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학술논문한양법학2024.11 발행

반려동물 의료계약에 따른 수의사의 주의의무와 손해배상책임

Veterinarian's duty of care and liability for damages under the animal medical contract

홍진희(충북대학교 교양교육본부); 김판기(충북대학교 법학전문대학원)

35권 4호, 105~124쪽

초록

Recently, with the rapid increase in the number of people raising pets, cases of visiting veterinarians for the treatment of companion animals are increasing. As a result, disputes over medical contracts for companion animals are also increasing, and it is expected to increase further in the future. However, until now, there is not enough way to resolve disputes over medical contracts for companion animals. A medical contract for companion animals is established when the owner of the companion animal requests treatment from a veterinarian for the disease or injury of the companion animal, and the veterinarian initiates treatment or treatment in response. Through this delegation contract, the veterinarian is obligated to treat. Veterinarians require the attention of a good manager during treatment. If a veterinarian violates his or her duty of care, liability for damages can be a problem. In this paper, the medical contract for companion animals, which is a legal relationship between the companion animal owner and the veterinarian, and the veterinarian's duty of care were reviewed. Through this review, we seek ways to prevent and post-resolve disputes between companion animal owners and veterinarian, and ultimately find a way for harmonious coexistence between humans and animals. In the future, in the field of companion animal medical contracts, it is necessary to establish a dispute mediation agency to resolve disputes over companion animal medical accidents or to establish a system to monitor and evaluate the contents of veterinarians' medical treatment. In addition, various follow-up studies are needed in terms of policy to prevent disputes over companion animals in advance and resolve them smoothly in the event of a dispute.

Abstract

Recently, with the rapid increase in the number of people raising pets, cases of visiting veterinarians for the treatment of companion animals are increasing. As a result, disputes over medical contracts for companion animals are also increasing, and it is expected to increase further in the future. However, until now, there is not enough way to resolve disputes over medical contracts for companion animals. A medical contract for companion animals is established when the owner of the companion animal requests treatment from a veterinarian for the disease or injury of the companion animal, and the veterinarian initiates treatment or treatment in response. Through this delegation contract, the veterinarian is obligated to treat. Veterinarians require the attention of a good manager during treatment. If a veterinarian violates his or her duty of care, liability for damages can be a problem. In this paper, the medical contract for companion animals, which is a legal relationship between the companion animal owner and the veterinarian, and the veterinarian's duty of care were reviewed. Through this review, we seek ways to prevent and post-resolve disputes between companion animal owners and veterinarian, and ultimately find a way for harmonious coexistence between humans and animals. In the future, in the field of companion animal medical contracts, it is necessary to establish a dispute mediation agency to resolve disputes over companion animal medical accidents or to establish a system to monitor and evaluate the contents of veterinarians' medical treatment. In addition, various follow-up studies are needed in terms of policy to prevent disputes over companion animals in advance and resolve them smoothly in the event of a dispute.

발행기관:
한양법학회
DOI:
http://dx.doi.org/10.35227/HYLR.2024.11.35.4.105
분류:
법해석학

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반려동물 의료계약에 따른 수의사의 주의의무와 손해배상책임 | 한양법학 2024 | AskLaw | 애스크로 AI