• Journal of the Korea Academia-Industrial cooperation Society
• /
• v.17 no.8
• /
• pp.654-661
• /
• 2016

This study was conducted to investigate treatment tendency and dental caries occurrence after receiving insurance coverage for pit and fissure sealing. Data were obtained from statements for insurance payments received by the Daejeon branch health insurance review and assessment service from December 2009 until December 31 2014. As to the Pit and Fissure Sealing current state by year, there was most a lot of the number of examinee and the treatment number of teeth in 2010. The per capita average treatment number of teeth was highest (3.39) in 2013. As to the result that it analyze the first molar Pit and Fissure Sealing in 2010 according to the general feature, man was high than the woman, it showed up by age in the age of 7 most highly, and the summer was the highest among by season. The upper jaw left first molar was the most common location, although the upper jaw on the right side first molar, lower jaw right side first molar, and lower jaw left first molar were also affected. In 2010, the procedure was conducted more in the upper jaw right side first molar and enforces the recharge since 2011 to 2014, men were treated more than women, the recharge which is the most abundant in the age of 7 was performed by age, and the procedure was performed more during summer than in other seasons. It is forecasted that at August, 2015 most high demand shows according to the result that it predicts the tooth treatment number until December 2015 based upon the treatment number of teeth from December 2009 until November 2014 and be reduced in comparison with the year 2014. Thus, tooth brushing alone is not sufficient to prevent dental caries. Indeed, conducting pit and fissure sealing in infants and toddlers, as well as elementary middle and high school oral health centers is expected to be effective at preventing dental caries.

• The Korean Society of Law and Medicine
• /
• v.21 no.1
• /
• pp.187-220
• /
• 2020

Today, administrative legislation is becoming more and more important in that it not only sets the legal life relationship of the people in great detail and detail, but is closely related to the occurrence, extinction, and alteration of rights and obligations held by prisoners. In the United States, the types of administrative legislation are divided into substantive and interpretative regulations, so-called substantive regulations, which give prior notice and opportunity to comment on interested parties through formal or informal administrative procedures in accordance with Article 553 of the Federal Administrative Procedures Act. On the other hand, the interpretation regulation, which is "the regulation established by the Administration for the simple interpretation of statutes," does not require prior notice or comment because it does not affect the people's rights obligations. The Azar v. Allina Health Service, 587 U.S. 1804, 2019 ruling by the U.S. Constitutional Court, subject to this research paper, is about a dispute over a new decision to require Medicare to determine the amount of compensation for care providers that provide medical services for the poor, and should the regulations be regarded as substantive under the Administrative Procedures Act and should not be given a hearing or a simple internal process for processing. Given that the current administrative procedure law of our country stipulates the procedures for administrative pre-announcement through Articles 42.1 and 44.1, but that our courts have not judged violations of legislative pre-announcement procedures under the Administrative Procedures Act so far as to judge the illegality of administrative legislation, the dispute of the U.S. Constitutional Court will provide new implications for controlling legal orders beyond simple legal interpretation and has great significance in terms of readjustment of relevant regulations under future administrative procedures.

• The Korean Society of Law and Medicine
• /
• v.21 no.1
• /
• pp.223-259
• /
• 2020

