의료법상 직접진료 원칙과 그 예외에 관한 소고

Article 17 of the Medical Law mandates that physicians provide ‘direct’ medical care in order to issue prescriptions to patients. However, if a physician provides care via telephone or videophone and issues a prescription despite the patient not visiting a medical facility, it is unclear whether to view this as a breach of the direct care requirement. While the views of Constitutional Court and the Supreme Court are at variance, considering the historical background as well as the purpose and structure of health care laws, it is apparent that the direct care requirement is based on the premise of face-to-face encounters between physicians and patients. Telemedicine, promoted by the government, is are presentative example of non-face-to-face care and an exception to the principle of direct medical care, and needs to be carefully approached as it changes the traditional healthcare system. Changes in the healthcare system denote changes in the ways of protecting the lives and health of the people. Therefore, it is essential to recognize the risk of side effects of telemedicine and to precede implementation with verification of its safety and validity. At this time, a phased approach that involves forecasting of changes in the healthcare system and supplementing related systems by publicizing the issue is needed.