• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.107-152
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• 2020

During the main ruling in 2019, a number of rulings that were of interest or meaningful were handed down, such as just because the complication of medical practice has occurred, there is no presumption of negligence, a case involving a fall accident in which a lot of culpability has recently been made. the death of a well-known singer that caused a sensation, a case about damages caused by MERS in 2015, which is more meaningful in connection with damages caused by COVID-19, an infectious disease that has recently hit the world, including Korea. In preaching the principles of the law, just because there has been a complication caused by medical practice, there is no presumption of negligence, 'The scope of the complication without presumption of negligence' was determined differently by the court, the court was not able to specify the criteria. Specific circumstances were presented to limit the responsibility of the medical institution while acknowledging the malpractice of the medical institution in relation to the fall accident. In relation to the scope of damages, judgment was made on issues related to the calculation of lost profits of medical malpractice; criteria for determining celebrities' daily income, criteria for determining daily income in case of receiving survivor's pension due to medical accident, an incident in which the daily income is denied if the labor capacity is already lost at the time of a medical accident. But, it seems that judgments should be made based on clearer and more reasonable standards. Related to Medical Advertise, specific logic of judgment was presented as to whether it was interpreted as being in accordance with the specific prohibition listed in Article 27 paragraph 3 of the Medical Law, which is the criterion for violation of the Medical Law, or if it constitutes a significant harm to the order of the medical market. In response to the prohibition of operating the multiple medical institutions, the Constitutional Court decided that it was constitutional because it did not violate the regulations on excessive funding, and rationally limited the scope of the prohibited 'redundant operation'. The Supreme Court ruled for the first time that even a medical institution established and operated in violation of the Medical Service Act did not make it impossible to receive all medical care benefits implemented by a medical institution under the National Health Insurance Act. Significant rulings were finalized that recognized the existence of specific protection obligations for the people of the country in the management of infectious diseases.

• 대한예방의학회:학술대회논문집
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• 2001.04a
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• pp.50-72
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• 2001

국민건강 수준과 문제점의 파악, 보건사업의 기획 및 평가를 위해 정확한 출생과 사망에 관한 통계자료가 필수적이다. 그러나 출생신고 이전에 신생아가 사망하는 경우에 대부분 출생과 사망 모두를 신고하지 않아 영아사망률을 비롯한 보건통계를 산출하지 못하여 합리적인 보건사업의 기획 및 평가가 어려우며, OECD 회원국으로서 제시해야 할 기본적인 보건통계를 제시하지 못하고 있다. 또한 현행 출생신고자료에는 신생아와 산모의 건강상태에 관한 자료가 없어 보건서비스제공과 모자보건관련 역학적 연구에 활용 가치가 거의 없다. 지역보건의료정보화, 예방접종기록전산화, 미숙아 및 선천성기형아 등록 등 각종 등록 및 전산화사업이 진행중이나 이러한 사업들이 독립적으로 진행되고 있어 같거나 비슷한 자료의 중복 입력하게 되고, 상호 연계가 되지 않아 자료의 활용성이 낮고, 그 어느 사업도 전체 분모를 파악할 수 없는 단점이 있다. 이러한 문제들은 전산정보체계의 확립으로 해결할 수 있다. 약 99%의 분만이 의료기관에서 일어나고, 정부의 초고속 통신망을 비롯한 의료기관과 보건소의 전산화가 빠르게 진행되고 있어 전산정보체계를 위한 여건이 성숙되고 있다. 분만의료기관이 산모의 거주지 보건소로 직접 출생신고를 하면 보건소는 적기에 산모와 신생아에게 필요한 보건서비스를 제공할 수 있고, 보건소가 읍 면 동사무소로 출생신고 자료를 전송하면 산모는 동사무소에 가지 않고도 출생신고를 할 수 있으며, 보건통계자료수집과 출생신고관리에 필요한 인력과 시간을 절약할 수 있고, 정확한 생정통계를 얻을 수 있고, 예방접종기록과 미숙아 및 선천성기형아 등록은 쉽게 해결되고, 완전한 보건사업대상자의 database를 구축할 수 있어 평생건강관리체계의 기틀을 마련하게 된다. 이러한 전산신고체계를 확립하기 위하여 연자 등은 정부의 연구용역사업으로 전산프로그램과 표준신고양식과 신고체계를 개발하여, 포항과 천안시에서 2000년 3월에서 8월까지 시험 운영하였다. 시험운영결과 출생신고율은 99.9%이었으나 신생아사망의 전산신고율은 11.1%로 낮았다. 그러나 일단 출생신고된 신생아의 사망은 반드시 확인될 수 있는 것이 본 신고체계의 큰 장점이었다. 전산신고의 중요한 장애 요소는 현행법상 의료기관이 출생신고를 직접 할 의무가 없으므로 신고를 강요할 수 없고, 의료기관의 일손 부족으로 출생신고서를 충실하게 기재하지 못하는 것과 의료기관간의 전산화 수준의 차이가 심한 것이었다. 의료기관이 직접 신고를 하도록 하기 위하여 모자보건법 등 관련법 개정이 필요하며, 의료기관의 출생신고자료 송부에 대한 정당한 보상이 있어야 할 것이다. 의료기관 간의 전산화 수준의 차이는 data warehousing과 on-line analytical processing과 같은 기술을 이용하면 해결 가능할 것이다.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.281-313
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• 2016

