• The Korean Society of Law and Medicine
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• v.16 no.1
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• pp.3-82
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• 2015

This paper is concerned in the theme of the liability for the breach of duty to inform(Haftungszurechnung der $Aufkl{\ddot{a}}rungspflichtverletzung$) and the malpractice of cosmetic surgery. Here, the terms, treatments for healing purposes and purely medical-technical cosmetic operations are well integrated in the category of "medical conduct(medizinische Handlung)" within the meaning of the public and administrative 'Medical Law'. In the judgment of 6. 13. 2013 Az. 2012DA94865 provides the KHGH(Korean Highest Court of Justice) to inform the patient about the prospects and risks of cosmetic surgery(Infrabrow Excision Blepharoplasty) stringent requirements, similar to the judicature of BGH(cf. BGH, Urt. v. 6. 11. 1990, Az.: VI ZR 8/90). Even in the judgment of 5. 12. 2014 Az. 2013GASO865646 the SZLG(Seoul Central Regional Court) recognizes the physician contract for 'cosmetic septoplasty' as a sort of contract for work. The medical treatment(${\ddot{a}}rztliche$ Heilbehandlung) is still regarded as a prototype of the medical activity, therefore in the meaning of the 'Civil Law(KBGB)', its term needs to be used immediately for healing purposes. The cosmetic operation, desired by a patient, differs from the healing treatment by the element of "indication" and the fact that the "healing purpose(Heilzweck)" itself is missing. In comparative context - methodically fully aware that the unreflective term transfer between different laws might contradict their legal purposes - a series of judgments BSG(BSGE 63, 83, BSGE 72, 96, BSGE, 82, 158, BSGE 93, 252 etc.) and some judgments of LSG are reviewed. In addition, also the dogmatic topic for the "legal natur of a medical treatment contract" is to reconsider by comparative introducing BGHZ 63, 306. Now in view of the current state of greater popularity of artificial cosmetic surgery still indeed is the sentences: The doctor is minister naturae, a helper of nature. A doctor promises regularly only the proper treatment of the patient, but the contractual liability for work should not be excluded in medical conditions for cosmetic surgeries altogether. "With cosmetic operations, seeking to eliminate the external deformities, the doctor may miss the medical profession entirely." - A. Laufs, Medical Law, 5th ed. P. 18.

• Journal of Society of Preventive Korean Medicine
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• v.14 no.1
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• pp.77-96
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• 2010

Objectives : This paper recommends a global budget based payment system for reimbursing oriental medical services in the national health insurance. Methods : We analyzed previous research outcomes related to oriental medical services and payment system We reviewed the experiences of other countries' global budget system in terms of their strength and weakness. In addition, we developed a reimbursement method for oriental medical services based on global budget. Results : Our reviews focused on global budget system of Germany, the Netherlands, the United Kingdom, Canada, France, and Taiwan. The estimation of global budget in the national health insurance was described in two scenarios. First scenario was to allocate oriental medical services in scale after signing a contract for global budget. In this case, 4.16% of the national health insurance expenditure was allocated for the oriental medical services. Second scenario was to estimate the global budget in a historical context. As a result, the first scenario in total budget was higher than the second, and we proposed a retrospective adjustment method for the gap between the budget and the actual expenditure Conclusions : The payment system for oriental medical services is recommended to shift from fee-for-service to global budget.

• Journal of Digital Convergence
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• v.17 no.12
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• pp.427-434
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• 2019

The Medical Residents Act was enacted in December 2016 to protect the rights of residents, and to ensuring the safety of patients, and nurturing good medical human resources. This study analyzed the changes of training conditions according to the enforcement of The Medical Residents Act by comparing the results of two surveys conducted in 2015(1,793 Residents) and 2017(1,768 Residents). As a result, Residents worked over 80 hours per week on average('15=92.4h, '17=87.3h) and they worked twice as many times as 36 hours('15=89.4h, '17=70.1h). Female residents' leave before and after childbirth('15=78.5day, '17=82.2day), Preparation of Standard training contract('15=19.3%, '17=40.8%), Delivery of training contract('15=12.4%, '17=36.1%) did not comply with the regulations. The training conditions of the residents is directly related to the safety of patients and the public's health. National support is needed for the support of substitute workforces, fair training evaluation conditions and incentives based on the evaluation results, labor costs for residents and supervising medical specialists, and the cost of making training programs.

