日本 民事法 硏究에 대한 批判的 考察 - 醫療過誤責任法上의 「過失判斷構造」를 소재로 -

• 영문명: Research Achievements on Civil Law in Japan and its Prospects -Focusing on Negligence Elements in Medical Malpractice-
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 김민규(Min-Kyu Kim)
• 간행물 정보: 『비교사법』비교사법 제12권 1호, 27~58쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.03.01

영문 초록

This paper analyses the research achievements on civil law in Japan and then proposes its prospects, especially in the field of negligence elements in medical malpractice. The findings are as follows: (1) The research on Japan's civil law requires the preceding theoretical background. As analyzed in this paper, many of Korean researchers on Japan's civil law neglect the theoretical backgrounds on negligence elements, case characteristics and professional standard of medical treatment in discussing the medical malpractice. Therefore, the study on Japan's peculiar theoretical backgrounds should precede the research on Japan's civil law. (2) Japan's legal and case theories should be critically introduced. Many of Korean researchers have shown some tendency to blindly introduce the Japan's legal or case theories without evaluating their adaptability. Therefore, it is necessary to find general developments among numerous legal principles and cases, refraining from introducing "maverick" theories. (3) The research achievements on civil law in Japan should be comprehensively reviewed. Some of recently publicized papers on medical malpractice lack theoretical correctness and clarification. Therefore, the papers should clarify that its suggesting theory is academic or practical, majority or minority view. Some suggestions raised above are to establish the Korea's own civil law theories in the end.

목차

Ⅰ. 들어가면서

Ⅱ. 우리나라 의료과오판결의 구조분석

Ⅲ. 검토과제

Ⅳ. 일본 의료과오책임법 연구에 대한 虛와 實

Ⅴ. 맺는 말

참고문헌

Abstract