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영어

Recently, that a Korean star performer was killed in medical accident became a controversial issue. Besides, the accident opened up the possib ility that a patient will put in a claim for damages by medical accident. G enerally, for the public, it was almost impossible to demand reparation fo r damages by medical accident despite there is related legal provisions. The burden of proof lies with the patient, and it is a laborious task for t he patient because of the problem with asymmetries of information betwe en patient and medical institutions. In medical disputes, thus, the possibility of a claim for damages depen ds on who has the burden of proof. In the past, medical accident was tre ated in accordance with the principle of liability without fault which is on e of the traditional 귀책 responsible ways. Consequently, it was hard to d etermine the specific fact relevance about medical accident. However, th e principle of liability with fault has been changed to either the principle of presumption of negligence or the principle of liability without fault in modern times. With the change, the burden of proof lied on patient in me dical accident was lightened. Thus, the paper will investigate the way of imputation responsibility regulated under the responsibility of medical damage of chapter 7 in Chin ese Tort Law, which was legislated in 2009, first. Next, it will review th e type of medical accident, and what China adopts as the way of the burden of proof through the application of specific cases. It is worth to review in that it will provide basic data about the dispute resolution for the li ability of medical demage under Korea-China FTA regime to Korean rese archers. Furthermore, this study will generally examine the burden of pro of when medical accident occurs according as the type of the liability of medical damage.