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A Legal and Institutional Study on the Treatment Improvement in Cancer Patients

  • Public Land Law Review
  • Abbr : KPLLR
  • 2021, 95(), pp.179-197
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : July 31, 2021
  • Accepted : August 23, 2021
  • Published : August 25, 2021

seon eun ae 1

1송원대학교

Accredited

ABSTRACT

According to the National Cancer Registration Statistics for 2017 of having been announced on December 24, 2020, the patients with the presence of cancer stood at 1,870,000 people(3.6% of the whole nation). In terms of the cancer incidence rate, the age-standardized incidence rate per 100,000 people came to 282.8 people, thereby having been down by 6.6 people(2.3%) year on year. This cancer incidence rate grew by 3.7% until 2011 following 1999 and then is reducing by about 2.6% every year after 2011. If our people would survive to life expectancy(83 years old), the probability of getting cancer amounted to 37.4%. Cancer is being estimated to occur in 2 people(39.8%) out of 5 people as for a male(80 years old) and in 1 person(34.2%) among 3 people as to a female(86 years old). Seeing this trend, cancer need to be recognized as a social issue, not an individual matter, and will be able to be considered to require the quick response from the state and local governments. With regard to this, the country stipulated 「Cancer Control Act」 and then is comprehensively establishing and implementing a policy pertinent to the prevention, treatment and research of cancer. In 「Hospice, Palliative Care, and Life-Sustaining Treatment Decision-Making Act」, it is targeting cancer patients among the patient subjects in the hospice palliative care and end-of-life process, thereby prescribing a right in the cancer patients’ life-sustaining treatment decision. But there is a limitation in legislative introduction or effective policy for substantially upgrading cancer patients’ treatment. A rise in cancer patients is definitely expected henceforth. Thus, the management of national and local governments to improve treatment can be mentioned to be more needed. Accordingly, there is a need to enact the responsibilities of the state and local governments based on the legal basis for enhancing the treatment of cancer patients while regarding cancer patients as the socially disadvantaged who will need to be further protected in our society. Hence, concerning the treatment of cancer patients, there is a need to make it a grounded law in the treatment improvement by specifying the rights of cancer patients through the maintenance of the law in 「Cancer Control Act」. In the current 「Notice of the medical expenses support standard, etc. for cancer patients」, there is a need to clearly state the regulations on a financial support for cancer patients in a law and to define cancer patients as the socially disadvantaged, thereby being necessarily made even the livelihood support for it together. Additionally for the cancer patient counseling and management, the state and local governments should provide a variety of the welfare treatments through the expansion of the professional workforce. A positive support for psychotherapy of cancer patients leads to increasing the treatment improvement in cancer patients. Managing cancer patients who grow down the road leads to a rise in survival rate, thereby likely coming to bring about improving the quality of life in cancer patients.

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