WTO/GATS 下의 보건의료서비스의 법적 문제

Abstract

For health services, there has been slow progress in the trade among countries owing to restricting the movement of natural persons, limiting commercial presence of foreign health institute, and technical barrier against cross-border supply. However, there are also lots of trials for enhancing the health services through extended opening health service markets with positively changing approaches toward the health services among nations. To achieve the goal for the better health services internationally, it is necessary to promote market access and regulation measure in terms of market principles. Therefore, in this paper, international law issues and domestic law issues on the view of opening health service market is discussed in the WTO/GATS' ideas.

First, this paper reviews most-favored-nation treatment, transparency, domestic regulation and recognition as well as market access and national treatment as a concrete promised article as basic WTO/GATS general article for international trade.

To show this point, it suggests the current domestic arguments on GATS regulations and analyzes the relations between WTO/GATS and health services as well as freedom of health service among nations.

Second, on the basis of the general review, this paper also discusses the issue on laws of the telemedicine services with cross-border supply crossing over nations. it also covers and analyzes the issues on qualified telemedicine service professionals, the responsibility of malpractice, personal privacy and personal information protection in the electronic communication system, the legally effective prescription and international law and jurisdiction with malpractice.

Third, this paper deals with consumption abroad in terms of health service cost. This issue is related to domestic health service for foreigners and health insurance and the authoritative institute of the responsibility. These regulations enforce to control service trade business directly and indirectly.

Forth, the commercial presence has been discussed for health service: for establishing foreign enterprise branch and joint investments, foreign investment laws, and foreign currency laws for covering management and business for health service. According to these regulations, this paper views permissions, licence, register, opening business for health service practice, especially foreigners' domestic practice with high legal barriers against opening health service center.

Fifth, the issue on movement of natural persons has been discussed : professional legal qualifications for the health service, though highly professional licences, such as lawyers, cpa, engineers and medical doctors, are not easily effective to other countries. This paper discusses the process of foreigner's acquiring health service licence, mutual recognition for health service qualification and health service legal barrier at foreign countries.

Finally, this paper discussed alternative ideas, mutual recognition agreements through bilateral and multilateral negotiations, such as for movement of natural persons and professional legal qualification. These recognitions will not be accepted without agreement and equality of education periods to achieve there licences. However, the movement of natural persons also should be issued with the financial laws through international institutes.

There have been lots of issues on the international telemedicine services, such as qualified telemedicine service professionals, the responsibility of malpractice, leaving to WHO/GATS treatments as well as supplementing domestic telemedicine service regulation laws.

For the problem to health service users, it is dependent upon being covered by public health insurance. In the days of international health services among nations, the coverage of public health insurance should be revised for the proper utility for the users.

To be easy to access the long distant and foreign health services, opening procedure, establishing health service center, and investment policy as well as financial laws must be clear and neat to the related people.