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A Legal Study on the Feasibility of a Mobile Pharmacy

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2022, 10(4), pp.301-324
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : November 3, 2022
  • Accepted : November 21, 2022
  • Published : November 30, 2022

HoChang Roh 1

1호서대학교

Accredited

ABSTRACT

In today's Korean society, the low birth rate and aging population are very serious. Aging is also linked to the occurrence of disabilities, especially in rural areas, where there are many elderly and disabled people. The problem is that these elderly people and the elderly with disabilities have various difficulties in using pharmacies or medical services in hospitals, because they feel uncomfortable or difficult to move on their own, so they fall into the medically vulnerable class. In the case of hospitals, there is a problem of transportation, time and cost, so if even medicines are more readily available when needed, there will be certain advantages. If so, you can consider introducing a mobile pharmacy using a vehicle. Through a mobile pharmacy using a vehicle, a pharmacist and a social worker can travel together to places with the vulnerable people, realize their right to access medicines and, if necessary, discover whether or not they are subject to social welfare, which will be able to make a positive effect in terms of medical welfare. Nonetheless, the problem is that the concept of a pharmacy is interpreted to mean a space in a building that is fixed in place, if you look at the Pharmaceutical Affairs Act and the Acts regulating land and building. First of all, in the interpretation of the law, such regulations are not considered to be a matter of unconstitutionality that leads to violations of occupational freedom or equal rights. However, even if it is not unconstitutional, it would be possible to realize better legislation and policies for institutional improvement while preserving the effect of regulation for a better future society. Looking at the case of Japan, which introduced mobile pharmacies for the medically vulnerable in disaster areas, and the case of the United States, where mobile bathrooms were introduced for social inclusion of the homeless, we can see that it is possible to realize policies in a better way with keeping regulations. In this paper, it is pointed out that although the current legislations are not unconstitutional in relation to the introduction of mobile pharmacies, there is room for improvement in order to become a better society.

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