보건의료정책 결정의 공법상 원칙 = Principles of Public Law for Determining Health Care Policy

다국어 초록 (Multilingual Abstract)

This study began with the intention of re-recognizing the perspective of efficiency, which is inherent in evidence-based decisions and policy-making processes already being used in various fields of health care policy, as a general principle of health care policy decision-making, promoting the rationality and validity of resource allocation by legislating it, and seeking solutions to major health care policies that have been stalled. In the reality where administrative law is emphasized as pilot science today, it is significant in itself to demand that principles and procedures under public law in policy making and comply with them.
It can be a meaningful means of control over public policy if the law requires that the government create the basis according to certain standards and procedures, make the best decision based on them, and go through a public debate process on the issue of value. Furthermore, it contributes to improving medical quality and access to medical care as well as financial stability and institutional sustainability.
This article first reviewed the meaning of the efficiency principle in health care policy decisions in consideration of the characteristics of the health care field, and analyzed concrete examples of the efficiency principle in the health care field. In addition, the evidence-based decision, which has recently been emphasized in the health care field, was reviewed from a public law perspective along with discussions on the creation of evidence and regulatory science, and the correlation with the principle of efficiency was considered. On the other hand, since there is a limit to policy decisions only with the principle of efficiency and evidence-based decisions, they argued that public debate and participation procedures are needed to identify the values, priority values, or interests implied in certain goals pursued by the policy and to form a social consensus.
The Framework Act on Health Care should specify the principles of efficiency and evidence-based decision-making in health care policy decisions and legislate public debate procedures so that policy decisions that match the public interest and constitutional values can be made.