｢의료법｣ 제1조에 대한 고찰

초록

This study examines the legal significance and interpretation of Article 1 of the ｢Medical Service Act｣, analyzing its role within Korea’s healthcare law system and its relationship with other Acts. Article 1 of the ｢Medical Service Act｣ aims to protect and promote public health by defining the rights and duties of medical professionals and establishing medical order. However, the current legal framework includes a vast number of healthcare-related Acts, which sometimes lead to confusion in their relationships and application, particularly in connection with the ｢Framework Act on Health and Medical Services｣ and the recently enacted ｢Nursing Act｣. This study reviews the historical development and revisions of Article 1 of the ｢Medical Service Act｣, revealing that its changes have been influenced by social and economic factors and that it has consistently functioned as a fundamental legal framework in the healthcare system. Notably, the 2007 revision of the ｢Medical Service Act｣ expanded the scope of medical benefits to all citizens and emphasized the public nature and equity of medical services. Furthermore, an analysis of its relationship with the ｢Framework Act on Health and Medical Services｣ indicates that while the latter addresses higher-level health policies and administration rather than medical practice itself, the ｢Medical Service Act｣ remains the primary legal foundation governing medical practice and medical professionals. Additionally, an assessment of the impact of the ｢Nursing Act｣ on the medical law system suggests that, although the act provides a more detailed regulatory framework by separating nursing-related provisions from the ｢Medical Service Act｣, a clearer distinction between their respective roles is necessary. This study highlights the need for continuous development of Article 1 of the ｢Medical Service Act｣ as a core provision of the healthcare system. It also underscores the importance of refining the legal framework to enhance the stability and effectiveness of medical services.

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