의료법 제17조 제1항의 ‘직접 진찰’의 의미와 의료법상 원격의료 부분의 개정방향 - 대법원 2013. 4. 11. 선고 2010도1388 판결을 중심으로 - = The meaning of ‘Directly examining patients’ in Medical Services Law Article 17section 1 and suggest how to revise telemedicine section of Medical Services Law in force

다국어 초록 (Multilingual Abstract)

The main purpose of this paper is to consider the meaning of ‘Directly examining patients’ in Medical Services Law Article 17section 1 and to suggest how to revise telemedicine section of Medical Services Law in force. According to Medical Services Law Article 17section 1, the doctor who did not examine patients directly can not write prescription. Supreme court and the constitutional court had contradictory conclusion about if ‘Directly examining patients’ means ‘face-to-face medical’ treatment or not. The reason why this difference occur is law does not reflect development of science and national consciousness. Also elements of administrative penal law is unclear. This thesis will examine how the Supreme Court and the Constitutional court interpret the meaning of ‘Directly examining patients’. And then it will check why conclusion of Supreme court is more reasonable. However, according to construction of Supreme court it is to acknowledge telemedicine between health professionals and patients which is not provided in current medical law. Therefore this paper will suggest the Medical Services Laws`s revision direction after checking revised bill of Ministry of Health and Welfare and status of telemedicine in each country. Expansion of telemedicine is irreversible trend. However, safety of telemedicine is not verified yet so ‘face-to-face medical’ should be ruled in the Medical Services Law. Also essential area of telemedicine and object which necessarily needs telemedicine should be specific as well as method of telemedicine should be clearly determined.