의료과오의 민사책임

최상회 충북대학교 법학연구소 2009 法學硏究 Vol.20 No.1

Despite of the remarkable progress of medical science, the medical mistakes is on the increasing tendency. This medical mistakes between physician and patient have become serious social problem. The increase of medical mistakes is believed to be caused mainly by the lack of confidence in doctor-patient relationship. As with the development of medical technology, the increasing awareness of human rights, and the enlargement of National Health Insurance, the medical mistakes litigations are rapidly increasing in these decades. Medical Mistakes is an inaccurate or incomplete diagnosis and treatment of a disease; injury; syndrome; behavior; infection or other ailment Medical Malpractice is professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient. Everyone knows there is no almighty panacea in the world. Jurisdictions couldn't take parts of both sides absolutely. I dare to say that no perfect regime about this sophisticated social problem exists. But we should establish a fair and persuasive norm of conduct and judicial judgement to protect maximum interests of patients on one hand, and to guarantee physicians' right or duty to carry on their works. Standards and regulations for medical malpractice vary by country and jurisdiction within countries. Medical professionals are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice. The one is the introduction of a medical professional liability insurance system.

정신질환자의 자상(自傷)·타해(他害)사고에 대한 의료과오책임

최상회 충북대학교 법학연구소 2010 法學硏究 Vol.21 No.1

In the present age, the medicine of every field progresses with rapid speed. Hereupon, the present medicine divides diversions with a specialization and collaboration on patient's medical care. Psychiatric medicine is closely related with law, moral and ethics, and conflicts interests among them. Thus, it is necessary to adjust interests and conflicts between psychiatrist and patient. Psychiatric malpractice is medical malpractice. Medical malpractice is tort, or civil wrong. Medical malpractice is professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient. Standards and regulations for medical malpractice vary by country and jurisdiction within countries. Medical professionals are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice. In korea, Mental Health Act(MHA) is enacted in 1995 in order to promote mentally ill person's medical treatment and rehabilitation. Korea MHA enact various provisions for the benefit of mentally ill person. Among those, all the mentally ill persons are guaranteed human dignity and value by the law. Korea MHA promulgate voluntary admission and involuntary admission of psychiatric hospital. In advanced countries such as USA, Japan, voluntary admission is main stream form of hospitalization. But, in our country, large part of hospitalization is involuntary admission. On this point, correcting is required for the betterment of mentally ill person's human rights.

민법에서 권리론의 실현과 역할

최상회 원광대학 법학연구회 2014 法學硏究 Vol.30 No.1

의약품의 허가사항 외 사용으로 발생한 사고에 대한 의사와 제약회사의 책임

최상회 대한변호사협회 2009 人權과 正義 : 大韓辯護士協會誌 Vol.- No.400

Off-label use is the practice of prescribing pharmaceuticals for a purpose outside the scope of a drug’s approved label-an unproven, untested use - most often concerning the drug’s indication. In Korea, The pharmaceutical affairs law permit physician and other healthcare practitioners to prescribe approved medications for other than their intended indications. Marketing information for the drug will list one or more indications, that is, illnesses or medical conditions for which the drug has been shown to be both safe and effective. Pharmaceutical companies are not allowed to promote a drug for any other purpose without formal KFDA approval. However, once a drug has been approved for sale for one purpose, physicians are free to prescribe it for any other purpose that on their professional judgment is both safe and effective, and are not limited to official, KFDA approved indications. Off-label use dose not have a discussion in korea but Off-label use of medication is very common. Some drugs are used more frequently off-label than for their original KFDA-approved indications. And, there is usually extensive medical literature to support the off-label use. This paper have a think about a background of a difference between the perception in medical and law. And this paper is studying liability of a doctor and pharmaceutical company. 의약품의 허가사항 외 사용이란 약이 효용과 관련해서 대부분 증명되거나 실험되지 않은 허가범위 밖의 용도로 사용하는 것을 말한다. 우리나라 약사법에서는 의사가 식품의약품안전청이 승인한 의약품만을 처방하도록 하고 있다. 또한 약에 대한 시장정보는 약의 안전성과 유효성에 대한 질병이나 의학적 상황을 하나 이상 목록으로 만들수 있고 제약회사는 식품의약품안전청의 승인 없이 다른 목적으로 약을 판매하는 것은 허락하지 않는다. 그러나 일단 약이 한 가지 목적으로 판매에 대한 승인을 얻으면 의사들은 식품의약품안전청의 승인이나 공식적인 한계 없이 안전하고 효과적으로 그들의 전문적인 판단에 따라 다른 목적으로 자유롭게 처방한다. 우리나라의 경우 의약품의 허가사항 외 사용에 관한 논의가 많지 않지만 허가사항 외 사용은 많이 행해지고 있다. 그리고 어떤 약은 원래 식품의약품안전청에서 승인받은 것보다 허가사항 외 사용으로 더 많이 이용되는 것이 현실이며, 일반적으로 대부분의 의학보고서들은 통상 허가사항 외 사용을 지지하고 있다. 이 논문은 의학계와 법학계의 인식차이를 배경으로 해서 의약품의 허가사항 외 사용에 기인하여 사고가 발생한 경우에 그러한 방법에 의해 의약품을 투여한 의사와 제약회사의 책임문제를 검토하고, 의약품의 사용에 관한 사고처리의 방법을 생각해보고자 하였다.

