• Title/Summary/Keyword: 의사면허

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Der Begriff der Heilkundeausübung nach deutschem Medizinrecht (독일법상 의료행위 개념)

  • Seok-Bae Lee
    • The Korean Society of Law and Medicine
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    • v.24 no.2
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    • pp.3-31
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    • 2023
  • Der Begriff der Heilkundeausübung ist im positiven Recht in Korea nirgends festgelegt. Der wurde jedoch indirekt durch die Auslegung der Heilkundeausübung ohne Erlaubnis gemäß § 27 Abs. 1 des "Medizingesetzes" geregelt. In der Vergangenheit beschränkte der kOGH(the Supreme Court of Korea) die Heilkundeausübung auf die "Behandlung von Krankheiten und stellte fest, dass "medizinische und technische Maßnahmen, die keine pathologischen Symptome oder Funktionsdefizite im Körper voraussetzen, nicht zur Heilkundeausübung gehören." Danach änderte der kOGH seine Rechtsprechung auf "Vorbeugung oder Behandlung von Krankheiten durch Durchführung ärztlicher Untersuchungen, Optometrie, Verschreibung, Medikation oder chirurgischer Eingriffe auf der Grundlage von Erfahrung und Fähigkeiten, die auf medizinischem Fachwissen basieren, und anderer Gesundheitsfürsorge, definiert "medizinische Maßnahmen" als "eine Handlung, die eine gesundheitliche Gefahr darstellen kann, sofern diese nicht von einem Mediziner durchgeführt wird". Der Begriff der Heilkundeausübung in der Rechtsprechung ist einerseits zu abstrakt und kann eine Leerformel sein, andererseits kann seine Einschränkung eine Gefahr für die öffentliche Gesundheit erbringen. Daher besteht Bedarf an einem Kriterium, das dar derzeitige Begriff der Heilkundeausübung entsprechend dem gesetzgeberischen Ziel reduzieren kann, das Risiko für das Leben, den Körper oder die öffentliche Gesundheit von Menschen zu verhindern, das durch die Durchführung medizinischer Arbeiten durch nichtmedizinisches Personal entstehen kann. Um ein Kriterium vorzustellen, das das aktuelle Konzept der Heilkundeausübung reduzieren kann, werden in diesem Artikel das positive Recht, Theorien und Rechtsprechung zum Begriff der Heilkundeausübung in Deutschland untersucht und nach einer Alternative gesucht.

A SURVEY ON THE USE OF COMPOSITE RESIN IN CLASS II RESTORATION IN KOREA (2급 와동 수복 시 한국 치과 지사들의 복합레진 사용 실태 연구)

  • Shin, Dong-Ho;Park, Se-Eun;Yang, In-Seok;Chang, Ju-Hea;Lee, In-Bog;Cho, Byeong-Hoon;Son, Ho-Hyun
    • Restorative Dentistry and Endodontics
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    • v.34 no.2
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    • pp.87-94
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    • 2009
  • The purpose of this study was to assess the current materials, methods and difficulties according to the year of licence and educational background of Korean dentists in Class II direct composite resin restorations. Total 17 questions were included in the questionnaire. Questions were broadly divided into two parts: first. operator's information. and second. the materials and methods used in Class II posterior composite restoration. The questionnaire was sent to dentists enrolled in Korean Dental Association via e-mail. Total 12,193 e-mails were distributed to dentists. 2,612 e-mails were opened, and 840 mails (32.2%) were received from respondents. The data was statically analyzed by chi-square test using SPSS(v. 12.0.1, SPSS Inc. Chicago, IL, USA). Male dentists among respondents was 79%. 60.3% of the respondents acquired their licences recently (1998-2007), and 77% practiced in private offices. 83.4% have acquired their knowledge through school lectures, conferences and seminars. For the Class II restorations, gold inlays were preferred by 65.7% of respondents, while direct composite resin restorations were used by 12.1 % amalgam users were only 4.4% of respondents. For the restorative technique, 74.4% of respondents didn't use rubber dam as needed. For the matrix. mylar strip (53.4%), metal matrix (33.8%) and Palodent system (6.5%) were used. 99.6% of respondents restored the Class II cavity by incremental layering. Obtaining of the tight interproximal contact was considered as the most difficult procedure (57.2%) followed by field isolation (21 %). Among various bonding systems, 22.6% of respondents preferred SE Bond and 20.2% used Single Bond. Z-250 was used most frequently among a variety of composite resins.

