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영어

This paper discussed criminal responsibility and response related to false electronic medical record. The result of the study is as follows. medical records are documents that record the state of the patients and result of treatment and cannot be seen as a proof. Therefore, it does not constitute the act of false diagnosis, or forgery or modification of private document under criminal law, because forgery or modification under criminal law can be only committed by a person unauthorized to make such documents. It cannot be punished by the Medical Law Article 22 as well. In this provision, 'in detail' means filling out the medical record insufficiently. False statement is different from inadequate statement. Therefore, according to the principle of legality, it does not apply to the Medical Law Article 22. In conclusion, there is no legal basis by which false electronic medical record can be punished. For that reason, the Medical Law must be revised to create relevant penalties. To investigate false electronic medical records, digital forensic technology must be used. In this study, the following was suggested as a legal system to use digital forensic. Electronic medical record needs to be standardized and a new provision be created regarding the obligation to store and discard log records. Also, a national management system must be established for electronic medical records and digital forensic training be provided to nurture experts. By doing so, we can prevent false electronic medical records and use digital forensic in investigation.