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의료법에서의 의료기관 이중개설 금지조항의 필요성에 대한 치과 사례연구

The necessity of ban on opening and operating the multiple medical institutions in medical law in Dental case

대한치과의사협회지 2019년 57권 9호 p.514 ~ 522
주진한 ( Ju Jin-Han ) - 대한치과의사협회 의료정책연구원

이가영 ( Lee Ga-Yeong ) - 대한치과의사협회 의료정책연구원
정구찬 ( Jung Ku-Chan ) - 대한치과의사협회 의료정책연구원
이재용 ( Lee Jae-Yong ) - 대한치과의사협회 의료정책연구원
민경호 ( Min Gyeong-Ho ) - 대한치과의사협회 의료정책연구원

Abstract


In accordance with Article 33(8) of the Korean Medical Law, it is stated that a medical person cannot open or operate a medical institution by borrowing the name of another medical person. However, the publicity of medical care is threatened by the recent illegal network dental clinics. The purpose of this study is to investigate the actual condition of illegal network dentistry and to analyze the cases and to find out the reason why the prohibition of double opening & operating of medical institution.
As a result, the illegal network dental clinics treated less health care insurance treatment such as dental caries and periodontal treatment than general dental hospitals. In contrast, the rate of implementation of illegal network dentistry was high in endodontics treatment and extraction, which could lead to uninsured treatments such as crowns and implants. As a result of Supreme Court precedent analysis, it is concluded that illegal act is not only the opening of a medical institution by borrowing the name of other medical personnel, but also the duplicated operation which has the authority to make decision about management matters of medical institutions. The results of the patient's case survey also showed that excessive dental treatment due to such as dental staff incentive system.
In conclusion, the illegal network dental clinics not only threatens the oral health of the public, but also causes leakage of health insurance premiums. In other words, the ban on opening and operating the multiple medical institution should be strictly applied as a strong protection device for protecting the patient in dental case.

키워드

의료기관 복수개설 금지; 의료기관 이중개설금지; 1인1개소법; 네트워크병원
Network hospital; The restriction of opening a medical institution; The ban on double opening of medical institution
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