의료와 생명공학에 대한 의료법학의 성과와 발전

• 영문명: Product and Prospect of Korean Medical Law related with Medical Treatment and Gene-technology
• 발행기관: 한국민사법학회
• 저자명: 김천수(Kim Cheon-Soo)
• 간행물 정보: 『민사법학』제36호, 491~540쪽, 전체 50쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2007.05.31

영문 초록

This paper aims at a general survey of the product and prospect of the Korean Medical Law under the Civil Law. The interface between the medical law and civil law is located in the legal approach of the medical treatment and the phenomena of life. The medical law extends speedily to many new fields. Accordingly, the concept of medical law has changed. So far the medical law has been recognized as a field, in which just the liability and penalty is discussed in case of medical accidents. It has touched on the recovery of their personal interests, that is, their bodily and mental interests including their life after they were injured by medical malpractice. Our medical law papers refer, however, now to the law ruling the bio-technology even before damage is caused by it. According to advance of the medical technology and bio-technology, medical practice does not extend to maintenance of human life but also to its beginning and ending. Medical intervention in beginning of human life includes artificial insemination or reproduction, human cloning, prenatal care, abortion and so on. From the beginning of human history, we have witnessed abortion, and then now we faced the new problems caused by the new technology by which we can confirm the abnormality of chromosomal composition. One of the new problems is wrongful life or birth. Argument about artificial insemination or reproduction and human cloning should be precede by the discussion of human life itself. Medical intervention in ending of human life is typically negative euthanasia. It has been debated whether we can suspend a medical treatment of a person with a dead brainstem, that is, a brain-dead person. The debate is on the assumption that the medical treatment of such a person is medically futile. This issue did not need to be discussed until we advanced in the medical technology by which we can enlarge the time between the brain-death and the heart-death. The issues caused by the enlargement need the humane study of human life itself. Another medical intervention in ending of human life is positive euthanasia, by which human life ends earlier than by the natural death. So far the Korean medical law produced many papers discussing the above mentioned issues and their argument commands the very deep analysis and raises the disciplinary study among law, medicine, philosophy, biology and so on. From now on we need to spread the argument into the Korean society and converge the opinion of majority, in order to make law properly.

목차

Ⅰ. 서론

Ⅱ. 의료행위와 민사법학

Ⅲ. 생명현상에 관한 법학적 고찰

Ⅳ. 결론

키워드

기형아 낙태 생명공학 생명현상 설명의무 설명해태 안락사 응급의료 의료계약 의료분쟁 의료사고 의료소송 의료행위 인간복제 인공수정 자살시도환자 진료거부 진료과오 진료의무 치료중단 필수의료 ADRdeformed child abortion bio-technology phenomena of life duty to disclose default of disclosure euthanasia medical treatment in emergency situations medical contract medical dispute medical accident medical litigation medical treatment human cloning artificial insemination artificial reproduction patient committing suicide refusal of medical treatment medical malpractice duty of medical treatment suspension of medical treatment indispensable medical treatment ADR