보안처분으로서 독일의 직업금지명령- 의사의 범죄에 대한 대응을 중심으로 -

So far, no profession between law and professional ethics has been discussed as much as doctors. Discussions about the qualification (or license to practice) of doctors are not only a question of Korea, but also an important topic of discussion in most civilized countries, especially when a doctor is punished for a criminal offense. Recently, the Korean Medical Association has been widely opposed to the "Draft Medical Reform Bill" which extends the grounds for disqualification for a doctor's crime. Above all, attention is drawn to the risk of withdrawing a license to practice offenses that are not related to professional obligations. However, it is sensible to prohibit the profession or trade if a professional has committed the act by abusing his profession or grossly neglecting his duty and there is a risk that he will continue to pursue his profession, committing significant illegal acts of the type described. The prohibition of practicing a profession is intended to protect the general public against the specific dangers associated with the practice of a profession or tissue. Since the professional prohibition only prohibits the practice of the profession, but allows the license to practice medicine itself, the license to practice medicine can, in its own decision-making authority, withdraw, revoke or order the license to practice medicine. In accordance with the principle of proportionality, however, the professional ban is also to be limited to certain activities in the field of the profession, if this is sufficient to achieve the purpose of the measure, i.e. the protection of the general public. In this article, the requirements of the professional ban and the cases actually addressed to doctors and medical staff were examined.