醫療行爲의 槪念과 醫療契約

The Concepts of Medical Acts and Medical Contracts

Thanks to the progress of science and medical technology, modern society has witnessed elongated life expectancy and improved living conditions, on the one hand. On the other hand, however, contemporary people are fighting various epidemics, diseases, accidents and disasters that have ceaselessly occurred in consequence of or as a product of modem civilization. In parallel with the advanced social enlightenment and medical development, medical acts have also been conducted in more widening, diversified forms. Accordingly, the legal relationship between medical professionals and patients has come to invite serious considerations not just in the aspect of human right protection but also in terms of daily practices. To this end, lots of studies have been actively carried out in this area, aside from a good number of judicial precedents established and accumulated by the decisions of the courts. This study reviews the hitherto researches and trends of judgments rendered to various disputes and issues in connection with medical performances and contracts and tries to provide suggestions for solution. Focus is laid, however, on the following: Detailed explanation and exploration of the legal relationship between medical staff and patients and matter of responsibilities in a medical dispute will be reserved for subject of further studies. This paper deals first of all with the question whether prevention and treatment of disease by means of the substitute medicine can be regarded as a medical act in the expanded concept. Regarding the types of medical acts, a brief survey is to be made as for definition of each medical act and as for criterion to determine if the duty of care is neglected when a medical accident occurs. The features of medical performances that are spotlighted in connection with medical faults and responsibilities are also investigated in this paper. Lastly, legal features of medical contracts are examined theoretically to clarify the otherwise vague contractual conditions and apply the fair rule in otherwise physician-favored medical contracts. General theories concerning establishment of medical contracts and their contents are also to be dealt with here.