• The Korean Society of Law and Medicine
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• v.19 no.1
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• pp.3-20
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• 2018

Pharmacopunture is a new combined method of acupunture and oriental drugs. Recently, this method is widely used to treat traffic accident patients in oriental medicine. However, there is no evidences of treatment, no information of effects and side-effects of this method, and no information of drugs used. In South Korea, western medicine and oriental medicine are regulated differently. When a new technology is invented in the area of western medicine, that method should pass several stages of clinical trials. After that processes, that method can be done as a medical practice. However, in the area of oriental medicine, there is no process like that. According to in South Korea, medical practice without license are composed of two behaviors. First type is that medical practice is done by a person who has no medical license. Second type is that medical practice is done by a person who has a medical license but the area of the license is different. Because of this reason, the distinction between the western medical practices and the oriental medical practices is very important. Medical practices are protected by license mainly because they can harm human life or body. When we invented new medical practice and try to practice it to the patients, we should consider the risk of that method whether it is western medical practice or oriental medical practice. It is not clear that the pharmcopunture which has been done is satisfied the standard of medical treatment.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.87-108
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• 2014

Recent examples of abuse by black consumers (including air travellers) against emotional laborers have become a serious social issue in Korea in that they are likely to violate human rights of those laborers. Emotional labor is a form of emotion regulation that creates a publicly visible facial and bodily display, and also emotional management within the workforce that creates a situation in which the emotion management by workers can be exchanged in the marketplace. Example professions that require emotional labor are: nurses, doctors, waiting staff, and television actors. However, as the economy moves from a manufacturing to a service-based economy, many more workers in a variety of occupational fields are expected to manage their emotions according to employer demands when compared to the past. One of symptoms deriving from emotional labor is smile mask syndrome abbreviated SMS, which is a psychological disorder proposed by professor Makoto Natsume where subjects develop depression and physical illness as a result of prolonged, unnatural smiling. And higher degree of using emotion regulation on the job is related to higher levels of employees' emotional exhaustion, and lower levels of employees' job satisfaction. In most part, emotional laborers are more abused and hurt by so called black consumers who are raising complaints relating to products and services purchased against service providers for the purpose of maliciously getting compensation. Against this background, the Korean Government abolished "the Consumer Protection Act" and instead promulgated "the Basic Consumer Act" in September 2006 which stipulates that consumers are expected to have protection as well as responsibility and duty. The Aviation Security Act cites the examples of prohibited behaviors (unruly passengers) while they are travelling. In addition, human rights of emotional laborers could be more protected by the enhancement of etiquettes and cavalry and improvement of culture and working environment.

• Journal of the Korean Institute of Educational Facilities
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• v.24 no.2
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• pp.18-24
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• 2017

본 연구는 청소년 스트레스 호르몬 변화를 보기위한 연구로 컬러 컨설팅 환경개선에 따른 스트레스 호르몬 변화를 연구하였다. 청소년 스트레스 연구들에 따르면, 아동이나 청소년도 성인만큼 스트레스를 경험하고 있고 청소년들의 스트레스는 정서적 부적응과 신체적 건강에도 영향을 미친다. 스트레스가 지속되면 부신피질에서 스테로이드 호르몬인 코티솔도 분비하는 근거를 통해 환경변화로 생긴 코티솔 분비를 측정하였다. 코티솔 분비를 통한 스트레스 반응 정도 측정은 침해성을 최소화하기 위한 간편한 방법인 타액검사로 실시하였으며 비 침습적인 방법으로 특별한 장비나 도움이 없이 수집할 수 있었고 부작용이 적은 효율적 검사였다. 연구 결과 전체 학생(46명)의 코티솔은 환경개선 사전($0.121{\pm}0.087{\mu}g/dL$)에 비해 사후($0.096{\pm}0.058{\mu}g/dL$)에 감소하였고(t=1.718, p=.093) 중고등학생(36명)의 코디솔은 사전($0.137{\pm}0.092{\mu}g/dL$)에 비해 사후($0.104{\pm}0.062{\mu}g/dL$)에 감소하였으며, 유의수준 10%에서 통계적으로도 유의미한 차이를 보였다(t=1.750, p=.089). 따라서 환경 개선 전에 비해 환경 개선 후 청소년들의 스트레스가 감소되었음을 알 수 있다. 하지만 초등학생(10명)의 코티솔은 사전($0.064{\pm}0.023{\mu}g/dL$)에 비해 사후($0.065{\pm}0.016{\mu}g/dL$)에 변화를 보이지 않아, 유의수준 5%에서 통계적으로 유의미한 변화는 나타나지 않았다(t=-0.121, p=0.906). 따라서 후두엽이 발달하는 중학생 시기는 환경 변화에 민감하며 색채 자극에 크게 영향을 미치는 시기인 만큼 본 연구에서 환경전후로 검사한 코티솔 분비의 측정값도 감소함을 볼 수 있었다. 하지만 본 연구는 환경 변화에 코티솔 분비량에 유의미한 변화를 나타내지 않은 초등학생들은 스트레스 호르몬 변화에는 차이가 없었지만 환경변화의 자극이 없었다고 볼 수는 없다.

• Journal of the Korea Society of Computer and Information
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• v.18 no.6
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• pp.55-61
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• 2013

TSexual violence is physical and mental violence that violates the sexual self-determination contrary to the intention of the other party such as rape, forced molestation, sexual harassment, caught hidden camera. It is one of the many criminal acts that male is perpetrators and female is victims. Sexual harassment, one of the sexual violence is forced sexual harassment. It is considered a color frame where each pixel has 3 color components such that RGB. The averaging the absolute difference between the current frame and te next frame is divided by the absolute difference between the current frame and the previous frame. If there was a difference between the frame pair before a scene change the discontinuity value indicating a scene change could be relatively small. Therefore, Thus, the use of the redefined equation and redefined algorithm can be seen as it is much more good via experiment.

