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A Study on the Claims for Damages for Developmental Delay- Busan High Court Ruling 2019Na53658 Damages -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2023, 11(4), pp.675-700
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : November 4, 2023
  • Accepted : November 25, 2023
  • Published : November 30, 2023

Youngkook Kim 1

1국회입법조사처

Accredited

ABSTRACT

Recently, a large number of development centers have been created nationwide with the creation of a broker organization that establishes an affiliated development center in the hospital, a so-called actual cost center. As a result, personnel from private developmental rehabilitation service centers, which were in charge of treating severely ill children, are flowing into actual expenses centers with high incomes. As the personnel of the private center move to the actual cost center, children using the private center have reduced opportunities for rehabilitation treatment, and children with developmental delays are not provided enough time due to excessive patient attraction even though they need intensive treatment. In the past, developmental delay treatment was possible to claim real loss insurance only by receiving psychological and art treatment at counseling centers linked to hospitals, but as the number of cases of abuse increases, insurance companies' payment screening is on the rise. Accordingly, this article reviewed the issues and problems of claims for loss insurance related to development delay by reviewing precedents for claims for damages for development delay, and sought future improvement measures. It seems reasonable to understand the behavior of developmental delay therapists in accordance with the medical practices of qualified medical personnel and medical technicians. Therefore, it is necessary to block illegal over-treatment by raising the qualification criteria for private qualified personnel to the minimum level of medical technicians. In addition, it is necessary to consider ways to limit developmental delay treatment to specialized medical personnel such as pediatrics specialists, mental health specialists, and rehabilitation specialists.

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