With COVID-19 spreading rapidly around the world, research and development issues on treatments and vaccines for the virus are of high interest. Among them, Remdesivir was the first to show noticeable therapeutic effects and began clinical trials, with each country authorizing the use of the drug through emergency approval. However, Gilead Co., Ltd., the developer of Remdesivir, received a lot of criticism from civic groups for submitting the application for the marketing authorization as an orphan drug. This is because when a new drug got a marketing authorization as an orphan drug could be granted an exclusive status for seven year. The long-term exclusive status of an orphan drug comes from the policy purpose of motivating pharmaceutical companies to develop treatment opportunities for patients suffering from rare diseases, which was not appropriate to apply to infectious disease treatments. This paper provides a review of the problems and improvement directions of the domestic system through comparative legal consideration against the United States, Europe and Japan for the statutes which give exclusive status to medicines. The domestic system has a fundamental problem that it does not have explicit provisions in the statute in the manner of granting exclusive status, and that it uses the review system to give it exclusive status indirectly. In addition, in the case of orphan drugs, the "Rare Diseases Management Act" and the "Regulations on Examination of Items Permission and Reporting of Drugs" provide overlapping review periods, and despite the relatively long monopoly period, there seems to be no check clause to recover exclusive status in the event of a change in circumstances. Given that biopharmaceuticals are difficult to obtain patents, the lack of such provisions is a pity of domestic legislation, although granting exclusive rights may be a great motivation to induce drug development. In the United States, given that the first biosimilar also has a one-year monopoly period, it can be interpreted that domestic legislation is quite strictly limited to granting exclusive status to biopharmaceuticals. The need for improvement of the domestic system will be recognized in that it could undermine local pharmaceutical companies' willingness to develop biopharmaceuticals in the future, and in that it is also necessary to harmonize international regulations. Taking advantage of the emergence of COVID-19 as an opportunity, we look again at the problems of the domestic system that grants exclusive rights to medicines and hope that an overall revision of the relevant legislation will be made to establish a unified legal basis.

• The Korean Society of Law and Medicine
• /
• v.19 no.2
• /
• pp.41-72
• /
• 2018

In the division of labor (or teamwork) in medicine, the responsibility of medical and nursing staff should be separated or distributed to justify negligent criminal offenses. The present work refers to the standards by which the due diligence and responsibility of the individual persons are to be determined and delimited. In this context, it has been proven that objective theory as a measure of due diligence is appropriate. From a moral point of view, when assessing due diligence, it makes sense to impose greater individual or higher performance demands on the perpetrator, but law and order require that due diligence should result from socially relevant human behavior. To give objective measure of negligence and to provide the highest level of personal responsibility, so that man can not be burdened too much responsibility and it is accordingly with an equality theorem. Afterwards some points are presented, which should be considered in a concrete fact in the determination of the medical negligence. Medical action has specific characteristics such as professionalism, discretionary and exclusive, unbalance of information. These characteristics distinguish medical actions from general negligence. The general level of knowledge, the urgency, working condition and working environment of the medical facility, duration of the professional practice, assessment of the medical activity are crucial in this context. As a standard of delineation of due diligence, I have used the permitted risk and the principle of trust. In the horizontal division of labor, the principle of trust applies. The principle of trust applies in principle in cases of division of labor interaction, when doctors in the same hospital exercise their own specific occupational field or everyone works in another hospital. However, this is not true for every case. In the vertical division of labor, the principle of trust does not apply and the senior physician can not trust the assistant doctors. In this case, the principle of trust is converted into a duty of supervision for assistant doctors by the senior physician. This supervision requirement could be used as a random check.

• Journal of Korean Philosophical Society
• /
• no.117
• /
• pp.139-167
• /
• 2017

This essay attempts to reveal how taste spontaneously cultivates and why it is necessary for cultivating taste to edify our personality and to develop culture. It is a key of the solution of the problems that taste always reflects its judgment through pleasure. Because the grounds of the universal validity of the judgment of taste are found, whenever taste tests the validity of its own judgment, the so-called 'delight of discovery' makes taste cultivate itself. For having the moral personality, we need to practice spontaneously the morality of our own behaviour and for judging whether an artwork to represent the period is succeeded or not, we need to have a high insight to select the cultural heritage. But the autonomous thinking can delightfully be made a habit, judging the beauty of artworks. In the main body of this essay, it is determined from the three examples of the negative judgment of taste which Kant suggested in deduction. According to Kant, the negative judgment of taste means that the beautiful work is displeased, but what it asserts is that taste is cultivated. I formalize the methods of reflection of taste revealed in three negative judgments of taste into'resisting', 'indicating of error', 'self-retracting'.(Chapter 2) And from this, I emphasize the necessity to cultivate taste in the way that these methods of the cultivation of taste can affect building our personality by stimulating our reason to have interest in moral(Chapter 3) and in the way that taste directly judges the product of cultural succession.(Chapter 4) In the end of last chapter, I examine further essentially the method of the reflection of taste, to inquire into how to enable it.(Chapter 5) Especially, I try to illuminate its grounds through Schiller's concept of the "impulse of amusement(Spieltrib)", because his explanation helps us to understand the dynamics of taste's delight of discovery. Although the abilities of mind conflict with each other, taste has the characters that it reflects to encourage them for each other and that it is vitalized by its own activity. We, as it were, can pleasantly handle two tasks, because taste makes the impulse of amusement from conflictive impulses in mind. In conclusion, I state that we have to experience directly the impulse of amusement like creative artist, because it is maximized from creation.

