응급의료종사자를 대상으로 한 폭행 등의 행위에 대한 몇 가지 문제점

Accidents in the emergency room are often reported in the media. In particular, the government revised the Emergency Medical Service Act in 2019 on the back of public opinion that violence against medical personnel should be severely punished for accidents in emergency rooms as well as medical personnel. However, emergency medical law has the following problems: First of all, the Emergency Medical Law protects the right to care for emergency medical workers and emergency patients, so it is also necessary to protect emergency patients. Second, the Emergency Medical Service Act severely punishes only those responsible for the consequences of violence as a basic crime. However, it is necessary to establish a criminal who committed a consequential aggravated crime in injury or injury because the scope of punishment is low despite the high illegality. In addition, the statutory penalty should be defined as the same statutory penalty as the result of the assault. Third, the Emergency Medical Law is intended to protect appropriate emergency medical practices for emergency patients. However, as emergency rooms are limited to emergency rooms, emergency medical law cannot be applied in cases outside the emergency room, and emergency medical personnel outside the emergency room are not protected. Therefore, emergency patients should be defined instead of emergency rooms. Fourth, although the Emergency Medical Law stipulates that the application of Article 10 paragraph 1 of the Criminal Law can be excluded, it is necessary to delete it because there is no justification or theoretical basis to be excluded. Fifth, the Emergency Medical Law is a special law of the Medical Law and it is necessary to protect more emergency medical workers for emergency medical practice for emergency patients. Since the emergency medical law provides a serious punishment, it is necessary to lower the punishment regulations under the medical law.