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Consideration of legal policy for revitalization of healthcare

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2020, 8(4), pp.175-220
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : November 10, 2020
  • Accepted : November 25, 2020
  • Published : November 30, 2020

Youngkook Kim 1

1법조협회

Candidate

ABSTRACT

Our life after COVID-19 will be proceeded wholly in different way comparing to before. It is because it is expected that digital society based on data would change our life rapidly. It has been discussed about how personal information would be used mainly focusing on its protection. However, the discussion would go further to the direction of minimizing the risk of personal information protection while considering how to utilize the information first. In fact, it is not the exaggeration if the dispute over the protection and utilization of personal information is meaningless here and now in the age of the Fourth Industrial Revolution. The discussion should be begun from the perspective 'how we utilize personal information'. The risk of personal information infringement can be minimized by using the technology such as Block Chain. The system should be established so the main agent of personal information can control his or her own information and the strict and reasonable responsibility for security should be loaded to the main agents or operators of the information in case it is used for research purpose and other commercial purpose. The importance of protection is emphasized especially against healthcare regarding it uses the sensitive personal information, however, it is the field with the highest efficiency in respect of secondary utilization of personal information. Recently, whether non-medical practitioners who don't have the qualification can provide the health-related service is widely discussed as people show the higher interest in health care. Healthcare service by non-medical practitioners is not allowed or very restricted according to Medical Law and Bioethics Law. New legal definition is required to differentiate healthcare from the medical activities done by medical practitioners with the qualification in respect that healthcare is the wider concept than the category of medical activities based on Medical Law or health and medical treatment by Framework Act on Health and Medical Services. Legal supplement is needed to classify healthcare service that is health management service as one of industrial category regarding that the range of people especially who will participate in health and medical care industry is supposed to be wider than that of medical practitioners. This thesis discussed the plan of revitalizing health care paying attention to Data 3 act revised in January, 2020, telemedicine that has been constantly discussed since 2000 and 'Health Management Service Law' discussed as the article to be legislated in 2010. The meaning of COVID-19 is not small in human history. It is because it would cause new revolution that changes the paradigm of business as well as existing everyday life. Healthcare itself is important in respect of industry, however, it can be regarded as the key issue that can influence on revitalization of all economic activities as it is linked to personal health and prevention of epidemics directly and indirectly. So, we should take the open attitude and spend efforts to solve the problems actively by analyzing legal issues in more practical point of view and suggesting the reasonable plan when we discuss the agenda related with healthcare.

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