• The Journal of Korean Philosophical History
• /
• no.31
• /
• pp.33-52
• /
• 2011

This study intends to understand Kobong's thought, especially the problem of Self-cultivation. Kobong, along with Toegye(退溪), is a major figure to understand Confucian ideas of Chosun in the 16th century. There has been a lot of research centered on Kobong's Four-beginnings(四端) and Seven-emotions(七情), but not much on the Self-cultivation of Kobong. Confucianism is basically to seek after actualization of Perfect Virtue(仁) and the way to be a sage, through the pursuit of self-discipline(修己 明明德) and social practice(安人 新民). The problems of Confucianism might be summarized as follows: interest and appreciation for the source of existence(知天/事天); harmony in relationships and practices(愛人/愛物); both of the above together. Therefore, Self-cultivation is to change the self, the subject of one's life, through the relationship between man and heaven. Kobong and Toegye had debated for about eight years(1559-1566) over the problem of human nature, especially emotion(情), and virtue and vice(善惡) fundamental position of Toegye is that the difference between Four-beginnings(四端) and Seven-emotions(七情) can be understood as emotion with qualitative distinction. By contrast, Kobong sees the relationship between Four-beginnings(四端) and Seven-emotions(七情) as that of total and partial. Discussion on the Four-beginnings(四端) and Seven-emotions(七情) is not restricted within the problem of logical analysis of concepts or theoretical validity, but come to a conclusion with the problem of Self-cultivation(修養). In this sense, Kobong tried to follow Neo-Confucian theory of human nature and self-cultivation, on the assumption of Confucian self-discipline and social practice.

• Korean Journal of Social Welfare Studies
• /
• v.42 no.4
• /
• pp.239-262
• /
• 2011

The Korean government's recent large-scale termination and modification of welfare benefits revealed a procedural problem under the National Basic Living Security Act. Under the Act, welfare recipients have a legal right to make complaints only after the termination or modification is enforced; the Act fails to provide the recipients with an opportunity for a hearing before termination or modification, and this creates serious threats to the recipients, whose livelihoods are dependent on welfare benefits. Korean jurisprudence has adopted the due process of law principle. The principle originated from the due process in US jurisprudence, and Korea has applied it broadly to any government actions that restrict individuals' constitutional or legal rights. This paper reviews the termination or modification procedure under the Act with the lens of the due process principle and criticizes that the current law is not in compliance with the principle. In supporting that such termination and modification procedure infringes on welfare recipients' protected rights, this paper discusses two theories as to what rights are protected. First, termination or modification of welfare benefits can be considered as deprivation of property. The 'property' theory may be weak under Korean jurisprudence, because the concept of property under the Korean Constitution is narrowly construed. Second, this paper relies on the constitutional provision that recognizes "the right to a life worthy of human beings," which requires the State to guarantee minimum standard of living for all. As welfare recipients are deemed to receive benefits as a right under the Constitution, any deviation from the minimum requirement would constitute a violation of constitutional rights. In any case, termination or modification of welfare benefits that are concretized under the Act should be protected under the due process principle, because the principle would cover any government actions that restrict established legal rights. This paper argues that the procedural due process requires the recipients be guaranteed an opportunity to have a hearing before the termination or modification is enforced. An independent decision-maker should hear the proceedings, and the recipients should have an option to orally present their opinions in front of the decision-maker. The hearing process under the Administrative Procedures Act of Korea offers elements that would satisfy these procedural requirements. Thus, this paper concludes that the National Basic Living Security Act should be amended to adopt the hearing process under the Administrative Procedures Act in its termination and modification procedure.