• The Korean Society of Law and Medicine
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• v.14 no.1
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• pp.43-83
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• 2013

Medical treatment has great potential for conflict. Even the best-trained doctors can commit medical malpractice that result in continuing physical or mental disabilities or even death. Medical conflicts have been increasing over years. The medical conflicts between patient and medical professionals that result from medical professionals' mistakes are often fueled by a violation on the pretext of the injuries form medical malpractice and can lead to litigation. The litigation usually cost a lot of money and time. The extension of the litigation period as well as expensive cost and lack of medical knowledge placing a great burden on patients. Alternative Dispute Resolution(ADR) is more efficient than litigation. In 1988, the medical dispute mediation system has been introduces as the Act on Remedy for Damage from Medical Accident and Medical Dispute Mediation by Korean Medical Association came into effect after 23 years of enactment efforts. Medical Dispute Mediation Act(hereinafter referred to as the "MDMA") has finally entered into force from 8 April 2012. The purpose of the MDMA is to promptly and fairly redress injuries caused by medical malpractice and create a stable environment for medical services of public health or medical professionals by providing for matters regarding the mediation and arbitration of medical disputes(MDMA ${\S}1$). In an effort to secure the fair, speedy and inexpensive resolution of every malpractice case, the Korea Medical Dispute Mediation and Arbitration Agency(hereinafter referred to as the "K-MEDI") was established. Following the MDMA, the K-MEDI shall endeavor to ensure the medical dispute mediation or arbitration proceedings are conducted in a prompt, fair, and efficient manner, and patients and medical professionals shall attend proceedings in good faith with mutual trust and understanding when they participate in medical dispute mediation or arbitration proceedings.

• Journal of the Korea Convergence Society
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• v.12 no.9
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• pp.295-305
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• 2021

The purpose of this study is to explore the trend of nursing professional research topics published domestically through quantitative content analysis. The research method performed procedures for collecting academic papers, refining and extracting words, and data analysis. A text network was developed by collecting 351 papers and extracting words from the abstract, and network analysis and topic modeling were performed. The core-topics were nurses, nursing professionalism, nursing students, nursing care, professional self-concept, health care professionals, satisfaction, clinical competence, and self-efficacy. Through topic modeling, topic groups of nurse's professionalism, nursing students' professionalism, nursing professional identity, and nursing competency were identified. Over time, core-topics remained unchanged, but topics such as role conflict and ethical values in the 1990s, self-leadership and socialization in the 2000s, and clinical practice stress and support systems in the 2010s have emerged. In conclusion, it is necessary to facilitate multidimensional interventional research to improve nursing professionalism of clinical nurses and nursing students.

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.139-171
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• 2018

The 「Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes」(hereinafter referred to as 'the Act on Mediation of Medical Disputes') provides that the state should compensate the victims of medical accidents occurred irresistibly in childbirth despite that health and medical service personnel fulfilled their duty of care for their damage within the range of its budget(Article 46 of the Act on Mediation of Medical Disputes). Given that victims of medical accidents could expect demage recovery only through lawsuits thus far, this act can be said to be a groundbreaking act. However, However, as 30% of the costs for such medical accident compensation projects are borne by those who have records of childbirth among the founders of health and medical institutions (Article 21 of the Act on Mediation of Medical Disputes), there has been a question about whether doctors are held responsible despite that the accidents such as the deaths of mothers and newborn babies occurred irresistibly without doctors' fault. However, recently, the Constitutional Court ruled that 'the range of founders of health and medical institutions' and 'share ratios of finances for compensation' in Article 46 (3) of the Act on Mediation of Medical Disputes' related to the imposition of the share of costs are institutional (Constitutional Court ruling dated April 26, 2018, 2015Heonga13, hereinafter referred to as 'the ruling in the case'). Although the ruling in the case was made based on only the principle of statutory reservation and the principle of ban on comprehensive authorization, this paper added a practical judgment. This paper proved that the share of costs in this case has the nature of burden charges in pursuit of study and does not infringe on the property rights of the founders of health medical institutions even in light of the principle of proportionality because there is a legitimate reason for imposing the burden charge. The imposition of the share of costs in the system for compensation for medical accidents occurred irresistibly is against the principle of liability with fault in part. However, the medical accident compensation projects are rational a national policy for the victims of medical accidents and the medical world clearly gains some benefits from the effect to terminate medical disputes. The expansion of finances for compensation through the payments of the share of costs will reduce the suffering and misunderstanding of victims of medical accidents occurred in the process of childbirth and will be very helpful to the construction of stable treatment environments of medical workers by quickly establishing the medical accident compensation projects as such.

