의약품 부작용 피해구제제도 조사 및 실시방안의 법적 연구
Legal Study on Relief Measures of Demage by Pharmaceutical Side Effects
조형원(상지대학교)
8권 2호, 587~621쪽
초록
The purpose of this thesis is to investigate the legal liabilities of drug induced injury and to get the rational and efficient relief measures by phamaceutical side effects. There is the legal liability as for the procedure of drug service, for example drug manufacturer's product liability and sales liabilities because of manufacture's, drug construction's and direction's defects. Government has the legal liability as for the fault not to keep the drug safety as well as legal liability as for the fault of drug manufacture licence delivery. Doctor and Pharmacist have the legal liability as for the drug prescription and delivery. When the patients disregard the directions to take medicine, the patients also have the legal liability. If there are many causes as for drug induced injury, Each liability can be competed. Drug-induced injury has some special problems, the retardation of injury, not foreseeablity of drug side effect and the dual system of seeking the liability etc. Whenever drug-induced injury has happened, the injury is wide and serious and the scope of being guarded against drug-induced injury is serious. Because drug-induced injury has the difficulty in proving the illegality and causation, there are many difficulties in performing lawsuits. But our society must demand the law compatible in solving injury problem and the rational and efficient system.
Abstract
The purpose of this thesis is to investigate the legal liabilities of drug induced injury and to get the rational and efficient relief measures by phamaceutical side effects. There is the legal liability as for the procedure of drug service, for example drug manufacturer's product liability and sales liabilities because of manufacture's, drug construction's and direction's defects. Government has the legal liability as for the fault not to keep the drug safety as well as legal liability as for the fault of drug manufacture licence delivery. Doctor and Pharmacist have the legal liability as for the drug prescription and delivery. When the patients disregard the directions to take medicine, the patients also have the legal liability. If there are many causes as for drug induced injury, Each liability can be competed. Drug-induced injury has some special problems, the retardation of injury, not foreseeablity of drug side effect and the dual system of seeking the liability etc. Whenever drug-induced injury has happened, the injury is wide and serious and the scope of being guarded against drug-induced injury is serious. Because drug-induced injury has the difficulty in proving the illegality and causation, there are many difficulties in performing lawsuits. But our society must demand the law compatible in solving injury problem and the rational and efficient system.
- 발행기관:
- 한국법정책학회
- 분류:
- 법학