• Title/Summary/Keyword: 의료기관 다중 운영

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The Unconstitutionality of Banning Operation of Multiple Medical Institutions by Health Care Providers - Focusing on Article 87 Section 1 Clause 2 and Article 33 Section 8 - (의료인의 의료기관 다중운영 금지 조항의 위헌성 - 의료법 제87조 제1항 제2호, 제33조 제8항을 중심으로 -)

  • Kim, Sun Wook;Jeong, Hye Seung
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.295-326
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    • 2015
  • Under the revision of medical law on February 1, 2012, health care providers are banned from opening 2 or more medical institutions and being involved in managing the institutions. However, purpose of the legislation of the revised law is unclear and even confirmation of such purpose of the legislation based on the calculation of multiple legislative backgrounds cannot be appropriate means of achieving such purposes. This article confirms and reviews the development of revision of medical law and history of the principle of 'one person-one medical institution', and legislative purpose of the revised medical law as well as examines unconstitutionality of such revision based on limited fundamental rights by the revision, principle of clarity, and principle of the prohibition of excessive restriction.

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Review of 2018 Major Medical Decisions (II) (2018년 주요 의료판결 분석 (II))

  • Lee, Dong Pil;Lee, Jung Sun;Yoo, Hyun Jung;Park, Tae Shin;Jeong, Hye Seung;Park, Noh Min
    • The Korean Society of Law and Medicine
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    • v.20 no.2
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    • pp.231-260
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    • 2019
  • Following the last issue, we summarized the major medical judgments in 2018. Especially, efforts have been made to introduce as many judgments as they relate to the obligation to explain. This is because the limits of the court's judgments were so diverse that it was unknown. Regarding the extent of damages, attention should also be paid to cases where the cost of care is recognized as a large amount, and cases where the memorandum is effective for the increased cost of treatment. The rulings related to the payment and deduction of medical expenses were the most discussed, although the description was small. The case of multi-institutional operation of medical institutions is an interim decision, but it is a case of interest in the medical community, and regarding uninsured medical expenses, cases of discretionary abuse have been reduced compared to the past, but are still significant.

Review of 2016 Major Medical Decisions (2016년 주요 의료판결 분석)

  • Park, Tae Shin;Yoo, Hyun Jung;Jeong, Hye Seung;Lee, Dong Pil;Lee, Jung Sun
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.297-341
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    • 2017
  • We searched out court rulings on medical affairs through court library search sites and specialized articles on medically relevant judgments sentenced in 2016. And we selected and analyzed the judgements of the court we considered important as follows. In relation to the medical civil judgements, (1) In the case of applying surgery for female infertility during cesarean section operation but it has not been done, we expressed the regret for the lack of judgment in the process of entering the medical contract, introducing the rights infringed and the scope of compensation, (2) We pointed out that the ruling on the medical malpractice estimation goes out of limit of negligence estimation doctrine, and that the court asked very high degree duty of the traditional Korean medicine doctors to cooperate with Western medicine doctors. (3) In the case of admitting hospital's 100% responsibility, we pointed out the court overlooked the uncertainty and good intention of the medical practice. (4) Additionally, We introduced the cases admitted the hospital's responsibility in the accident related to the psychiatric patients in closed ward. Relating to a medical criminal ruling, we analyzed the supreme court decision about whether the dentist's Botox injection on the patient's face is a medical practice within the scope of the license from the viewpoint whether it is within the possible range of the word. And, concerning decisions on healthcare administration, (1) we analyzed the case about when medical personnel operate multiple medical institutions, whether it is possible to get back medical care costs under the National Health Insurance Law, (2) We commented on the ruling regarding explanation obligation in terms of object, degree, subject of explanation as a prerequisite for permissible arbitrary uninsured benefits. Finally, we reviewed the decision of the Constitutional Court about the Article 24 of the Mental Health Law, which it had allowed for a mental patient to be hospitalized forcibly by the consent of two guardians and a diagnosis of a psychiatrist. Also we indicated the problems of the revised Mental Health Law.

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A Study on the Legal Policy Problems and Countermeasures about Conflicts of Interest (연구 관련 이해상충에 대한 법정책적 문제와 대응방안에 관한 연구)

  • KIM, EUNAE
    • The Korean Society of Law and Medicine
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    • v.19 no.1
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    • pp.165-206
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    • 2018
  • Researchers, Institutional Bioethics Committee(IBC)/Institutional Review Board (IRB) members, Research Institutions that have multiple interests in relation to research should ensure that conflicts of interest(COI) do not arise in making professional judgments. In other words, according to the role that must be performed or the obligation to fulfill it, the primary interest, which must be considered or should be prioritized, should not be affected by the secondary interest. Therefore, standards and methods should be prepared so as to prevent and solve the problems of COI that have arisen, and the basic matters on standards and methods should be clearly defined in terms of the law and policy so that all parties such as Researchers can understand and follow them. In order to establish a more realistic legal policy, it is necessary to grasp the current situation. Therefore, I have reviewed results of the questionnaire survey and interview conducted for the administrative staff of IBC/IRB to confirm their opinions on legal policy problems related to COI and countermeasures for resolving them. Also, I have reviewed the main contents of issued by the US Department of Health and Human Services in order to assist in the preparation of domestic legal policy about conflicts of interest. Finally, I have analyzed the present state of domestic legal policy in relation to the Researcher's COI, the IBC/IRB member's COI, and Institutional COI and suggested way to improve it.

