醫療紛爭과 醫師賠償責任保險에 관한 고찰 － 한국의 의사배상책임보험의 문제점과 개선방안 －

In general, Medical malpractice breaks out doctor’s medical malpractice, a sufferer wanting to be compensated to him for his loss properly in this case. However, related with the compensation liability in charge of the doctor, the mechanism treats to prove for a doctor his professional misconduct[negligence] about responsible person in Korea. Nowadays, high frequency flowing in medical dispute and the satisfactory solution among them doesn’t exist to the contrary. At the most, Korean Medical Association mutual-Aid and Medical Liability Insurance, but these are not any proper compensation for the sufferer. Moreover, because of the peculiar property on Medical Dispute and the conflict of interests between the sufferer and the doctor, we have a difficulty in the solution. That is, the sufferer is suffered from severe mental, physical and economic[financial] pain by medical misconduct, and also the doctor would deny his medical liability beacuse of the compensation for damage[the loss] more than doctor’s bill. Of course, there are the non-litigation solutions(ADR) except to Korean Medical Association mutual-Aid and Medical Liability Insurance in Korea. what is called, civil mediation, non-governmental(NGO) mediation, medical judging committee and conciliation between the parties and so on. In spite of these alternative solution plans, because of the following reasons below the non-litigation solution has been rarely used in Korea. Breaking out medical dispute in Korean, the resolving problems are that they are caused by the doctor’s authority and skepticism about the dispute solution in the view to the sufferer. And in present, there is not more various government dimensional systems about medical dispute solution than the foreign nations’ ones. I suggest that the followings come true in the future. ⓐ compulsorily joining a member through the revision of medical regulations, ⓑ practical structuring and using of just and believable associations, ⓒ preparation of certain and practical regulations on medical Liability Insurance provision, ⓓ rethinking of the doctor’s moral behavior, also the self-rescue endeavor of Korean Mediacl Association and ⓔ constructing of the national dimension system in resolving medical dispute professionally[or technically].