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원격의료의 법적 쟁점Legal Issues in Telemedicine

Other Titles
Legal Issues in Telemedicine
Authors
이호용
Issue Date
Nov-2021
Publisher
한양법학회
Keywords
원격의료; 직접 진찰; 비대면 진찰; 원격자문; 원격모니터링; 의료정보의 전송; Telemedicine; Direct Examination; Non-face-to-face Examination; Remote Consultation; Remote Monitoring; Transmission of Medical Information
Citation
한양법학, v.32, no.4, pp.3 - 29
Indexed
KCI
Journal Title
한양법학
Volume
32
Number
4
Start Page
3
End Page
29
URI
https://scholarworks.bwise.kr/hanyang/handle/2021.sw.hanyang/140465
DOI
10.35227/HYLR.2021.11.32.4.3
ISSN
1226-8062
Abstract
The social environment of the increase in chronic diseases due to the development of information and communication technology and the aging of the population has ignited the debate on the introduction of telemedicine, but with Corona 19, a global pandemic declared in 2020, the telemedicine debate has entered a new phase. Telemedicine is a field in which information and communication technology and medical services are fused. Although expectations for the advancement of civilization to be provided by digitalized medical services are growing, telemedicine is still a medical practice, and the limitations imposed by the Medical Act cannot be avoided due to the sensitivity and responsibility of medical practice. This is because, no matter how advanced medical technology is, it must ultimately conform to the essence of medicine. It is for this reason that medical professionals are concerned that 'remote' is emphasized over medical care in 'telemedicine'. However, this does not mean that face-to-face medical care cannot be adhered to. The global pandemic situation immediately showed the true nature of telemedicine. Therefore, we cannot avoid the reality of having to improve regulations so that we can enjoy the benefits of information and communication technology while preserving the essence of medical care. In this paper, after confirming the basic viewpoints of the pros and cons of the full-fledged introduction of telemedicine (telemedicine), are the medical personnel limited to doctors, dentists, and oriental doctors in teleconsultation? Whether the act of confirming is also a medical practice was examined, and the discussion on the face-to-face medical practice, an issue at the center of the permissibility of telemedicine, was dealt with in depth based on precedents. Discussions about digital medical services, sparked by telemedicine, are not only unsettling the 'face-to-face' requirements of medical practice, but also questioning the 'professionalism' requirements. It can be understood in the same context that we are getting more and more familiar with the term medical service rather than the term medical practice. Discussion on the establishment of roles not only for medical personnel but also for those who provide medical-related services, such as information and communication engineers, is another task that needs to be progressed in the future.
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