A Study on the Health Information Management Practice Program Model for EMR Certification System Education -Focus on Patient Information Management- (EMR 인증제 교육을 위한 보건의료정보관리 실습 프로그램 모델 연구 -환자정보관리 중심-)

  • Choi, Joon-Young
    • Journal of the Health Care and Life Science
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    • v.9 no.1
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    • pp.1-9
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    • 2021
  • In this study, a model in which certification standards were added to the health information management practice program was studied and presented in order to understand the EMR certification standards implemented by the Korea Health and Medical Information Service. In the practice program, the certification standard function for patient information management was added to the health information management education system to practice and understand patient information management that corresponds to the functional standard of the EMR certification system. The EMR certification standard practice program for patient information management is composed of the following certification standards. registration number and personal information management, treatment reservation schedule management, personal information revision history management, identification of people with the same name, integrated management of multiple registration numbers, patient search by identification information, patient search by health care type, surgical procedure consent record and inquiry, record/inquiry of consent form for personal information use, display of life-sustaining medical decision information, registration/inquiry of external medical institution documents, registration and inquiry of external examination results. In this way, by operating and practicing the functions of the health information system according to the certification standards, it is possible to understand and practice the certification standards and details of patient information management in the functional area of the certification standards. In addition, since the function of the EMR certification standard can be checked, it will be possible to improve the management ability of the electronic medical record system of the health information manager in the medical institution.

Factors That Affect the Level of Emotional Labor in Dental Hygienists (치과위생사의 감정노동 영향요인 연구)

  • Choi, Hye-Jeong;Bang, Hyo-Jung;Chung, Eun-Young;Seo, Young-Jun
    • Journal of dental hygiene science
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    • v.14 no.3
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    • pp.295-301
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    • 2014
  • This research purports to find out the factors that affect the level of emotional labor in dental hygienists. Data were collected from 204 dental hygienists working at 5 university hospitals and 55 dental clinics through self-administered questionnaire, and analyzed by statistical analysis using t-test, ANOVA, and regression analysis. The main findings of the study are as follows: First, the higher the educational level of dental hygienists, and the bigger the size of dental institutions they work, the higher the level of emotional labor of dental hygienists. Second, patient and environmental factors were found to have significant effects on the level of emotional labor. The above results imply that managers should try to make the workplace better environment which can secure appropriate workload and rewards, and support for work related education programs etc. It is also needed to educate the patients in order to prevent unnecessary conflicts between the patients and dental hygienists.

Factors Affecting Suicidal Ideation by Medical Institutions Users - Focusing on elderly people with chronic diseases (일 의료기관 이용자의 자살생각 영향요인 - 만성질환 노인을 중심으로)

  • Lim, Gyeong-Tae
    • The Journal of the Korea Contents Association
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    • v.19 no.6
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    • pp.644-654
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    • 2019
  • The purpose of this study was to investigate the effects of depression, self-esteem and daily life ability on suicidal ideation in elderly people with chronic illness. The subjects were 170 outpatients and inpatients in a general hospital in D city. After conducting questionnaires for data collection, t-test, ANOVA and multiple regression analysis were performed and analyzed using SPSS 12.0 / win program. The results showed that suicidal ideation was influenced by gender, health status, chronic disease diagnosis, and experience of suicide attempt, with a positive correlation with depression and a negative correlation with daily life ability. The suicide attempt experience, depression, self-esteem and daily living ability showed 50.8% explanatory power against suicidal ideation. In order to reduce suicidal ideation, it is necessary to reduce suicidal ideation of elderly people with chronic diseases by managing an intervention program that reduces depression and improves daily life ability.

Time Series Analysis on Outcomes of Tuberculosis Control and Prevention Program between Small Areas in Korea - with Patient Registry Data of 234 City.County.District Public Health Centers - (소규모 지역간 결핵관리사업 성과에 대한 시계열분석 - 전국 234개 시.군.구 보건소의 환자등록자료를 중심으로 -)

  • Kim, Chun-Bae;Choe, Heon;Shin, Kye-Chul;Park, Jong-Ku;Ham, Soo-Keun;Kim, Eun-Mi
    • Tuberculosis and Respiratory Diseases
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    • v.48 no.6
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    • pp.837-852
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    • 2000
  • Backgrounds : Today, tuberculosis cannot only be cured medically, but also controlled by public health. Despite the overall worldwide decline in tuberculosis, the disease continues to be a significant problem among developing countries and in the slums of large cities in some industrialized countries. Particularly, this communicable disease has come into the public health spotlight because of its resurgence in the 1990's. our country has been operating the Korean National Tuberculosis Control Program since 1962, focusing around public health centers. Therefore, this study aims to compare the effectiveness of tuberculosis control activities, one of the major public health activities in Korea, by producing indexes, such as the yearly registration rate per 100,000 population and treatment compliance of tuberculosis on in small areas (communities). Methods : This work was accomplished by constructing a time-series analytic model using data from "1980~2000: the Yearly Statistical Report" with patient registry data of 234 City. County. District public health centers and by identifying the factors influencing the tuberculosis indexes. Results : The trends of pulmonary tuberculosis positive point prevalence and pulmonary tuberculosis negative point prevalence on X-ray screening have declined steadily, beginning in 1981 and continuing to 1998 by region (city, county, district). Although the tuberculosis mortality rate steadily shows a declining trend by year and region, but Korea still ranks first among 29 OECD countries in 1998, with a tuberculosis mortality rate of 7.1 per 100,000 persons, according to the time-series analysis for fatal diseases. Conclusion : The results of the study will form the fundamental basis of future regional health care planning and the Korean Tuberculosis Surveillance System on 2000. Since the implementation of local autonomy through the Local Health Act of 1995, it has now become vita1 for each city, county, district public health centers to determine its own priorities for relevant health care management, including budget allocation and program goals.

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