진료의 보조와 의료기사행위의 업무 중첩에 관한 법제적 고찰 - 일본 법제와의 비교 및 해결방안을 중심으로 -

This paper examines the impact of the recently enacted Nursing Act on nurses’ and medical technicians’ scopes of practice, with a particular focus on areas of overlapping professional responsibilities. It further proposes adjustment measures through a comparative analysis of Japanese legislation. Although the practices of clinical assistance and medical technicians frequently overlap in healthcare settings, the current legal framework does not clearly delineate the boundaries between these roles. Article 12 of the Nursing Act stipulates that the duties of nurses do not include those prescribed by the Medical Technicians Act, thereby legally restricting potential overlaps in clinical assistance and support tasks. Nevertheless, the detailed scope and limitations are delegated to subordinate regulations, such as presidential decrees, which may still give rise to ambiguities and potential conflicts concerning the division of professional responsibilities. In Japan, nurses and medical technicians are governed by separate, profession-specific legal frameworks. Overlapping areas of responsibility have been addressed through legislative reforms and policy measures, leading to the progressive clarification and coordination of each profession’s scope of practice. Building on this analysis, the paper argues for the adoption of both legislative and institutional measures in Korea to resolve overlapping professional roles. Specifically, clearly defining the distinct scopes of each profession, along with establishing rigorous certification systems and institutional mechanisms, can enhance legal clarity and promote effective interprofessional coordination.