의료인 등에 대한 폭행 등에 대한 처벌규정의 문제점과 개선방안- 의료법을 중심으로 -

Medical practitioner, etc., in the place where the practice is conducted. This is intended to protect medical personnel or those who receive medical care, the right to care and the right to receive care. Furthermore, the Act stipulates that severe punishment should be imposed in cases that result in serious consequences through assault or intimidation. However, First, under the medical law, the punishment of assault and injury is lower than that of assault, which is contrary to the intent of the medical law. Second, although the medical law stipulates that blackmailing is a consequential aggravated offense, it is acceptable if there is a risk of serious consequences in the act of intent in order for the resulting weighting to be established. Therefore, it should be said that the resulting weightlifters through intimidation are not established Third, the medical law is a special law of criminal law. Therefore, they should first look at what the act is and whether it is justifiable only if they are punished more severely than the criminal law. Therefore, it is reasonable to discipline under the Medical Act only for actions that need to be severely punished. Therefore, it should be applied only to serious crimes through assault or intimidation. Fourth, when a person commits an offence under the Medical Act in a state of mental and physical disorder caused by drinking, the medical law provides an exception to his or her ability to take responsibility. The reasons are to protect the right to care and the right to receive care. However, it is believed that there is no justification for an exception to the criminal law regarding the ability of the medical law. If it is argued that the right to care or the right to receive medical treatment is violated to prevent harm to life or the body, the Road Traffic Act provides an exception but does not have an exception.