수술실 내 폐쇄회로 텔레비전 설치 및 운영에 관한 비판적 소고 - 개정 의료법 제38조의2 제1항, 제2항, 제5항을 중심으로 -

Abstract

In the debate on obliging the installation and operation of closed circuit televisions in operating rooms, there is an argument that it is necessary to make it mandatory because it can prevent ghost surgery, surrogate surgery for unqualified persons, and concealment of sexual crimes or medical accidents. The National Human Rights Commission of Korea also supports cases where patients or their guardians request and consent to the protection of the public interest, such as preventing illegal medical practices. This became possible with the newly established Article 38-2 of the Medical Act. It goes into effect on September 25, 2023. It is desirable for legal stability to unify the concept into an image information processing device as a subject of medical law application of operating room photographing devices rather than a closed television concept(CCTV). In accordance with Article 38-2 of the Medical Act, the head of a medical institution or medical staff must record the surgical scene without recording upon request by the patient or the patient's guardian. It is difficult to see that there is a superiority. The head of the medical institution or the medical staff is responsible for 'emergency surgery that endangers the patient's life or causes a serious disability', 'in case of a high-risk operation that requires active measures to save the patient's life', 'achieve the purpose of training for the major'. It is possible to exercise the right to refuse recording. In the case of a request for inspection for investigation and trial by an investigative agency or court, the filmed information must be provided by inspection(the right to read and see) or issuance of a copy. Excessive billing is a problem. Also, When reading and issuing copies, the patient or the patient's guardian must be able to read and provide copies. There is no need to rely on a legal representative in the Civil Code for the scope of the ‘patient’s guardian’ for the person who has the right to request a filming. In accordance with the society concerned, it is necessary to clearly define the scope of ‘common-law spouses and cohabitants’ in the ｢Personal Information Protection Guidelines｣.