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 In the past, there was a provision stipulating the same purpose. But because the Supreme Court interpreted that several medical institutions could be opened if the medical treatment was not made at the additional medical instition which was opened in the another doctor,s license, multiple medical institutions could be opened and operated. However, some health care providers opened the several medical institutions to another doctor's license just by the excuse of the business management and then did illegal medical cares like the unfair luring of patients, overtreatment, and commition treatment for more profits. So, the health rights of the people came to be infringed on. Accordingly, lawmakers amended the Medical Law for medical personnel not to open and to operate more than one medical institution. As the amended medical law prohibited a medical personnel to open multiple medical institution, some medical personnels insisted that the amended medical law is unconstitutional under which they could not be able to open and operate medical institutions on based on free investment and bring out the benefits of network hospitals. But the regulation to prohibit multiple institutions does not apply only to a medical personnel. Many other experts like lawyer and pharmacist can open only one office under such a restriction. If the regulation goes out of force, the procedure that multiple medical institutions should be opened and operated in the capacity as a medical corporation or a non-profit corporation does not have to be followed. And we should keep in mind that the permission for medical personels to open multiple medical institutions could lead virtually to commercial hospital. If in the nation with a very low rate of public medical service, If only a few medical personnels with capital own many medical institutions and operate commercially them, this could cause a falling-off in quality of medical service, ultimately infringe on the health rights and the life right of the people.

• 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.

• Korean Journal of Social Welfare
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• v.35
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• pp.107-131
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• 1998

This study tried to formulate and operate an interdisciplinary case management team in Eun-Pyung Gu, Seoul. This was a part of an effort to promote efficiency of service delivery system for low-income elderly or the handicapped by linking. coordinating. and integrating various health and human services providers. In-depth qualitative analysis described the process of which the interdisciplinary case management team was formed, along with the process of the team operation. The interdisciplinary team consisted of home helpers, visiting nurses, and social workers from Health Center and Social Welfare Centers. Issues dealt with by the team include: 1) information exchange of clients' social, economic, and medical situations; 2) identification of types of service provision to clients; 3) clients' needs assessment and its prioritization; 4) assignment of a leading case manager for each case; 5) identification of problems and issues regarding integration of service delivery system The team approach to case management contributed to the systematic delivery of services to the elderly and the handicapped by avoiding service duplication and fragmentation. This study argued that public agency played a key role in constituting and operating the interdisciplinary case management team Suggestions for further studies were presented.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.211-233
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• 2019

