@article{ART003383352},
author={조수현},
title={Commentary on Criminal Case Law in Obstetrics: Balancing Essential Healthcare and Physicians’ Role as Criminal Law Addressee},
journal={Korean Journal of Medical Ethics },
issn={2005-8284},
year={2026},
volume={29},
number={3},
pages={239-243}
TY - JOUR
AU - 조수현
TI - Commentary on Criminal Case Law in Obstetrics: Balancing Essential Healthcare and Physicians’ Role as Criminal Law Addressee
JO - Korean Journal of Medical Ethics
PY - 2026
VL - 29
IS - 3
PB - The Korean Society For Medical Ethics
SP - 239
EP - 243
SN - 2005-8284
AB - This commentary critically examines the article “An Analysis of Judicial Precedents on MedicalPractice in Criminal Litigation in Obstetrics and Gynecology,” which addresses how criminallitigation affects obstetric care, patient safety, and essential medical services. While the original studyappropriately highlights the legal pressures confronting obstetricians through its review of 22 criminalcases, this commentary contends that its argument for limiting criminal liability is undermined byambiguous research objectives, a lack of empirical evidence demonstrating over-criminalization,and logical leaps in case interpretation. Furthermore, its analysis of abortion-related precedents failsto account adequately for the constitutional landscape established by the 2019 Constitutional Courtdecision. Emphasizing that physicians remain subject to criminal law, the commentary argues thatmedical malpractice must be clearly distinguished from unavoidable complications or reasonablemedical judgment. Ultimately, the protection of essential medical services and patient rightsdemands structural reforms—including explicit clinical benchmarks, procedural safeguards, nofaultcompensation mechanisms, and stronger dispute-resolution frameworks—rather than blanketimmunity.
KW - obstetrics;gynecology;malpractice;medical errors;liability;legal;patient safety
DO -
UR -
ER -
조수현. (2026). Commentary on Criminal Case Law in Obstetrics: Balancing Essential Healthcare and Physicians’ Role as Criminal Law Addressee. Korean Journal of Medical Ethics , 29(3), 239-243.
조수현. 2026, "Commentary on Criminal Case Law in Obstetrics: Balancing Essential Healthcare and Physicians’ Role as Criminal Law Addressee", Korean Journal of Medical Ethics , vol.29, no.3 pp.239-243.
조수현 "Commentary on Criminal Case Law in Obstetrics: Balancing Essential Healthcare and Physicians’ Role as Criminal Law Addressee" Korean Journal of Medical Ethics 29.3 pp.239-243 (2026) : 239.
조수현. Commentary on Criminal Case Law in Obstetrics: Balancing Essential Healthcare and Physicians’ Role as Criminal Law Addressee. 2026; 29(3), 239-243.
조수현. "Commentary on Criminal Case Law in Obstetrics: Balancing Essential Healthcare and Physicians’ Role as Criminal Law Addressee" Korean Journal of Medical Ethics 29, no.3 (2026) : 239-243.
조수현. Commentary on Criminal Case Law in Obstetrics: Balancing Essential Healthcare and Physicians’ Role as Criminal Law Addressee. Korean Journal of Medical Ethics , 29(3), 239-243.
조수현. Commentary on Criminal Case Law in Obstetrics: Balancing Essential Healthcare and Physicians’ Role as Criminal Law Addressee. Korean Journal of Medical Ethics . 2026; 29(3) 239-243.
조수현. Commentary on Criminal Case Law in Obstetrics: Balancing Essential Healthcare and Physicians’ Role as Criminal Law Addressee. 2026; 29(3), 239-243.
조수현. "Commentary on Criminal Case Law in Obstetrics: Balancing Essential Healthcare and Physicians’ Role as Criminal Law Addressee" Korean Journal of Medical Ethics 29, no.3 (2026) : 239-243.
