@article{ART003274426},
author={Su Hyun Oh and Kim, Jinsuk},
title={Issues and Critical Review of the Enactment of Subordinate Legislation of the Nursing Act},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2025},
volume={13},
number={4},
pages={425-449}
TY - JOUR
AU - Su Hyun Oh
AU - Kim, Jinsuk
TI - Issues and Critical Review of the Enactment of Subordinate Legislation of the Nursing Act
JO - Legal Theory & Practice Review
PY - 2025
VL - 13
IS - 4
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 425
EP - 449
SN - 2288-1840
AB - The Nursing Act is a statute enacted to enable the public to receive high-quality nursing services in medical institutions and communities by enhancing the professionalism of nursing personnel and improving their working conditions. This paper outlines the main provisions of the Nursing Act and the process leading up to its enactment, and critically analyzes issues raised from the medical profession’s perspective during the drafting of its subordinate legislation, namely the Enforcement Decree and Enforcement Rule.
In particular, it focuses on the problems surrounding the delineation of clinical support duties and potential conflicts with physicians’ work that may arise from separating the scope of nursing practice from the Medical Service Act. The medical community has expressed concern that the Nursing Act expands nurses’ independent authority in a way that could disrupt the existing health care system and pose risks to patient safety. In contrast, the nursing profession emphasizes that the Act aims to clarify currently ambiguous practices of clinical assistance within the legal framework and thereby protect nurses’ roles in law.
By comparing Korea’s Nursing Act with legal and institutional frameworks governing nursing personnel in major countries such as the United States, Japan, and the United Kingdom, this paper examines the characteristics and limitations of the Korean system. On this basis, it proposes legal and institutional reform directions—such as clarifying the scope of nursing practice, setting policy directions for the clinical support personnel system, and establishing collaborative frameworks among professional groups—to contribute to future legislative and policy improvements.
KW - Nursing Act;Subordinate Statutes;Clinical Support Duties;Healthcare Workforce;Scope of Practice;Patient Safety
DO -
UR -
ER -
Su Hyun Oh and Kim, Jinsuk. (2025). Issues and Critical Review of the Enactment of Subordinate Legislation of the Nursing Act. Legal Theory & Practice Review, 13(4), 425-449.
Su Hyun Oh and Kim, Jinsuk. 2025, "Issues and Critical Review of the Enactment of Subordinate Legislation of the Nursing Act", Legal Theory & Practice Review, vol.13, no.4 pp.425-449.
Su Hyun Oh, Kim, Jinsuk "Issues and Critical Review of the Enactment of Subordinate Legislation of the Nursing Act" Legal Theory & Practice Review 13.4 pp.425-449 (2025) : 425.
Su Hyun Oh, Kim, Jinsuk. Issues and Critical Review of the Enactment of Subordinate Legislation of the Nursing Act. 2025; 13(4), 425-449.
Su Hyun Oh and Kim, Jinsuk. "Issues and Critical Review of the Enactment of Subordinate Legislation of the Nursing Act" Legal Theory & Practice Review 13, no.4 (2025) : 425-449.
Su Hyun Oh; Kim, Jinsuk. Issues and Critical Review of the Enactment of Subordinate Legislation of the Nursing Act. Legal Theory & Practice Review, 13(4), 425-449.
Su Hyun Oh; Kim, Jinsuk. Issues and Critical Review of the Enactment of Subordinate Legislation of the Nursing Act. Legal Theory & Practice Review. 2025; 13(4) 425-449.
Su Hyun Oh, Kim, Jinsuk. Issues and Critical Review of the Enactment of Subordinate Legislation of the Nursing Act. 2025; 13(4), 425-449.
Su Hyun Oh and Kim, Jinsuk. "Issues and Critical Review of the Enactment of Subordinate Legislation of the Nursing Act" Legal Theory & Practice Review 13, no.4 (2025) : 425-449.
