중국 의료소송에 있어서의 입증책임과 구성요건

• 영문명: The Burden of Proof and Component of Article in Chinese Medical Litigation
• 발행기관: 원광대학교 법학연구소(의생명과학법센터)
• 저자명: 김정진(Kim Jung-Jin)
• 간행물 정보: 『의생명과학과 법』제12권, 57~79쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.12.30

영문 초록

Recently, that a Korean star performer was killed in medical accident became a controversial issue. Besides, the accident opened up the possib ility that a patient will put in a claim for damages by medical accident. G enerally, for the public, it was almost impossible to demand reparation for damages by medical accident despite there is related legal provisions. The burden of proof lies with the patient, and it is a laborious task for t he patient because of the problem with asymmetries of information between patient and medical institutions. In medical disputes, thus, the possibility of a claim for damages depends on who has the burden of proof. In the past, medical accident was treated in accordance with the principle of liability without fault which is one of the traditional 귀책 responsible ways. Consequently, it was hard to determine the specific fact relevance about medical accident. However, the principle of liability with fault has been changed to either the principle of presumption of negligence or the principle of liability without fault in modern times. With the change, the burden of proof lied on patient in medical accident was lightened. Thus, the paper will investigate the way of imputation responsibility regulated under the responsibility of medical damage of chapter 7 in Chinese Tort Law, which was legislated in 2009, first. Next, it will review the type of medical accident, and what China adopts as the way of the burden of proof through the application of specific cases. It is worth to review in that it will provide basic data about the dispute resolution for the liability of medical demage under Korea-China FTA regime to Korean researchers. Furthermore, this study will generally examine the burden of proof when medical accident occurs according as the type of the liability of medical damage.

목차

Ⅰ. 시작하며

Ⅱ. 의료손해배상책임에 대한 이해

Ⅲ. 불법행위의 구성요건 변천과 귀책원칙론

Ⅳ. 의료손해책임의 유형별 구성요건 및 입증책임

Ⅴ. 맺으며

키워드

의료분쟁 중국 불법행위법 입증책임 과실추정 무과실책임 medial dispute Chinese Tort Law burden of proof presumption of negligence liability without fault