• Journal of Venture Innovation
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• v.4 no.2
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• pp.97-108
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• 2021

Labor contracts appear in form as an exchange relationship between labor products and wages, but since they transcend the level of simple barter, they can be economically identified as "trading" and can be identified as "rental." From a legal point of view, a legal device that legally supports and imposes binding force on commodity exchange relations is a contract. Such a labor contract led to a relationship in which wages were received and a certain amount of time was placed under the direction and supervision of the employer as a counter benefit to the receipt of wages. Since working hours are subordinate hours with one's labor under the disposition authority of the employer, long hours of work can be done for the health and safety of workers and furthermore, it can be an act that violates the value to enjoy as a human being. The reduction of working hours needs to be shortened in terms of productivity and enjoyment of workers' culture so that they can expand and reproduce, but users' corporate management labor and production activities should also be compatible compared to those pursued by capitalist countries. Working hours can be seen as individual time and time in society as a whole, and long hours of work at the individual level are reduced, which is undesirable at the individual level, but an increase in products due to an increase in production time at the social level can help social development. It is necessary to consider working hours in terms of finding the balance between these individual and social levels. If the regulation method of working hours was to regulate the total amount of working hours, flexibility and elasticity of working hours are a qualitative regulation method that allows companies to flexibly allocate and organize working hours within a certain range of up to 52 hours per week. Accordingly, it is necessary to shorten working hours, but expand and implement the flexible working hours system according to the situation of the company. To this end, it is necessary to flexibly operate the flexible working hours system, which is currently limited to six months, handle the selective working hours by agreement between employers and workers, and expand the target work of discretionary working hours according to the development of information and communication technology and new types based on the 4th industrial revolution.

• The Inventors News
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• no.55
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• pp.1-16
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• 2007

선진국가 선도하는 창의적 여성경제리더 양성하자/발명지도사.시제품제작지원 시행/발행인 칼럼/특허심사처리 세계에서 가장 빠르다/글로벌 기업, 한국 특허청에 심사의뢰 쇄도/국유특허권 온라인 전자계약 시행/특허기술, "기술경매" 로 산다/여성발명인 거유 활동 영역 넓어/감귤와인 특허획득 이어 독일 등 해외 수출 기대/미더덕 냉동 않고도 장기 보관/특허민원서식 대폭 감축/특허청, 개도국 지원사업 대폭 확대/기상청, 날씨예보기술로 특허 받아/우리나라 국제특허출원 수준 세계 6위/건강관련 브랜드 상표출원 증가/친환경수로관 '도룡용 살린다'/고등학교에 첫 발명창작과 개설/욕조, 웰빙 휴식공간으로 자리매김/가습기, 공기정화.탈취.방향 등 다기능화/패치제 특허출원 해마다 증가/일 특허청, 분할출원기간 30일 연장/중 법원, 비아그라 특허군 인정/국내 제약사 유유 "미머크사 특허 침해" 주장/삼성전자, 지난해 미 특허 2천4백53건으로 2위/기업심볼마크는 단순, 상표는 길어져/LG전자 "대우일렉이 드럼세탁기 특허권 침해했다"/유.무선 통합 '원폰 서비스' 기술 개발/암환자 울린 과대광고제품 1백억원대 판매 적발/맥도날드 '해피밀' 광고 퇴출/세원셀론텍, 콜라겐 원천기술 특허/역사 속의 발명품/하루 10분 발명교실/특허Q&A/'S&D Trecap' 황지경 대표/경기도, 여성분야 소상공인창업자금 신설/특허청, 세계지식재산기구(WIPO) 진출확대/아이디어 착상 및 발명 기법/여성발명 활성화만이 국가경쟁력 키우는 첩경/히로자키의 광엽수 진액/해외 네티즌 인기 화제의 발명품들/여성기업 생산제품 MAS시 적격성 평가 면제/특허청, 시작품제작지원 5천만원까지 확대/지난해 짝파라치에게 3억2천3백만원 포상금 지급/입체방송 분야 특허출원 봇물/트랜스지방 퇴출 시민단체 '토트랜스 클럽' 출현/한국여성발명협회 회원사 발명품 가이드/

• Health Policy and Management
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• v.19 no.1
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• pp.1-30
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• 2009

Korean medical fee contract system between the insurer and healthproviders was introduced in 2000. However, a continuous discord among contracting parties concerned and an irrational operation of an arbitration committee of Ministry for Health, Welfare and Family Affairs (MIHWAF) have made it difficult for them to reach to an agreement over last 8 years. The purpose of this study is to observe the current problems of contract system from the view of health insurance law and actual examples. Furthermore, I examined the of breakdown of negotiation by analyzing the eligibility of contracting parties, rationality of Resource Based Relative Value System (RBRVS) and contracting method and fairness of arbitration method in case of negotiation rupture. The results were as follows: First, since the introduction of medical fee contract system, there has been a problem in that both the president of National Health Insurance Corporation (NHIC) and health care provider association have not held strong negotiation power. Second, the frequent changes and notifications of Relative Value Units (RVUs) without any mutual consent between the insurer and provider association negatively have influenced the conversion factors and finally hindered the agreement of contract. Third, a current process that the conversion factors are mediated and determined at the arbitration committee of MIHWAF in the case of contract breakdown between contracting parties has some flaw in that the irrational composition of committee provoked the lack of fairness and objectivity of mediation. Fourth, we can not prospect a satisfactory outcome of arbitration committee because the mediation always has failed to proceed smoothly due to boycott of both committee members from insurer and providers over last 8 years. As a result, we have to make an every effort to resolve problems mentioned above and then dream of an advanced national health insurance system.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.11 no.7
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• pp.2406-2419
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• 2010

