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Legal Study on Health and Medical Exception Provisions of the Special Law on Jeju Special Self-Governing Province

  • Public Land Law Review
  • Abbr : KPLLR
  • 2007, 36(), pp.327-348
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Hwan Myoung Pyo 1

1제주대학교

Accredited

ABSTRACT

The aim of the current study is to analyze the Health and Medical Exception Provision of the Special Law on Jeju Special Self-Governing Province and to seek directions for future legislative improvement. The study begins by discussing existing medical laws and ordinances and their related Health and Medical Exception provisions of the Special Law on Jeju Special Self-Governing Province. The Special Law on Jeju Special Self-Governing Province provides pharmacy establishment for foreign exclusive use, establishment of medical centers, and telemedicine as ordinances, as well as exception provisions relating to the medical laws and the pharmaceutical affairs law. The study emphasizes that benefits generated from crystallizing ordinances above should be considered. Also, the study indicates several devices for future legislative improvement. The establishment of medical centers should include small-sized clinics as well as oriental hospitals. While these centers are allowed to be profit-making corporations, medical subsidiary enterprises based on nonprofit corporations should also be extended. There should be exception provisions regarding the import of medical supplies used in pharmacy for foreign exclusive use and regarding medical laws and the pharmaceutical affairs law. In conclusion, the study indicates that Jeju should exclude medical laws and the pharmaceutical affairs law of Health and Medical Exception Provision in order to crystallize the purpose of the Special Law on Jeju Special Self-Governing Province, “Positive system and Negative system,” and decide specific contents for Exception Provision.

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