Possibility of Legislating an Exclusive Nursing Law in Korea: Based on a Comparative Analysis of Korean Medical Law, Korean Nursing Law Proposed in 2022, and Article 139, Nursing, Education Law of New York State

Abstract

Purpose: This research was conducted to analyze the strengths and weaknesses of Korean medical law, the Korean nursing law newly proposed in May 2022, and Article 139, Nursing, Education Law of New York State as well as to identify the standpoints of opposing interest groups. Methods: This is a historical qualitative study analyzing three major laws and various archives based on the categories of the historical background of legislation, description of nurses’ roles, education and qualification for nursing, and securing a nursing workforce and the improvement of nursing labor conditions. Results: Korean medical law is intertwined with the values of the 1960s, when it was legislated and thus, cannot reflect current issues associated with the expanded and specialized roles of nurses. Nurses’ roles, education, and qualification for nursing described in proposed Korean nursing law are essentially the same as those depicted in current medical law. This is the greatest weakness of the two laws compared to Article 139, Nursing, Education Law of New York State. Conversely, the addition of securing a nursing workforce and the improvement of nursing labor conditions is the strength of proposed Korean nursing law. The standpoints of opposing groups mostly consist in defensive reactions to anticipated threats based on the expanded roles of nurses. Conclusion: For the successful legislation of exclusive nursing law in Korea, it is necessary to comprise the law’s contents that are more systematically reflecting its historical meaning and the expanded roles of nurses, to persistently communicate with the leaders of opposing groups and policymakers, and to continuously raise public awareness.