본문 바로가기
  • Home
Basic Search

A Study on the Sanctions of Medical Persons and Pre-medical Persons Who Have Committed Sexual Offenses

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2023, 11(3), pp.369-396
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : August 10, 2023
  • Accepted : August 25, 2023
  • Published : August 31, 2023

Park Hyun Jeong 1

1조선대학교

Accredited

ABSTRACT

The medical specialty field is a special area as a medical practice to treat and cure a patient's disease and remove harm to life. Patients in need of treatment trust and depend on medical staff in vulnerable situations. Since medical practice corresponds to a professional area in which physical contact for diagnosis, treatment, and cure is inevitable, patients endure discomfort for treatment. However, there are quite a few cases of sex crimes in which medical personnel disguised as medical acts by taking advantage of this situation. Due to the specificity of the work, the risk factor of not being able to recognize sex crimes, the risk factor of abusing the reliability of a related person for the purpose of doctor-patient treatment, and the risk factor that it is difficult to collect or prove evidence because medical practice is an area of expertise are existsing. In particular, due to insufficient sanctions regulations, the risk of recidivism is high and the rate of decrease in sex crimes by medical personnel is low because medical licenses are generally maintained. Due to the recent revision of the Medical Act, the subject of reasons for disqualification of medical personnel has been expanded and is about to be implemented. The amended Medical Act, which will take effect in November, specifies 'a sentence beyond imprisonment,' and it is now possible to suspend or revoke a medical practitioner’s license for illegal acts beyond imprisonment and certain violent crimes. The medical community argues that it violates the individual's right to life and freedom of occupation under the Constitution and violates the principle of excessive prohibition, and continues to struggle and protest. Whereas, a concern in the enforcement of the amended medical law is that it is unlikely that a prison sentence or higher sentence will be imposed when extenuating circumstances are applied in consideration of the specificity of the work. Therefore, it is time to coordinate the legal judgment for the protection of victims with the claims of the medical community regarding sex crimes caused by medical personnel. It is necessary to present standards for each type of sex crime regarding the appropriate treatment of medical personnel and pre-medical personnel who have committed sex crimes. Considering the professional characteristics of medical personnel, legal sanction regulations and institutional arrangements of medical institutions must be prepared.

Statistics

  • 238 Viewed
  • 352 Downloaded

Tools

Issue List

Citation status

* References for papers published after 2023 are currently being built.

This paper was written with support from the National Research Foundation of Korea.
Basic Search Advanced Search