우리나라 의료과오소송의 실태와 의료분쟁해결방안

• 영문명: Current Status of Medical Malpractice Suits and Dispute Settlement Mechanisms in Korea
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 김민규(Min-Kyu Kim)
• 간행물 정보: 『비교사법』비교사법 제10권 4호, 235~278쪽, 전체 44쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.12.01

영문 초록

Recently, the number of medical malpractice suits have drastically increased, almost 10 times in the last thirteen years. In addition, the percentage of plaintiff's case marked 60∼70%, 20% of which include court's compulsory adjustment. However, despite these high percentage of plaintiff's cases and compulsory adjustments, the ratio of unsettled cases has not decreased but increased. This trend may be attributed to the fact that only a margin of medical malpractice cases are settled by court judgment. To rectify this situation, South Korea has introduced various out of court dispute settlement mechanisms during the last 20 years, and to no vail, and recently proposed Medical Disputes Adjustment Act. This Paper first describes out of court medical malpractice suits systems in major countries. As a result of research, this paper finds conclusion that the "objectiveness of responsible entity authority", "fairness of entity composition", "activeness of professional organization such as bar association and medical association", "respect of judgement independence" etc. will be requested for out of court settlement regards medical disputes to be effectively operated. (1) The Korea's recent Medical Disputes Adjustment Act shows "lacks in procedural independence" and "lacks in objectiveness of responsible entity authority". (2) Although the responsible division of medical disputes in the court system is fundamentally adjudicative dispute decision entity, it relies mostly on dispute settlement through adjustment. This trend may increase the ratio of adjustment settlement, but will lead to the smaller liability. (3) If the current practice subsists, there may be loss of confidence in the responsible division of medical disputes as well as loss of confidence in adjustment system. Therefore, it is necessary to be more active to negligent or fault judgement with regards to medical disputes. This proposal also applies to the Medical Disputes Adjustment Act. That is, Separation of "medical disputes adjustment commission" which is responsible for negligent or fault judgement and "medical liability association" and "medical remedy fund" which is responsible for damages and compensation will be a method to achieve the purpose of the Act. Accordingly, the existing Medical Disputes Adjustment Act should be reexamined based on the fundamental factors which is essential to out of court medical disputes settlement entity.

목차

Ⅰ. 문제의 소재

Ⅱ. 의료과오소송의 실태

Ⅲ. 현행 의료사고분쟁처리 시스템

Ⅳ. 외국의 재판외 분쟁해결 시스템

Ⅴ. 개선방향

Ⅵ. 결론

[부록]

참고문헌

[ABSTRACT]