• Title/Summary/Keyword: 보건의료법체계

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The Current Legal Problems and Improvements of Telemedicine (원격의료의 현행법상의 법적 문제점과 개선점)

  • Joung, Soon-Hyoung;Park, Jong-Ryeol
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2012.07a
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    • pp.123-126
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    • 2012
  • 현재 정보통신의 비약적인 발전은 의료서비스 전달체계에서도 큰 변화와 진전을 야기하고 있으며 세계적으로 점차 확대되어가고 있는 추세이다. 이는 의료정보화라는 이름으로 환자에게는 질병의 진단, 치료에 있어서 보다 신속, 세밀하고 정확히 판단할 수 있게 하여 수준 높은 보건의료서비스를 제공하는 한편 의료기관 및 관련기관은 업무의 효율성을 높여가고 있다. 그 중 원격의료는 의료기관의 방문 없이 대기시간의 단축, 일률적인 고도의 의료수준을 기대할 수 있는 등의 장점이 있는 제도이다. 그러나 현행 우리 의료법에서는 이를 규정하고는 있으나 그 내부적 관계에 따르는 세부적인 법률관계의 부재와 현장에서 이루어지는 의료행위가 아닌 정보통신망을 이용한 비대면접촉에 의한 특수한 형태라는 측면에서 제도적, 시설적, 환경적 제약이 있음을 부인할 수 없다. 따라서 본 논문에서는 원격의료의 법적 문제점 및 개선점을 고찰해보고 이를 통한 원격의료를 활성화할 수 있는 활로를 모색하고자 한다.

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Improving Legislation on the use of Healthcare Data for Research Purposes (보건의료 빅데이터의 연구목적 사용에 대한 법제 개선방안)

  • Park, Dae Woong;Jeong, Hyun Hak;Jeong, Myung Jin;Ryoo, Hwa Shin
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.315-346
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    • 2016
  • With the development of big data processing technology, the potential value of healthcare big data has attracted much attention. In order to realize these potential values, various research using the healthcare big data are essential. However, the big data regulatory system centered on the Personal Information Protection Act does not take into account the aspect of big data as an economic material and causes many obstacles to utilize it as a research purpose. The regulatory system of healthcare information, centered on the primary purpose of patient treatment, should be improved in a way that is compatible with the development of technology and easy to use for public interest. To this end, it is necessary to examine the trends of overseas legal system reflecting the concerns about the balance of protection and utilization of personal information. Based on the implications of the overseas legal system, we can derive improvement points in the following directions from our legal system. First, a legal system that specializes in healthcare information and encompasses protection and utilization is needed. De-identification, which is an exception to the Privacy Act, should also clearly define its level. It is necessary to establish a legal basis for linking healthcare big data to create synergy effects in research. It is also necessary to examine the introduction of the opt-out system on the basis of the discussion on the foreign debate and social consensus. But most importantly, it is the people's trust in these systems.

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A study on the Foreign Senior Citizens' Welfare Act (외국 노인복지법에 관한 연구)

  • kim, hyeon-su
    • Journal of the Korea society of information convergence
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    • v.7 no.2
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    • pp.31-40
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    • 2014
  • The old age officially means time when Health is weakened. To complete the social security against the social risks it is on the one hand necessary to provide an elaborate system of coordination in the field of social security. It should be pursued on law as well as policy. Social security benefits should be comparatively analysed to have implications for the national legislation.

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The Relationship between the Health System and the COVID-19 Case Fatality Rate (보건의료체계와 코로나19 치명률의 연관성)

  • Hansol Lee;Sieun Lee;Jiwon Park;Yuri Lee
    • Health Policy and Management
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    • v.33 no.4
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    • pp.421-431
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    • 2023
  • Background: The coronavirus disease 2019 (COVID-19) pandemic has led to socio-economic issues, highlighting the importance of strengthening health systems for future infectious diseases. This study aims to analyze the relationship between health system preparedness, response levels, and COVID-19 fatality rates across 194 countries. Methods: This study examined various indicators of national health system preparedness and response, including health service delivery, health workforce, health information systems, essential medicines and health products, health financing, and leadership and governance. Results: A correlation was found between the health system and the COVID-19 case fatality rate (CFR). Further examination of specific indicators within health service delivery, health workforce, health information systems, health financing, and leadership/governance showed significant correlations with the CFR. Multiple regression analysis, considering aging and urbanization rates, identified reproductive/maternal/newborn and child health, infectious diseases, nursing and midwifery personnel density, birth registration coverage, and out-of-pocket health expenditure as significant factors affecting the CFR. Conclusion: Countries with strong health system indicators experience lower case fatality rate from COVID-19. Strengthening access to essential health services, increasing healthcare personnel and resources, ensuring reliable health information, and bolstering overall health systems are crucial for preparedness against future infectious diseases.