Questionnaire Survey on the Status of On-Board Communication and Maritime English Education, and Introduction of Oral Test (선내의사소통 현황, 해사영어교육 및 구술시험도입에 관한 조사·분석)

  • Park, Jin-Soo;Kim, Jeong-Ho
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2018.11a
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    • pp.280-282
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    • 2018
  • 이 연구는 우리나라 해기사의 선상 의사소통 능력을 제고하기 위한 방안과 정책을 제안함으로서 국내 해기인력의 일자리 창출 및 해양사고 예방에 기여하는 것이 목적이며, 선상 의사소통 능력의 제고를 위하여 해사 직무영어 교육용 교재의 개발 계획, 온 오프라인용 컨텐츠 개발 보급 계획, 해사 영어능력의 다면 평가 및 인증을 위한 해사영어 구술시험 개발 및 시행 계획 및 해기사 면허시험의 영어구술평가의 도입 방안 등의 기본계획과 그 표본을 개발하고자 하는 것이다. 이와 같은 연구의 필요성을 식별하기 위하여 해기사 양성교육기관의 재학생과 교원, 승선 중인 해기사와 육상 근무 중인 해기사 등을 대상으로 선내의사소통 현황, 해사영어교육에 대한 현황과 개선 방향, 해사영어 교육과 평가방안 등에 관한 설문조사를 실시하여 분석한 결과의 요약이다.

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Study on Legal Issues and Scope of Medical Technologist's Practice (임상병리사 업무 범위와 법률적 고찰)

  • Shim, Moon-Jung;Koo, Bon-Kyeong;Park, Chang-Eun
    • Korean Journal of Clinical Laboratory Science
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    • v.49 no.2
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    • pp.55-68
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    • 2017
  • In recent years, medical practice has seen a drastic change due to the rapid, exponential expansion of scientific and medical technologies. Specially, the role of medical technologists (also known as medical laboratory scientists and/or clinical laboratory scientists) are increasing in the development of science of medical technology. As such, their responsibility has also been increasing. Therefore, given their highly specialized knowledge and skills, they are not regarded solely as doctor's assistants. Their independence and deeper specialization have been increasing, as they perform medial practices under the guidance of doctors or dentists pursuant to the "Act on Medical Service Technologists." From a legal point of view, medical guidance and scope of work were examined. As a conclusion, the definition of doctor's superintendency on the "Act on Medical Service Technologists" is required, and the qualification for the Korean license examination and their roles should be stated clearly. Moreover, communications among health professions regarding the roles of medical technologists are necessary to further facilitate clarification of their role. There is a need for independent legislation to expand the field of medical technologists and to strengthen their professionalism.

The Effects and Challenges of Clinical Skills Assessment in the Korean Medical License Examination (의사면허 실기시험 제도의 성과와 과제)

  • Kim, Jong Hoon
    • Korean Medical Education Review
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    • v.15 no.3
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    • pp.136-143
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    • 2013
  • Clinical skills assessment was recently introduced to the Korean Medical License Examination to test medical school graduates' competencies in clinical skills. Various measures, including research and rehearsals, had been undertaken to prepare for the assessment for several years before the clinical skills assessment was first implemented. The assessment has been repeated annually for about 3,500 examinees over the course of 50 days per year for the past 4 years. The introduction of the assessment had significant effects on education in Korea's medical schools. Many schools have established clinical skills labs and the teaching of clinical skills has also been strengthened. The residents who have taken the clinical skills exam now express more confidence in caring for patients. To improve the quality of the assessment, it should be performed on a year-round schedule and a pilot test and various forms of the items should be introduced.

Study of the Effect of Incentive Policies on the Intention to Return the Driver's Licenses of Elderly Drivers (고령운전자의 운전면허증 반납 의사에 인센티브 정책이 미치는 영향 연구)

  • Kim, Joo Young;Jung, Hun Young
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.42 no.2
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    • pp.219-227
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    • 2022
  • In Korea, as the aging phenomenon accelerates, the problem of traffic accidents related to the elderly is continuously emerging. Efforts to improve this are being implemented, but unfortunately the results of these effects are not clear. Therefore, in this study, the effect of traffic characteristics and incentive policies on the return of driver's licenses of elderly drivers was reviewed. As a result of the analysis, it was confirmed that the intention to return the driver's license was low in the case of men, older people, those with low dependence on public transportation, those who undertook long driving hours, and those who took frequent trips. On the other hand, financial incentives were found to play a positive role with regard to the intention to return the driver's license. However, the effect is expected to be insignificant for those with a low intention to return the driver's license. As a result, under the current policy, it is predicted that there is a limit to improving the social problems caused by elderly drivers, meaning that it is necessary to review approaches that induce the return of their driver's licenses.

Criminal Liabilities of Ghost Surgery (유령수술행위의 형사책임 - 미용성형수술을 중심으로 -)