• The Korean Society of Law and Medicine
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• v.17 no.1
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• pp.3-43
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• 2016

The North Korean medical laws are consisted of 'People's Health Act' and 'Medical Act' in the peak of the North Korean constitutional law. Before the legislation of 'People's Health Act', a number of medical laws and regulations existed. But, at present, there is no information about its amendment and effectiveness. 'People's Health Act' legislated in 1980 declared fundamental principles and policies of the North Korean health care system. 'Medical Act' legislated in 1997 is the basic law among the North Korean medical laws. It presented the goals and fundamental principles of the North Korean health care, and then regulated the basics about 'Tests and Diagnosis', 'Medical Treatment', and 'Medical Appraisal'. 'Medical Act' of North Korea was established later than South Korea, and its provisions is smaller in number. And there are lots of abstract and declaratory provisions compare with South Korean 'Medical Act'. Especially there is no provision about the kind and requirements of medical personnel and medical institutions, so it is hard to grasp the North Korean health care system at once. Regarding the medical treatment, there are many similar contents between the North and South Korean 'Medical Act'. But, the provisions, such as regarding mixing the new medicine and the korean traditional medicine, encouraging natural therapies in medical treatment, and informing the patient's protector of bad diagnostic result if there is concern to have a bad influence on patient, are different from the South Korean 'Medical Act'.

• Journal of the Korean Society of Radiology
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• v.16 no.7
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• pp.815-824
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• 2022

The current radiation safety management system is also applied to radiation practices at universities. The application of the law raised concerns about poor radiation practice education and hindering the development of radiology. Accordingly, the Korean Radiology Professors Association needed to grasp the reality of the management system for radiation practice education at each university and the current radiation safety management system in the department of Radiological science. So, a survey was conducted on heads of radiological science departments across the country. Through the survey, it was found that the current application of the Nuclear Safety Act to radiation safety management in the department of Radiological science is excessively restrictive and not very effective. In addition, radiology practice education for the purpose of training health and medical professionals should be controlled by the Ministry of Health and Welfare and the Korea Centers for Disease Control, but there is a problem of being supervised by the Nuclear Safety and Security Commission. Therefore, in this study, as a legal improvement plan to solve this problem, first, a plan according to a partial amendment to the Higher Education Act, second, a plan to be supervised by the Ministry of Health and Welfare through the amendment of article 37 of the Medical Service Act, third, article 20-2 of the Enforcement Decree of the Medical Service Technologists Act was newly inserted to propose three measures to be supervised by the Ministry of Health and Welfare.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.75-103
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• 2020

There is a growing voice that medical information should be shared because it can prepare for genetic diseases or cancer by analyzing and utilizing medical information in big data or artificial intelligence to develop medical technology and improve patient care. The utilization and protection of patients' personal information are the same as two sides of the same coin. Medical institutions or medical personnel should take extra caution in handling personal information with high environmental distinct characteristics and sensitivity, which is different from general information processors. In general, the patient's personal information is processed by medical personnel or medical institutions through the processes of collection, creation, and destruction. Still, the use of terms related to personal information in the Medical Service Act is jumbled, or the scope of application is unclear, so it relies on the interpretation of precedents. For the medical personnel or the founder of the medical institution, in the case of infringement of Article 24(4), it cannot be regarded that it means only medical treatment information among personal information, whether or not it should be treated the same as the personal information under Article 23, because the sensitive information of patients is recorded, saved, and stored in electronic medical records. Although the prohibition of information leakage under Article 19 of the Medical Service Act has a revision; 'secret' that was learned in business was revised to 'information', but only the name was changed, and the benefit and protection of the law is the same as the 'secret' of the criminal law, such that the patient's right to self-determination of personal information is not protected. The Privacy Law and the Local Health Act consider the benefit and protection of the law in 'information learned in business' as the right to self-determination of personal information and stipulate the same penalties for personal information infringement such as leakage, forgery, alteration, and damage. The privacy regulations of the Medical Service Act require that the terms be adjusted uniformly because the jumbled use of terms can confuse information subjects, information processors, and shows certain limitations on the protection of personal information because the contents or scope of the regulations of the Medical Service Law for special corporations and the Privacy Law may cause confusion in interpretation. The patient's personal information is sensitive and must be safely protected in its use and processing. Personal information must be processed in accordance with the protection principle of Privacy Law, and the rights such as privacy, freedom, personal rights, and the right to self-determination of personal information of patients or guardians, the information subject, must be guaranteed.

• Child Health Nursing Research
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• v.12 no.1
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• pp.122-133
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• 2006

