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

J Korean Dent Assoc > Volume 57(9); 2019 > Article
The Journal of The Korean Dental Association 2019;57(9):514-522.
Published online September 30, 2019.
의료법에서의 의료기관 이중개설 금지조항의 필요성에 대한 치과 사례연구
주진한1, 이가영2, 정구찬3, 이재용4, 민경호5
1대한치과의사협회 의료정책연구원
2대한치과의사협회 의료정책연구원
3대한치과의사협회 의료정책연구원
4대한치과의사협회 의료정책연구원
5대한치과의사협회 의료정책연구원
The necessity of ban on opening and operating the multiple medical institutions in medical law in Dental case
Jin-han Ju1, Ga-yeong Lee2, Ku-chan Jung3, Jae-yong Lee4, Gyeong-ho Min5
1Korea Dental Association Health Policy Institute
2Korea Dental Association Health Policy Institute
3Korea Dental Association Health Policy Institute
4Korea Dental Association Health Policy Institute
5Korea Dental Association Health Policy Institute
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.
Key Words: Network hospital;The restriction of opening a medical institution;The ban on double opening of medical institution;
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