The 「Health Care Workforce Support Act」 was came into effect on 29 October 2019. Health care workforce is the most important national health resource, and the quantity and quality of them is also related to the level of national health care. This study examined the background and major contents of this Act and suggested future improvement by analyzing main issues. Th e Act was enacted to support the health care workforce for their recruitment and better working environment. By stipulating the establishment of the master plan, management of the supply and demand, improvement of working environment for health care workforce, the act contributed to raise the quality of health service and health promotion. Given that the act was developed in consideration to support of health care workers, it has many meanings. However, it is necessary to reexamine the above-mentioned five issues in order to develop the effective law while utilizing the significance of the law for health care workforce support and has to revise as soon as possible.

• Journal of agricultural medicine and community health
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• v.35 no.2
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• pp.111-123
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• 2010

Objectives: The purpose of the present study is to examine the effects of the Field Management Training Program for home care services personnel on their understanding and professional competences. Methods: The subjects were 373 team managers of public home care services who participated in the training program. Data was collected with a self-administered questionnaire in April and September, 2007. The subjects' level of understanding of home care was measured by 35 questions divided into 8 categories while their professional competence was measured by 15 questions divided into 5 categories. Result: After attending the training, the subjects' understanding improved from 20.90 points (possible range: 4~32) to 26.11 points. The most improvement was evident in the Planning and Public Health Education categories. Their professional competences improved from 10.81 points (possible range: 4~16) to 12.51 points. The improvement of their understanding and professional competences differed across to training places. It was also evident that an increase in understanding brought about an increase in professional competence. Conclusion: The Field Management Training Program needs to be continued with efforts to reduce the differences of training effects between training places. And additional recommendations should be made through further evaluation of subsequent training programs.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.10 no.5
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• pp.1126-1132
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• 2009

We carried out this study to reduce the gaps between medical institutes and between medical personnels and help to improve medical service quality, by classifying diagnoses and related intervention through the development of standard nursing intervention and by computerizing protocols. We considered two processes: one is the development process of home nursing standard intervention, and the other is the process of computerizing its related protocols. For the former, research covered analysis of home health care practices, development of client assessment protocol, of patients diagnosis protocols, and of patients intervention protocol. For the latter, strategies for home health care information systems should be set up and it constituted four research contents of analysis, design, management and evaluation of the systems. We also trained and educated home nurses who work at home health service center, by making them use the manual of home health care information systems at a certain city of P. In this study, therefore, we developed elements of standard home health care mediation so that they could be included in the forms of home health information note, home health progress note, and home health progress summary, home health discharge summary. Because standard home health care intervention has been developed, it became easier to exchange information between different home heath service center offices, can prevent from missing or redundant information, and contribute to standardization of hospital terminologies when EMR and HMR are developed.

• Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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• v.38 no.6
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• pp.599-610
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• 2020

The AED (Automated External Defibrillator) is not evaluated for spatial accuracy and temporal availability even if it is located within a building or a specific area that needed necessary to partition by spatial analysis and location allocation analysis. As a result of the analysis, the spatial analysis was performed using the existing public data of AED with applied the GIS location analysis method. A public institution (119 safety center, police box) was selected as a candidate for a public AED base that can operate 24 hours a day, 365 days a year according to the characteristics of each residential area. In addition, Thiessen Polygons were created for each candidate site and divided by regions. In the analysis of the service was analyzed regional in terms of accessibility to emergency medical services in consideration of the characteristics of AED, that emergency vehicles could arrive within 4 minutes of the time required for emergency medical treatment in most areas of the study area, but it did not areas outside of the city center. As a result, It was found that the operation of the AED base service center centered on vehicles of public institutions is effective for responding to AED patients at night and weekend hours. 19 Safety Center under and police box the jurisdiction of Daegu City to establish an AED service center for public institutions, location-based distance, attribute analysis, and minimization of overlapping areas that the method of using a vehicle appeared more efficient than using the existing walking type AED.