전자의무기록 변개(變改)에 대한 형사책임과 대응방안

• 영문명: Criminal Responsibility and Response Related to False Electronic Medical Record
• 발행기관: 원광대학교 법학연구소
• 저자명: 권양섭(Kwon Yang Sub)
• 간행물 정보: 『원광법학』제31권 제1호, 179~198쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.03.30

영문 초록

This paper discussed criminal responsibility and response related to false electronic medical record. The result of the study is as follows. medical records are documents that record the state of the patients and result of treatment and cannot be seen as a proof. Therefore, it does not constitute the act of false diagnosis, or forgery or modification of private document under criminal law, because forgery or modification under criminal law can be only committed by a person unauthorized to make such documents. It cannot be punished by the Medical Law Article 22 as well. In this provision, 'in detail' means filling out the medical record insufficiently. False statement is different from inadequate statement. Therefore, according to the principle of legality, it does not apply to the Medical Law Article 22. In conclusion, there is no legal basis by which false electronic medical record can be punished. For that reason, the Medical Law must be revised to create relevant penalties. To investigate false electronic medical records, digital forensic technology must be used. In this study, the following was suggested as a legal system to use digital forensic. Electronic medical record needs to be standardized and a new provision be created regarding the obligation to store and discard log records. Also, a national management system must be established for electronic medical records and digital forensic training be provided to nurture experts. By doing so, we can prevent false electronic medical records and use digital forensic in investigation.

목차

Ⅰ. 들어가며

Ⅱ. 전자의무기록의 의의와 작성요건

Ⅲ. 전자의무기록 변개행위에 대한 형사책임

Ⅳ. 전자의무기록 변개행위의 입증과 증거능력 확보방안

Ⅴ. 결론

참고문헌

키워드

전자의무기록 진료기록 허위진단서 전자기록 기록 변개 위조 electronic medical record protocol electronic records log alteration