인체 및 인체부산물의 법적지위

최상회 충북대학교 국가위기관리연구소 2009 충북대학교 국가위기관리연구소 학술세미나 Vol.2009 No.1

법사회학적 관점에서 본 교육법

최상회 忠北大學校 法科大學 法學硏究所 2005 法學硏究 Vol.16 No.1

-본문참고-

키토산과 아크릴아마이드 그라프트공중합체의 항균효과

최상회,최세영,정석진 한국키틴키토산학회 2009 한국키틴키토산학회지 Vol.14 No.4

Water-soluble Chitosans, CsAa, were prepared by grafting acrylamide on an amino group of chitosan, and identified the structure of grafted chitosan using 1H-NMR and FT-IR. The chitosan derivatives were used to improve the solubility of chitosan in water. The deacetylation degree of the chitosan was 93.2%. The viscosity-average molecular weights of Cs and CsAa were 5.36×105, 1.78×106, respectively. Good antimicrobial effect was Staphylococcus aureus, Streptococcus pyogenes, and Escherichia coli. The antibacterial effects with the concentration of CsAa for Staphylococcus aureus, Streptococcus pyogenes, and Escherichia coli were 97.5% at 100ppm, 96% at 100ppm, and 92.5% at 100ppm, respectively. Also, 100% at 500ppm for three kinds of mentioned above.

無過失責任의 現代的 意味

崔相會 충북대학교 법학연구소 2001 法學硏究 Vol.12 No.-

獨逸의 危險責任에 관한 小考

최상회 충북대학교 법학연구소 2001 開新法學 Vol.1 No.-

소프트웨어 거래에 대한 CISG의 適用여부에 대한 一考察

최상회 한국경영법률학회 2010 經營法律 Vol.20 No.2

The United Nations Convention on Contracts for the International Sale of Goods(CISG) has been adopted in 1980 and it has entered into 1988. It has legislated for providing a uniform law of international sale of goods. However, the Convention does not apply to all of the international sales. The CISG excludes a specific sale of goods, which is a material aspect of applicability such as specific sale of goods, which is a material aspect of applicability such as specific categories of goods, specific categories of transactions, specific types of sale and the product liability of the supplier. Software includes all the various forms and roles that digitally stored data may have and play in a computer(or similar system), regardless of whether the data is used as code for a CPU, or other interpreter, or whether it represents other kinds of information. Software thus encom- passes a wide array of products that may be developed using different techniques such as ordinary programming languages, scripting languages, microcode, or an FPGA configuration This paper argues for extending sphere of application of CISG to software transactions in addition to sales of goods. The application of CISG to such transaction seems particularly justified if one agree that the CISG's ultimated goal is to promote the uniform application of rules in international business transactions. But the application on the convention must carefully consider, because software transaction is new territory different from the international sale of goods.