• Journal of the Society of Disaster Information
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• v.10 no.2
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• pp.220-228
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• 2014

A stalking is becoming more diverse and the methods are developing over time as the society has changed over time due to the advancement of information technology but an initial countermeasure seems to be difficult as there is no sufficient legislations against such crimes as stalking. Our country passed laws regulating such stalking at 1999 and four more additional bills were proposed until the 18th National Assembly but they failed to become legalized. Two more additional bills were proposed during 19th National Assembly which are still pending. Crimes such as stalking violates and invades physical and psychological freedom of the victims and the crimes are severely inveterate and intentional. Advanced countries such as the United States, the Great Britain, Germany, and Japan enacted legislations that strictly regulates stalking and also appropriate responses. As these exemplary cases show, it is essential that our country also requires an effective legislations against crime of stalking and protecting a victim of the crime.

• Journal of the Korea Society of Computer and Information
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• v.27 no.7
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• pp.109-114
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• 2022

Recently, child abuse cases such as the "16-month death of adopted children" have occurred one after another in our society and have emerged as a serious social problem. Child abuse not only significantly violates children's human rights, but also leaves scars on the child's body and sometimes threatens their lives. As a result, laws related to child abuse have been revised several times and related systems have been reorganized to protect the affected children safely and grow healthy, but child abuse cases continue to occur. Therefore, it is urgent to come up with effective measures to prevent child abuse crimes and protect affected children. Therefore, this study examines the concept and related laws of child abuse, the current status of child abuse, and suggests countermeasures to effectively respond to child abuse compared to the US child abuse legislation and child protection system.

• Journal of the Korea Convergence Society
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• v.13 no.5
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• pp.187-193
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• 2022

Domestic violence in our society is where the abuser and the abuser live in the same space. Problems are left unresolved in families where abuse is reproducing. Domestic violence can be viewed as a crime that violates and tramples human rights. They rely solely on family support networks for solutions to domestic violence. The physical, emotional, and psychological pain and wounds that victims of domestic violence must endure are too deep. In order to help victims of domestic violence, case management services that can provide long-term and attentive help in the neighborhood or community are needed. For this, prevention and treatment of domestic violence should be considered together. And the interest and professional role of the community must follow.

• 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.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.143-174
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• 2019

Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution, and one of them is to prohibit the operation of multiple medical institutions. By the way, virtually multiple medical institutions could be opened and operated because the Supreme Court had interpreted that several medical institutions could be opened if medical activities were not performed directly at the additional medical institution which was opened under the another doctor's license. However, some health care providers opened the several medical institutions with another doctor's license for the purpose of the maximization of profit, and did illegal medical cares like the unfair luring of patients, over-treatment, and commission treatment. Also, realistic problems such as the infringed health rights have arisen. Accordingly, lawmakers had come to amend the Medical Law to readjust the system of opening for medical institution so that medical personnel could not open or operate more than one medical institution for any reason. For this reason, the Constitutional Court recently declared a constitutional decision through a long period of in-depth deliberation because the constitutional petition and the adjudication on the constitutionality of statutes had been filed on whether Article 33 paragraph 8 of the revised medical law is unconstitutional. The Constitutional Court acknowledged the "justice of purpose" in view of the importance of public medical institutions, of the prevention from seduction of for-profit patients and from over-treatment, and of the fact that health care should not be the object of commercial transactions. Given the risk that medical personnel might be subject to outside capital, the concern that the holder of the medical institution's opening certificate and the actual operator may be separated, the principle that the human body and life should not be just a means, and the current system's inability to identify over-treatment, it also acknowledged the 'minimum infringement'. Furthermore, The Constitutional Court judged it is constitutional in compliance with the principle of restricting fundamental rights, such as 'balance of legal interests'. In this regard, legislative complements are needed in order to effectively prevent the for-profit management and the over-treatment the Constitutional Court is concerned about. In this regard, consumer groups actively support the need for legislation, and health care providers groups also agree on the need for legislation. Therefore, the legislators should respect the recent Constitutional Court's decision and in the near future complete the complementary legislation to reflect the people's interests.

• The Korean Society of Law and Medicine
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• v.23 no.1
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• pp.149-176
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• 2022

South Korean law strictly prohibits engagement in medical activities by non-medical practitioners. In the country, tattooing is classified as a medical practice, and non-medical practitioners who engage in it are penalized because they are unauthorized to carry out this procedure. In reality, however, people rarely seek tattooing services from medical personnel. Arguing that their freedom of job selection is violated, non-medical personnel who make a living as tattoo artists reject the characterization of the procedure as a form of medical treatment and demand the decriminalization of tattooing by non-medical practitioners. Nevertheless, tattooing can cause health- and hygiene-related dangers when it is not performed by medical professionals because it involves penetration into the skin using needles. Hence, stringent management is necessary for infection prevention. The gap between reality and the law gives rise to the need for proactive thinking about the institutionalization of tattoo practice by non-medical personnel. Policymakers should reflect on the fact that only minimal tattooing services are currently performed by medical staff while also accounting for health and safety. On this basis, this study examined tattoo-related legislation in South Korea to determine whether the procedure corresponds to medical practice and identify ways to solve problems that occur from the perspective of health care. As a response that promotes safety and reflects reality, this research proposed a three-phase approach.