A Systematic Review of the Literature on Tattoo and Semi-permanent Makeup (문신 및 반영구화장에 관한 체계적 문헌고찰)

  • Soyeon Park;Eunkyung Seo;Sungwook Kang
    • Journal of the Korean Applied Science and Technology
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    • v.40 no.3
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    • pp.435-452
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    • 2023
  • This study was conducted for a systematic literature review according to the period, subject, and research method for 198 papers related to tattoo and semi-permanent makeup published from 1979 to 2022. By period, it was divided into the first period (1979-1994), the second period (1995-2005), the third period (2006-2012), and the fourth period (2013-2022). In the first period, research on health and medical aspects was the main focus, and in the second period, studies in various aspects such as art and culture began to appear. The 3rd period was characterized by increased research on semi-permanent makeup, and the 4th period was marked by a rapid increase in research on tattoos and semi-permanent makeup. By research topic, it was analyzed by dividing it into health and medical care, beauty, fashion and art, society and culture, law and system. As a result, cosmetic studies were most actively conducted to identify consumers' preferences and perceptions, and health and medical studies were the second most common. Recently, as the need for legalization has increased, studies related to laws and systems have increased rapidly, and studies on culture, history, and fashion have also been conducted. By research method, survey research were used the most, and various methods such as literature study and case studies were also used. This study is expected to further promote follow-up research in the future and contribute to the development of related industries.

A study on the school health education curriculum development focused on the health education course in primary school (국민학교 보건교육 교과과정의 개선방안에 대한 연구)

  • Kim, Hwa-Joong;Lee, In-Sook
    • Journal of the Korean Society of School Health
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    • v.5 no.1
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    • pp.36-63
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    • 1992
  • The purpose of this study was development of school health education curriculum in primary school based on analysis of the textbooks published in 1991. 1) The health education curriculum in primary school consisted of four major components such as health education aspects of the healthful school environments, health education aspects of school health services, health education course, and health instruction in related subjects. However, health instruction taught by physical education, biology, and other health related subjects was not systematic organization for health care. 2) A considerable amount of health knowledge and attitude, and some health practices was learned as the result of experiences in other courses, where there was little or no reference to health. It must be developed health edcation course separated from health related subjects. 3) Direct health insruction was represented by the health education course. The health education courses must be considered to be heart of the school health education curriculum. 4) The health education course developed by this study was consisted of eight health units and problems in the early elementary grade or health classes in the higher years. 5) The health education course developed by this study provided the opportunity for acquring new knowledge, attitude, and practice, for discarding the unhealtful attitude and strengthening the healthful attitude and practices of primary school students.

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Criminal Law Issues and Challenges Due to Changes in the Healthcare Paradigm (헬스케어 패러다임 변화에 따른 형사법적 쟁점과 과제)

  • Sun, JongSoo
    • The Korean Society of Law and Medicine
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    • v.24 no.1
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    • pp.43-65
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    • 2023
  • The healthcare industry is a digital healthcare that combines technology based on the 4th Industrial Revolution, dealing with information on individual health and medical care, and is a fusion of health care services and medical science and technology. It is questionable whether digital healthcare according to the paradigm change can be discussed by the concept of medical practice under the existing Medical Act. There is no clear definition of the concept of medical practice in the Medical Service Act, but the concept is established through precedents. In addition, under the Medical Service Act, the subject of medical practice is limited to medical personnel. However, digital healthcare sometimes diagnoses and treats diseases using digital technology by medical personnel. On the other hand, what is possible by non-medical personnel is digital healthcare. This is because digital healthcare is understood as a concept that includes health care such as exercise, eating habits, and weight control. For this reason, if the concept of medical practice under the "Medical Act" on digital healthcare is included, it is subject to criminal punishment for "unlicensed medical practice" prescribed in Article 27 of the "Medical Act". In the health and medical industry, digital transformation and convergence with information and communication technology are rapidly progressing. As a result, there is a need to newly define it as 'digitalized medical practice' or 'information and communication technology (ICT)-based medical practice' separately from existing medical practices. The concept of medical practice has variability, not a fixed and invariable concept. However, in response to this demand, it is not an infinite expansion of the concept of medical practice, but a request to reset its scope. Therefore, the concept of medical practice should be legislated by reflecting the demand of consumers for the medical service system.

