진단용 방사선 안전관련 법령의 법체계상 문제점 (Problems of the Legal System Related to the Regulation of Radiation Safety for Diagnosis)

서지정보

· 발행기관 : 대한의료법학회
· 수록지 정보 : 의료법학 / 14권 / 2호 / 119 ~ 142페이지
· 저자명 : 임창선, 문흥안

초록

It is not easy to regulate the amount of radiation used for the medical purpose as there usually is more good than harm to the patient’s health and life caused by the medical exposure to the radiation. However, the rapid increase of the use of diagnostic radiation involves a high possibility of increasing the radiation hazard exposure. Therefore, it is imperative to implement effective regulations in order to secure the safety of diagnostic radiation.
The one and only rule we currently have for the diagnostic radiation is “Medicine Act” with only one clause dedicated to regulate the safety management that does not include any rules for the medical radiation. A set of inclusive rules for the whole medical radiation inclusive of diagnostic radiation and therapeutic radiation need to be based on the “Medicine Act” rather than “Nuclear Safety Act” in order to protect the medical professionals, patients and the guardians of patients from the hazards of diagnostic and/or therapeutic radiation that was not used the purpose of medical treatment.
If there is an administrative measure to be imposed to secure the safety of diagnostic radiation, it is considered as exertion of governmental authority of administrative agency. There must be clear and realistic legal guidelines for infringe on people’s interests. The administrative measures for the safety management of the diagnostic radiation must be clearly and specifically based on the law and the detailed standards for the administrative measures must be delegated by the presidential decree or departmental ordinance. Accordingly, the restrictions imposed by the administrative measures to the “Safety Inspection Institute of Radiation along with Radiation Exposure Measuring Institutes” should have clear legal basis as well and the detailed standards for the administrative measures should be regulated by the Ministry of Health and Welfare decree instead of the notification by the Director of Korean Centers for Disease Control and Prevention.
While securing the safety of radiation on one side, careful review and upgrade on our legal system for the safety management of the diagnostic radiation is required on the other side to guarantee the legality, interest balance and reliability of the administrative measures.

영어초록

It is not easy to regulate the amount of radiation used for the medical purpose as there usually is more good than harm to the patient’s health and life caused by the medical exposure to the radiation. However, the rapid increase of the use of diagnostic radiation involves a high possibility of increasing the radiation hazard exposure. Therefore, it is imperative to implement effective regulations in order to secure the safety of diagnostic radiation.
The one and only rule we currently have for the diagnostic radiation is “Medicine Act” with only one clause dedicated to regulate the safety management that does not include any rules for the medical radiation. A set of inclusive rules for the whole medical radiation inclusive of diagnostic radiation and therapeutic radiation need to be based on the “Medicine Act” rather than “Nuclear Safety Act” in order to protect the medical professionals, patients and the guardians of patients from the hazards of diagnostic and/or therapeutic radiation that was not used the purpose of medical treatment.
If there is an administrative measure to be imposed to secure the safety of diagnostic radiation, it is considered as exertion of governmental authority of administrative agency. There must be clear and realistic legal guidelines for infringe on people’s interests. The administrative measures for the safety management of the diagnostic radiation must be clearly and specifically based on the law and the detailed standards for the administrative measures must be delegated by the presidential decree or departmental ordinance. Accordingly, the restrictions imposed by the administrative measures to the “Safety Inspection Institute of Radiation along with Radiation Exposure Measuring Institutes” should have clear legal basis as well and the detailed standards for the administrative measures should be regulated by the Ministry of Health and Welfare decree instead of the notification by the Director of Korean Centers for Disease Control and Prevention.
While securing the safety of radiation on one side, careful review and upgrade on our legal system for the safety management of the diagnostic radiation is required on the other side to guarantee the legality, interest balance and reliability of the administrative measures.

참고자료

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