醫師와 患者의 法律關係에 관한 考察

• 영문명: A study on the juridical relation of doctor and patient
• 발행기관: 원광대학교 법학연구소
• 저자명: 박종원(Park, Jong-Won)
• 간행물 정보: 『원광법학』제26권 제1호, 449~470쪽, 전체 21쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.03.30

영문 초록

As a rule, the juridical relation of doctor and the patient in compliance with a contract is formed. But the juridical relation of doctor and the patient in compliance with a contract not to be, the case which is formed is. In principle, the medical treatment contract is compensatory contract. The motion form which is drawn up in name of operation written consent etc. roughly about contents or dangerousness of medical treatment act is becoming the explanation and is becoming the autographic signature and limits in case and the legal effect is recognized. Therefore the motion form which is formal is not a legal effect. About legal nature of medical treatment contract the various theory is opposing. The common opinion is charge contract opinion but the attitude of judicial precedent is not clearly. About patient debt of doctor is not result debt but means debt. Doctor legal as a matter of duty without the case which will give medical treatment the patient, relationship of doctor and the patient office management or must understand in factual contract. The person concerned of medical treatment contract generally is doctor and the patient. But the case where the legal representative or the guardian substitutes the patient is. When the medical treatment contract is formed, doctor is made to charge a medical treatment duty and the patient makes a repair urgent duty charge. In addition, doctor explanation duty, secret outstanding duty and medical treatment record duty, charges all the member obligatory etc. And the patient charges a medical treatment cooperative duty.

목차

Ⅰ. 序 論

Ⅱ. 契約에 의한 경우

Ⅲ. 契約에 의하지 않은 경우

Ⅳ. 醫療契約의 當事者

Ⅴ. 醫療契約上의 義務

Ⅵ. 結 論

참고문헌

Abstract

키워드

의료계약 수단채무 사무관리 사실적 계약관계 제3자 보호효있는 계약 Medical treatment contract Means debt Factual contractual relationship Office management The contract which is third person protective effect