합리적 의료감정에 관한 고찰 - 의료감정과 법원의 관계에서 공정성･전문성 시각을 중심으로 -

초록

Considering the recent trend of increasing the importance of medical evaluations in lawsuits arising from personnel accidents, their value as an evidentiary method, and their quasi-judicial function, the results of medical evaluations are often crucial and decisive in the relevant judicial proceedings. Despite this, the limitations of medical evaluations have been discussed for some time, including: i) widespread litigation delays due to prolonged evaluation response periods; ii) difficulties in drafting evaluation documents; iii) biased evaluations favoring medical professionals; iv) uncertainty in evaluation results; v) difficulties and controversy in interpreting evaluation results; and the practicality of evaluating compensation. Therefore, research on rational improvements to medical evaluations from diverse perspectives is urgently needed. Previous research on medical evaluations is significant in that it has explored various specific aspects. However, due to the nature of medical evaluations, research on establishing a rational relationship between medical evaluations and the court has been limited. Accordingly, we conducted discussions and research on various issues related to medical appraisals, focusing on fairness and expertise, from the perspective of the relationship between medical appraisals and the courts. We reviewed medical appraisals in the United States, Germany, and Japan, focusing on fairness and expertise, and then derived implications for Korean medical appraisals. Through comparative legal discussions, we sought to develop improvement proposals for a number of issues. The following are the key points discussed regarding the relationship between medical appraisals and the courts from a fairness and expertise perspective. First, given the limitations of medical appraisals surrounding medical records, a reasonable initial approach would be for courts to meticulously review various factors and make fair judgments based on their own judgment, rather than simply accepting the results of medical record appraisals. Second, Japan's conference appraisal system, which involves reviewing medical records by three appraisers, is reasonable because it ensures fairness and expertise. Third, conference appraisals have disadvantages such as high costs and potential bias, but these can be offset by medical appraisals commissioned by the Medical Arbitration Agency. Fourth, conference appraisals can also be considered for limited purposes, such as: i) when both parties agree to use conference appraisals; ii) when the value of a medical case is very high. Fifth, to overcome limitations such as the possibility of additional entries or modifications to medical records, uncertainty about the author, and the possibility of hacking, the introduction of various artificial intelligence (AI)-based OCRs, Y-KNOT, etc. is reasonable.

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