본 연구의 목적은 아동 성폭력 상황 자체와 성폭력 가해자에 대한 간호사의 태도가 상황 판단에 미치는 영향을 규명하는데 초점을 둔다. 503명의 병원 간호사와 526명의 보건교사를 대상으로 vignette 디자인 설문조사를 실시하였다. 아동성폭력 상황 vignettes은 7가지의 특성 (성폭력 행위, 성폭력 빈도, 피해자의 연령, 피해자의 저항, 가해자의 연령, 가해자와 피해자의 교차성별, 가해자와 피해자와의 관계)을 조합하여 구성하였다. 1/4 factorial design의 결과로서 64개의 vignettes 이 도출되었으며 이 중 16개 vignettes을 무작위로 추출하여 그 vignettes에 나타난 각 성폭력 상황들의 심각정도를 표시하도록 하였다. 성폭력 가해자에 대한 문항들은 1) 가해자가 아동 성폭력을 하는 이유 2) 전형적인 성폭력 가해자3) 아동성폭력 가해자의 처벌방법에 관한 간호사의 태도를 묻는 것이었다. 자료분석은 Logistic Regression을 실시하였다. 연구결과에서 간호사들은 아동 성폭력 상황의 심각도를 판단할 때 주로 성폭력 상황에 의해 영향을 받고 아동 성폭력 가해자에 대한 개인적 태도는 거의 영향을 미치지 않는 것으로 나타났으며, 아동 성폭력 상황 특성 중 피해자의 저항, 성폭력 행위, 성폭력 빈도, 가해자의 연령, 가해자와 피해자의 교차성별 순으로 아동 성폭력상황의 심각도에 영향을 미치는 것으로 나타났다. 결론적으로, 간호사들은 아동 성폭력 상황에 직면하여 사례를 판단할 때 아동 성폭력 문제에 대한 개인의 태도에 영향을 받기보다는 사례 그 자체에 근거를 두고 판단하는 경향을 나타낸다. 본 연구 결과는 법적, 전문가적 의미에서 아동성폭력 신고자로서의 의무와 사례중재에 개입된 의료인으로서의 역할 수행에 긍정적인 면을 시사한다.

• Women's Health Nursing
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• v.7 no.4
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• pp.657-665
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• 2001

여성건강은 개인 뿐만 아니라 가족, 사회, 국가적으로 대단히 중요하다. 왜냐하면 미래사회의 자원인 인간을 출산하고 양육하는 것과 직접적으로 관련이 있기 때문이다. 여성은 스스로 자신의 몸을 지키고 건강행위를 위한 결정을 할 수 있어야 한다. 특히 출산과 관련하여 여성은 자신의 건강을 유지 증진 할 수 있는 능력이 있어야 한다. 한나라의 발전수준은 모자보건의 수준으로 결정하며 영아 사망률과 모성사망률은 국가 발전의 수준을 대표한다. 본 연구는 한국의 여성과 어린이 건강 실태를 살펴보았다. 모성사망률과 영아사망률은 여성의 산전간호 수진률의 증가와 영아 예방접종률의 증가로 점차 감소하고 있다. 그러나 모유수유률의 감소와 영아의 사고발생률이 증가하는 것은 자라나는 어린이의 건강을 위협한다. 어린이 사고는 환경과 돌보는 어른들의 부주의에 의해서 발생되는 경우가 대부분이므로 어린이 사고를 방지하고 모유수유률을 증가시키는 예방전략이 필요하다. 여성의 흡연, 음주, 약물의 사용이 증가하는 것과 여성폭력이 증가하는 것은 여성건강을 위협하는 중요한 요인이다. 또한 식습관 장애와 같은 잘못된 건강행위는 여성의 건강을 위협할 뿐 아니라 자녀출산에도 부정적인 영향을 미친다. 여성과 어린이의 건강을 유지 증진하기 위해서는 여성이 여성으로서의 인식을 가지고 건강관리기관을 찾고 건강관리를 할 수 있는 능력을 가져야 한다. 그러므로 간호사를 비롯한 의료인은 여성이 스스로 판단하고 결정하고 자가간호 할 수 있는 힘과 의지와 정보를 제공해야 한다. 이를 위해 여성건강전문간호사가 필요하다. 또한 국가와 사회단체(NGO)가 함께 여성건강이 국가적인 사업임을 인식하고 지원과 관심을 기울여야 한다.

• Journal of dental hygiene science
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• v.15 no.3
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• pp.247-253
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• 2015

The purpose of this study is to investigate guidelines and safety and precautionary devices for prevention of needlestick injuries in dental offices. This study conducted comparative analysis on the domestic and overseas guidelines for infection control and surveyed safety and precautionary devices for prevention of needlestick injuries. Based on the result of analysis and survey, this study suggests safety and precautionary guidelines to prevent needlestick injuries. To prevent needlestick injuries, staff in dental offices should be well aware of the guidelines for infection control and how to use safety and precautionary devices.

• Journal of the Korean Society of Radiology
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• v.10 no.6
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• pp.411-418
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• 2016

This study presented a mediation strategy of admittance quota of four year and three year colleges raising radiology technicians by investigating the demand and supply related literature for Radiological Technologists, a type of health and medical services personnel. Oh Yeong-ho et al.'s study on mid and long term supply system for health and medical services personnel resources, excess supply of 1,134~2,052 Radiological Technologists in 2015 was predicted and excess supply of 12,632~14,196 Radiological Technologists are to be expected in 2030. To settle excess supply of Radiological Technologists, Supernumerary quota over the entrance students of institutions raising Radiological Technologists should be less than 5% to reduce applicants for Radiological Technologists to be 308 people, reduce 387 applicants for radiology technicians every year by unifying three year colleges raising Radiological Technologists with four year colleges into education period unification, evaluate education conditions of colleges to restrict those colleges lacking the minimum requirements from getting eligibility for take the examination for Radiological Technologists by establishing tentatively 'Korean Institute of Radiologic Education and Evaluation.' For this, it is necessary to obtain cooperation from health and medical services personnel organizations in pertinent fields as well as related organizations of Radiological Technologists.