A Qualitative Study on Public management of the Admission and Discharge of mental hospital (정신장애인의 정신의료기관 입·퇴원과 국가관리에 관한 질적 연구)

  • Lee, Yong-pyo;Chung, Hyun-ju
    • Korean Journal of Social Welfare Studies
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    • no.37
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    • pp.369-397
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    • 2008
  • The purpose of this study is to understand the context of mental hospital admission and discharge related with the stakeholder and to find out issues about public management on mental health disabilities. To this process, the more effecive alternative policies for mental health will be offered. As a research tool, the qualitative study was used, and the 6 case were analyzed. Through this study, we find 5 theme such as admission type occurred outside public management, uneffective public management in mental hospital treatment, long-term treatment mechanism occured in mental hospital, helplessness and role distortion of public follow-up system. According to the mental health law, mental hospital admission and discharge on mental health disabilities is to managed public system. But public management with mental health disabilities did not work on. In this results, we are find infringement on mental health disabilities. According to these findings, several suggestions are offered for better policies about admission and discharge procedures managed by public system.

Health Law and Adult Guardianship System (성년후견제도와 정신보건법상 환자의 동의권에 관한 연구)

  • Moon, Sang hyuk
    • The Korean Society of Law and Medicine
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    • v.16 no.1
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    • pp.221-254
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    • 2015
  • The amendment of the Korea Civil Code will take place July 1, 2013. One of the most import issues related to adult guardianship system is a part. Though more than 100 new provisions, the revised Civil Code fundamentally reformed the guardianship system to establish a system to meet the diverse and complex needs of those who need a guardian and ensure due process. The new adult guardianship system intended to respect dignity and human right of mentally incapacitated adults, to guaranee their autunomy and to minimize the public interventions for assisting them. The new guardianship system for vulnerable adult has three kinds of legal guardianship system (adult guardianship, limited guardianship and specific guardianship). Mental patients forced the hospitalization of the mental health code and will be treated as an agreement incapable person. In principle an agreement incapable person has capacity of consent. The consent of the mental patients are admitted first. It is advisable to medical care only by the consent of the guardian when the the mental patient do not agree ability. If the mental patient do not agree with the mentally ill, but there should be a supervisory capacity for a guardianship of the couple guardian supervision. In conclusion, it not lost the capacity to consent to inpatient mental illness called. Therefore, we must discuss in detail the scope of the agreement for the mental patients. Mental Health Act amendments are necessary in accordance with the amended Civil Code.

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Legal Issues in Protecting and Utilitizing Medical Data in United States - Focused on HIPAA/HITECH, 21st Century Cures Act, Common Law, Guidance - (미국의 보건의료데이터 보호 및 활용을 위한 주요 법적 쟁점 -미국 HIPAA/HITECH, 21세기 치료법, 공통규칙, 민간 가이드라인을 중심으로-)

  • Kim, Jae Sun
    • The Korean Society of Law and Medicine
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    • v.22 no.4
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    • pp.117-157
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    • 2021
  • This research reviewed the HIPAA/HITECH, 21st Century Cures Act, Common Law, and private Guidances from the perspectives in protecting and utilitizing the medical data, while implications were followed. First, the standards for protection and utilization are relatively clearly regulated through single law on personal medical information in the United States. The HIPAA has been introduced in 1996 as fundamental act on protection of medical data. Medical data was divided into personally identifiable information, non-identifying information, and limited dataset under HIPAA. Regulations on de-identification measures for medical information, objects for deletion of limited data sets, and agreement on prohibition of data re-identification were stipulated. Moreover, in the 21st Century Cures Act regulated mutual compatibility for data sharing, prohibition of data blocking, and strengthening of accessibility of data subjects. Common Law introduced comprehensive consent system and clearly stipulates procedures. Second, the regulatory system is relatively simplified and clearly stipulated in the United States. To be specific, the expert consensus and the safe harbor system were introduced as an anonymity measure for identifiable medical information, which clearly defines the process while increasing trust. Third, the protection of the rights of the data subject is specified, the duty of explanation is specified in detail, while the information right of the consumer (opt-out procedure) for identification information is specified. For instance, the HHS rule and FDA regulations recognize the comprehensive consent system for human research, but the consent procedure, method, and requirements are stipulated through the common rule. Fourth, in the case of the United States, a trust-based system is being used throughout the health and medical data legislation. To be specific, Limited Data Sets are allowed to use in condition to the researcher's agreement to prohibit re-identification, and de-identification or consent process is simplified under the system.