doctors perform medical treatment mainly for inpatients under the Medical Act, and any medical person other than a doctor or oriental doctor can be opened.
 So-called nursing hospitals must inevitably have more than 30 nursing beds and have medical personnel of a certain level or higher. To open a convalescent hospital, permission must be obtained from the mayor/ province governor as prescribed by the Ordinance of the Ministry of Health and Welfare after deliberation by the City/Province Medical Institution Establishment Committee. If not, permission cannot be obtained.
 Currently, patients who are admitted to nursing hospitals are 1. Elderly patients, 2. Chronic patients, and 3. Those who have a recovery period after surgery and injury, and mainly need nursing care. With the enactment of the Medical Act in 1994, the legal concept of nursing hospitals was stipulated. Since the 2000s, the number of elderly nursing hospitals has increased rapidly in tandem with the increase in the elderly population following changes in Korea's demographic structure. In the midst of this, cases of human rights violations of the elderly continue to occur in the stages of entering and leaving nursing hospitals and living stages. The violation of the human rights of the elderly here is related to the violation of basic human rights under the Constitution and, furthermore, to the issue of elder abuse under the Elderly Welfare Act.
 Therefore, in this paper, it is hoped that policies and measures for ensuring and realizing the rights of the elderly are guaranteed and realized through the correct prevention of violations of the human rights of the elderly in nursing hospitals. First, we would like to make legislative proposals on the provision of human rights education regulations, second, the mandatory installation of CCTVs, third, the necessity of expanding medical personnel, and fourth, the unification of management and supervisory bodies for insolvent nursing hospitals.