의료법상 의료인단체의 설립능력-대한간호협회와 대한간호조무사협회의 갈등을 중심으로-

This study suggests a sensible solution to the conflict between the Korean Nurses Association and the Korean nursing assistants(Licensed Practical Nurse) associationor an effective safety system for people's lives and health. This view is in line with the goals of both associations: protecting people's lives and health by ensuring the best quality of care. In this article, the prerequisites for the establishment of a statutory professional association according to the Medical Act are examined, and then the formal requirements of medical specialists and the practical requirements for a high-quality care system as a necessary and sufficient requirement for the establishment of the statutory professional association. In addition, with regard to the practical requirements, the establishment of a statutory professional association, the accession system, the existence of training ability and self-government ability are regarded as important criteria. In addition, this paper examines the formal requirements of medical personnel and the practical requirements for a high-quality care system as a necessary and sufficient prerequisite for the establishment of the statutory professional association according to the Medical Law. In addition, the establishment of the statutory professional association, the accession system and the existence of rehabilitation and self-cleaning capacities are seen as important criteria with regard to the practical requirements. Even when setting up an independent specialist knowledge system that is one of the requirements of the specialist, the specialist knowledge system of the nursing assistant must depend on the specialist knowledge system of the nurses. It should be noted that it cannot be independent. It is then assessed that, particularly in self-discipline, the Korean association of nurses is limited to the independent practice of association of nurses and is unfavorable, as is the case in the discipline of unlicensed nursing records. Finally, the path is followed to meet the intent of the medical law, which guarantees the best quality of care, by setting up a self-regulatory system that ensures the autonomy of nurses.