간호법안에 대한 검토 - 국민 간호증진 및 간호사 지위 향상을 위한 법률안을 중심으로 -


Review on Nursing Bill - With focus on bill for promotion of nationals nursing and improve ment of nurses position -


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No one can deny that in contemporary society, not only doctors but nurses play indispensable role for the health of nationals. In this acc ord, there came a necessity that law to protect the health right of na tionals and improve the position of nurses should be established as i ndependent law in tune with social reality and the trend of nursing s cience academic circle. However, though there is increasing demand of diverse and specialized nursing services like home nursing and aged nursing etc, present 「Medical Services Act」 prescribes the work of nur se as assisting doctor's assistant in medical action, so the reality is t hat the Act does not comprehend the work of nurse that is ever dive rsifying and specialized in tune with social changes. Therefore, there are impending demand to raise the quality of nur sing service by clarifying the work scope of nurse and effectively re gulating on nurses while securing the health right of the nationals by establishing independent law to promote the health of nationals and i mprove the position of nurse. In South Korea, the majority of profess ional occupations are regulated by individual laws, and also in major advanced countries of the world, nurse related laws are separately est ablished and operated, so when it is considered that nurses play imp ortant role for the health of nationals, it is deemed that nurse related laws also need be established as independent law in view of social r eality and nursing science academic circle. The past and present roles of nurses are undergoing unprecedente d changes, and only law that reflects such changes can exercise soci al capability of norm. Therefore, partial modification of medical act al one by situation involves limitation to regulate the nursing work of n urses, and the medical act in that sense is insufficient to serve as n ormative instruction for nursing work and is not suitable as standard t o judge the point of responsibility in nursing act. Hence, in this study, the foundation of 「Bill for promotion of nati onal health and improvement of nurse position」 was prepared through survey on the relation with medical law based on nursing act (bills) ini tiated so far, and after, and after the work scope of nurse was speci fically classified by distinguishing from doctor, problems of comprehe nsive rules of present medical act were reviewed. Also, for protectio n of the health right of nationals, the problems of nurse work conditi on and treatment improvement were examined.


Ⅰ. 서론
 Ⅱ. 간호법의 필요성과 주요내용
 Ⅲ. 국민 간호증진 및 간호사 지위 향상을 위한 법률안에 대한 검토
 Ⅳ. 결론


  • 문상혁 Moon, Sang-Hyuk. 이화여자대학교 법학전문대학원 법학연구소 박사후연구원, 법학박사.


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