This study aims to elevate the usefulness of the current annual Accreditation of Hospitals. To achieve this purpose, A modeling of an efficiency analysis based on DEA and AHP to the Accreditation of Hospitals Data from 2004 to 2008. By applying to AHP and DEA_AR to the scores derived from the various domains in data, An adequate prediction model about conversion factor in fee contract is made. By summarizing information derived from DEA, factor analysis and Generalized Linear Model, The linear functions combining conversion factor and efficiency index is successfully established. The factor analysis with AHP was used to merge diverse scores from the domains of evaluation. Not only the input and output initially introduced, AHP scores, dummy variables of hospital classification, geographical location are effective variables to forecast a conversion factor. If a predicted conversion factors from efficiency is used, It will be a great contributions to the annul doctor's fee contract.

• The Journal of the Korea Contents Association
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• v.22 no.10
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• pp.460-474
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• 2022

The purpose of this study was to explore the perception of the extension of the retirement age perceived by corporation top leaders who are the main agents of employment. As a result of analyzing the interview data by qualitative content analysis, companies centered on manufacturing and construction preferred the elderly to foreign workers and leaders of social service organizations suggested that healthy and capable elderly people should be able to continue to work. However several opinions were also presented against the extension of the retirement age uniformly without considering the circumstances of the company. The passion for work of older workers with higher salary decreased, which concerns that the absence of a retirement system would reduce the vitality of the organization and increase the burden of labor costs. As an alternative to this, there is the opinion that employment can be extended even after the retirement age with the contract and in the form of a commissioned job according to an agreement with the company. Furthermore, it was also suggested that it would be easier not only to maintain employment but also to create jobs for the elderly given the employment flexibility.

• Korean Journal of Childcare and Education
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• v.7 no.4
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• pp.301-324
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• 2011

The purpose of this study was to examine the perception of the childcare teachers regarding accreditation procedures and feasibility of the second accreditation index according their past participation in the accreditation process. The objects were 193 childcare teachers working at child care centers that were accredited using the initial accreditation index. The collected data was analyzed using frequency, percentile, $X^2$, and t-test. The major findings are as follows: First, childcare teachers without accreditation experience perceived 'continuing education of child care center directors and teachers' to be the most important for quality maintenance after successful accreditation. In contrast, childcare teachers with accreditation experience placed the most importance on 'childcare teachers' motivation and continuing enrollment'. Second, childcare teachers with accreditation experience perceived higher feasibility in the subcategories of 'art activity materials' in the category of child care environment, 'providing operation policies and information of child care teachers', 'care for children', and 'employment contract' in the operation & management category, 'sanitary management of food, cooking and feeding', 'care of sick or injured child', 'health management of children and childcare teachers', 'snacks for children' in the category of health and nutrition and 'safe procedures for handing over children' in the category of safety. In general, childcare teachers with accreditation experience perceived higher feasibility of the second accreditation index in all categories.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.175-209
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• 2019

The bundled discounting which the dominant undertakings engage in is problematic in terms of competition restraint. Bundled discounts generally benefit not only buyers but also sellers. Specifically, bundled discounts usually costs a firm less to sell multiple products. In addition, Bundled discounts always provide some immediate consumer benefit in the form of lower prices. Therefore, competition authorities and courts should not be too quick to condemn bundled discounts and apply the neutral and objective standard in bundled discounting cases. Cascade Health v. Peacehealth decision starts ruling from this prerequisite. This decision pointed out that the dominant undertaking can exclude rivals through bundled discounting without pricing its products below its cost when rivals do not sell as great a number of product lines. So bundled discounting may have the anticompetitive impact by excluding less diversified but more efficient producers. This decision did not adopt Lepage case's standard which does not require the court to consider whether the competitor was at least as efficient of a producer as the bundled discounter. Instead of that, based on cost based approach, this decision said that the exclusionary element can not be satisfied unless the discounts result in prices that are below an appropriate measures of the defendant's costs. By adopting a discount attribution standard, this decision said that the full amount of the discounts should be allocated to the competitive products. As the seller can easily ascertain its own prices and costs of production and calculate whether its discounting practices exclude competitors, not the competitor's costs but the dominant undertaking's costs should be considered in applying discount attribution standard. This case deals with bundled discounting practice of multiple healthcare services by the dominant undertaking in healthcare market. Under the Korean healthcare system and public health insurance system, the price competition primarily exists in non-medical care benefits because public healthcare insurance in Korea is in combination with the compulsory medical care institution system. The cases that Monopoly Regulation and Fair Trade Law deals with, such as cartel and the abuse of monopoly power, also mainly exist in non-medical care benefits. The dominant undertaking's exclusionary bundled discounting in Korean healthcare markets may be practiced in the contracts between the dominant undertaking and private insurance companies with regards to non-medical care benefits.