  • Hwang, Manseong
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.27-53
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    • 2015
  • Recently, a plastic surgery hospital in Seoul, has been raided following suspicions that ghost surgery was performed by an unauthorized substitute surgeon on a chinese woman who lapsed into a death. Following the incident, an organization to eradicate ghost surgery was created in March by Consumers Korea, founded to protect consumer rights, and the Korea Alliance of Patients Organization. The organization has received reports of illegal medical practices. To substitute another physician without the patient's consent and without his knowledge of the substitution is fraud and deceit and a violation of a basic ethical concept. The patient as a human being is entitled to choose his own physician and he should be permitted to acquiesce in or refuse to accept the substitution. It should be noted that it is the operating surgeon to whom the patient grants his consent to perform the operation. The patient is entitled to the services of the particular surgeon with whom he contracts. The surgeon, in accepting the patient, obligates himself to utilize his personal talents in the performance of the operation to the extent required by the agreement creating the physician-patient relationship. He cannot properly delegate to another the duties which the patient authorizes him to perform personally. 'Ghost surgery' comes under Article 257(Inflicting Bodily Injury on Other or on Lineal Ascendant) of the Criminal Code. Substitution another physician without the patient's consent and without his knowledge of the substitution shall be performed Inflicting Bodily Injury. This is a controversial issue that'ghost surgery' comes under Article 347(Fraud) of the Criminal Code. It maybe controversial that operation substituted by another physician without the patient's consent and without his knowledge of the substitution becomes the component of Fraud. Also, Ghost surgery' comes under Article 27 (Prohibition of Unlicensed Medical Practice, etc.), Article 22 (Medical Records, etc.), Article 33 (Establishment) of the Medical Service Act. The surgeon's obligation to the patient requires him to perform the surgical operation: (1) within the scope of authority granted him by the consent to the operation; (2) in accordance with the terms of the contractual relationship; (3) with complete disclosure of all facts relevant to the need and the performance of the operation; and (4) to utilize his best skill in performing the operation.

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Major Reforms and Issues of the Medical Licensing Examination Systems in Korea (의사면허 필기시험 제도의 성과와 과제)

  • Baik, Sang-Ho
    • Korean Medical Education Review
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    • v.15 no.3
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    • pp.125-135
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    • 2013
  • Since the establishment of the national medical licensing examination board in 1992, the medical licensing examination system has changed enormously and this has had a number of impacts on examination services. All those reforms were aimed at improving the relevance and reliability of the test. Several attempts of the testing system have appeared in the new examination service, and which have also brought about the changes in the medical school curriculum such as introducing integrated courses instead of traditional subjects, using test scores as a reference to the post-graduation selection test. Some examples of changes in the examination system are as follows: 1) choosing three integrated test subjects and outlines of their reference content instead of 15 academic subjects, 2) adjusting the ratio of multiple choice question items to focus more on the problem solving level, 3) introduction of 'one-best answer' single set and 'extended matching type items, 4) item construction based on real clinical cases and real clinical materials. Recently, a clinical skill test system has been introduced to measure examinees' basic clinical skills competencies. Despite continuing efforts, the examination system still has many issues remaining to be solved. These problems include the differential weighting of test items, appropriate threshold for passing, and practicality of pre-testing to stabilize the passing rate and avoid the hazards of newness and undesirably difficult test items.

A Study of the Education and Licensure System of California Regarding East Asian Medicine and Acupuncture (캘리포니아 침구 및 동양의학 교육과 면허관리 체계 연구)

  • Hong, Jiseong;Han, Raeun;Han, Changhyun;Kang, Yeonseok
    • The Journal of Korean Medical History
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    • v.30 no.1
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    • pp.43-50
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    • 2017
  • In the United States, California is well known for its rigorous education and licensing system regarding East Asian Medicine and acupuncture. As in most other states in America, the State government controls the practice of acupuncture, massage, acupressure therapy, food therapy, and natural therapy using a board established to set, maintain, and uphold licensing credentials for acupuncturists and practitioners of East Asian medicine. In California the system started in the 1970s when the State Legislature passed a bill to measure competency, and license acupuncturists. This study briefly describes the California Acupuncture Board (CAB), which is authorized to control the related education, examination, continuing education, and management of licenses already awarded. This study addresses the essential and minimum educational requirement established by the CAB for licensure, that is mandate classroom lecture with additional 950 hours clinic training, and the 50 hours of continuing education credits earned every two years, for maintaining the license.

An inquiry into Institutionalization of Eye-Examiner in Korean Ophthalmic Clinics - Focusing on a Survey of Orthoptist Systems in Japan and English-Speaking World - (한국 안과병원의 검안전담인력 제도화에 관한 고찰 - 일본의 시능훈련사 제도와 영어권 국가의 Orthoptist 제도에 대한 조사를 중심으로 -)

  • Lee, Hyun Min;Jung, Seok Hun;Kim, Dal-Young
    • Journal of Korean Ophthalmic Optics Society
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    • v.14 no.1
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    • pp.87-95
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    • 2009
  • Purpose: The aim of this study is to reveal necessity of orthoptist system in Korea, by comparative analysis between the orthoptist system of developed countries and the present condition in Korean ophthalmic clinics. Methods: Choosing 4 developed countries, we surveyed their education systems, license requirements and process, and service coverage. An inquiry into desirable Korean orthoptist system was added on the basis of the comparative survey. Results: The developed countries have systems in which professional orthoptists, who have got their licenses after official education, do the eye examination under the supervision of ophthalmologists. On the other hand in Korea, a problem is revealed that opticians play a role of eye-examiner in the ophthalmic clinics without any institutional support. Conclusions: The legalistic basis is quite needed in Korea that permit optometry graduates to be eye-examiners in the ophthalmic clinics, by introducing the orthoptist system.

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