醫師의 治療 前 說明義務와 患者의 同意權(自己決定權)

• 영문명: Duty of Informed Consent of Doctors before Medical Treatment and Agreement of Patients (Self-Determination)
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 채순(Soon Chae)
• 간행물 정보: 『비교사법』比較私法 제14권 제4호, 477~521쪽, 전체 45쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.12.30

영문 초록

  As mentioned above, the theory of the duty of the informed consent of doctors and self-determination of patients was examined. If the medical practice of doctors is justified by people, it may not be a legal behavior until they specifically explain Medical Eingriff to patients and receive the agreement from patients. The ground of admitting the informed consent and the agreement can be based on the dignity of man and the right to pursue his/her happiness guaranteed under Article 10 of the constitution in theory. In some countries of the world, ethical standards, such as The Charter of Right, the Declaration of Rights of Patients, have already been established and they have taken the lead to protect the basic legal rights of patients.
  Also, in Korea, though there are no legal explicit regulations on the duty of the informed consent, that of doctors and that of patients are expressly stipulated in precedents of the Supreme Court. As there is no legal substantive enactment on the duty of the informed consent, however, there is collision between the duty of the informed consent and the discretionary power of doctors. And also, in some cases where the duty of the informed consent is exempted, if the discretionary power on the duty of the informed consent is so extended, it may result in the infringement of the basic legal right of patients. Therefore, by stating clearly the scope of the duty of the informed consent and the exemption of the informed consent legislatively, it is considered that it is valid to legislate the limitations of the discretionary power.
  Finally, though the duty of the informed consent of doctors and the self-determination of patients are the system for protecting the human rights of patients, there are continuous medical disputes and lawsuits because they do not perform their duty. That’s because patients are regarded as the subjects of medical benefits or there is a ruling vertical, authoritative practice. The purpose of medical practice in the past was to prevent and treat diseases, which was dominant, but at present, it changed into the optional regulations in which contractual rights and duty must be performed, so even the medical practice in the level of beauty management belongs to the category of disease. That is, it has become the absolute norm which can"t be free from duty. Therefore, the duty of the informed consent of doctors and the self-determination of patients shall be respected in terms of rights or the freedom of choice, and by being legislated as legal duty, they shall develop as special, legal principle on the dignity of man.

목차

Ⅰ. 序說
Ⅱ. 醫師의 說明義務
Ⅲ. 患者의 同意 權(自己 決定權)
Ⅳ. 結論
【참고문헌】
[Abstract]

키워드

설명의무 자기결정권 동의권 의료행위 의료과실 Duty of Informed Consent Self-Determination Agreement Medical Practice Medical Malpractice