전공의와 교수 간 수직적 분업과 형사적 책임에 관한 고찰 - 대법원 2022. 12. 1. 선고 2022도1499 판결에 관한 평석을 중심으로

• 영문명: A Study on the vertical division of labor and criminal responsibility between doctors and professors : Based on the commentary on the Supreme Court's sentence 2022 Do1499 on December 1, 2022
• 발행기관: 충북대학교 법학연구소
• 저자명: 김성은(Sung-Eun Kim) 백경희(Kyoung-Hee Baek)
• 간행물 정보: 『법학연구』第35卷 第2號, 101~132쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2024.12.31

국문 초록

Due to the diversification of diseases and specialization of treatment, team system-oriented healthcare involving multiple doctors and nurses is accepted as universal. In today's medical reality, doctors, nurses, and medical technicians form teams to provide more comprehensive and intensive diagnosis and health care services, while this pattern intensifies as the medical institution grows or the disease becomes more serious. Since this team-oriented healthcare involves several doctors and medical personnel in the course of treatment for one patient, it is essentially accompanied by the division of medical practice between doctors and doctors and, at the same time, supervision of lower-level medical personnel that must be performed by upper-level medical personnel in this organized work performance structure. In other words, the “vertical division of labor in medical service” between upper-level and lower-level medical personnel presupposes instruction or delegation of work, which at the same time means that there is an obligation to supervise and supervise lower-level medical personnel. In particular, it has been considered to have been limited by default to completely delegating work by professors with respect to the attribution of responsibility in the event of bad results from medical practice, or to determine or implement dangerous medical practices without obtaining approval from professors. However, the Supreme Court's ruling expands the existing view by saying that in the case of vertical division of labor, such as professors or doctors, specific medical practices can be fully delegated in consideration of individual and specific circumstances. This will have a significant impact on the delegation, management, and supervision of doctors and nurses in the future, as well as the relationship between the top and bottom. In particular, nurses are expected to change significantly in their relationship with doctors and the range of tasks that nurses can perform due to the recent enactment of nursing laws. Accordingly, the Supreme Court ruling is expected to change the previous view on the law of delegation, which will entail more complex and diversified changes in clinical fields not only in the relationship between doctors but also in the relationship between doctors and nurses. This paper aims to improve the health of the people and reorganize the medical provision system by examining legislation and recent government policy announcements related to the target judgment and clinical reality, and suggesting the direction of improvement of laws and systems.

목차

Ⅰ. 대상판결과 문제의 소재

Ⅱ. 팀의료와 수직적 분업

Ⅲ. 전공의와 교수 간 수직적 분업의 특수성

Ⅳ. 대상판결에 대한 검토

Ⅴ. 결론

키워드

수직적 분업 전공의 이중적 지위 간호법 의료행위의 위임 Vertical division of labor Trainee doctor Dual status Nursing Law Full delegation of medical practice

참고문헌

• 법학연구
• 의료법학
• 의료정책포럼
• 법학연구
• 고려대학교 박사학위논문
• 의료법학
• 법학논총
• 의료정책포럼
• 성균관법학
• 연세법학연구
• 의료법학
• 형사판례연구
• 한림법학 Forum
• 법이론실무연구
• 의료법학
• 법학논총
• 의료법학
• 형사법연구
• 형사판례연구