디지털 헬스케어의 정책 쟁점 및 입법과제 - 약칭 ‘디지털헬스케어법안’을 중심으로

• 영문명: Policy Issues and Legislative Tasks of Digital Healthcare : Focusing on the Proposed ‘Digital Healthcare Act’
• 발행기관: 충북대학교 법학연구소
• 저자명: 박대웅(Dae Woong Park) 류화신(Hwa Shin Ryoo)
• 간행물 정보: 『과학기술과 법』제16권 제1호, 1~33쪽, 전체 33쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2025.06.30

국문 초록

Digital healthcare is emerging as a new paradigm in healthcare, driven by advancements in information and communication technologies. In response, the recently proposed “Act on the Promotion of Digital Healthcare and the Facilitation of Healthcare Information Utilization” represents a legislative attempt to simultaneously promote industry growth and facilitate data utilization. However, relying solely on this special law is insufficient to ensure the safe establishment and sustainable development of digital healthcare, thus demanding a more comprehensive and nuanced legal reform. Firstly, the Digital Healthcare Act itself requires refinement. “Healthcare information” needs to be clearly distinguished into personal and non-personal data, and its types should be specified according to their purpose of use. Furthermore, the boundary between medical acts and non-medical health management services must be clarified to secure the latter's stable legal status. Secondly, regarding data utilization, the general legal framework, particularly the Personal Information Protection Act, must be simultaneously reformed. Pseudonymization should be explicitly defined as a personal information protection measure, with specific exceptional conditions and procedures for sensitive information. Thirdly, institutional reform for doctor-patient telemedicine through amendments to the Medical Service Act is urgent. Areas where safety and efficacy have been proven, such as remote monitoring for chronic disease patients, should be prioritized for institutionalization. Additionally, a separate regulatory framework, including a licensing system, needs to be established for medical platform operators, whose roles have rapidly increased with telemedicine. Lastly, regarding the right to portability of personal medical information, while its acceptance is high for treatment purposes, a thorough social consensus is required before expanding it to secondary purposes like research or industry. When designing the system, a reasonable compensation mechanism for medical institutions' roles and contributions should be discussed, alongside ensuring data subjects' rights.

목차

Ⅰ. 서론

Ⅱ. 디지털 헬스케어의 개념과 핵심 영역

Ⅲ. 디지털 헬스케어 관련 현행법제의 한계

Ⅳ. 디지털헬스케어법안 보완 방안

Ⅴ. 결론

참고문헌

키워드

디지털 헬스케어 보건의료데이터 원격의료 건강관리서비스 전송요구권 Digital healthcare Healthcare information Telemedicine Health management services Right to data portability