A Comparative Study of Nursing Institutions: Legal Systems in the United Kingdom, France, and South Korea

Abstract

Nursing professionals are currently regulated by the Medical Act in South Korea. Separating nursing regulations into an independent Nursing Act has been a fiercely debated issue. Both sides of the debate cite examples of foreign countries to support their arguments. However, the legislation of an independent nursing law depends on the health legal system of each country. Each legal system operates around certain principles, yet these principles have been mostly neglected in the health policy debate. This study carries out a comparative analysis of nursing institutions, particularly the legal systems in the United Kingdom (UK), France, and South Korea. Through this method, we aim to find ways of improving the Korean nursing institution. The UK model legislates independent acts or statutory instruments for nursing professionals as well as other health professionals. The French model unifies regulations for all health professionals under a single Code. Despite such formal differences, these two models share several commonalities. First, the health legal system is systematic and consistent. Second, specific rules regulate the scope of work for each health professional. Third, relationships between health professionals are not hierarchical and are instead based on the principles of cooperation, delegation, and responsibility. These common features of the UK and French models provide policy implications for reconstructing the Korean nursing institution.