• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.163-207
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• 2020

Korea has been positioned as the leading country in the industry of clinical trials as the clinical trail of Korea has developed for the recent 10 years. Clinical trial has plays a significant role in the development of medicine and the increase of curability. However, it has inevitable risk as the purpose of the clinical trial is to prove the safety and effectiveness of new drugs. Therefore, the clinical trial should be controlled properly to protect the health of the subjects of clinical trial and to ensure that they exercise a right of self-determination. In this context, the fiduciary duties of doctors who conduct clinical trials is especially important. The Pharmaceutical Affairs Act and the relevant regulations define several duties of doctors who conduct clinical trials. In particular, the duty to protection of subjects and the duty to provide information constitute the main fiduciary duties to the subjects. Those are essentially similar to the fiduciary duties of doctors in usual treatment from the perspective of the values promoted by the law and the content of the law. Nonetheless, clinical trials put more emphasis on the duties to provide explanation than in usual treatment. Further research and study are required to establish the concrete standard for the duty of care. However, if the blind pursuit of higher standards for the duty of care or to pass the burden of proof to doctors may result in disrupting the development of clinical trials, limiting the accessibility of patients to new treatment and even violating the principle of sharing damage equally and properly. In addition to these duties, the laws of clinical trials define several duties of doctors. Any decision on whether the violation of the law constitutes the violation of the fiduciary duty and justifies the demand for compensation of damages should be based on whether relevant law aims to protect the safety and benefit of subjects, even if in an incidental way, the degree to which such violation breaches the values promoted by the law and the concrete of violation of benefit of law, the detailed acts of such violation. The legal interests of the subjects can be protected effectively by guaranteeing compliance with those duties and establishing judicial and administrative controls to ensure that the benefit of subjects are protected properly in individual cases.

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.41-72
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• 2018

In the division of labor (or teamwork) in medicine, the responsibility of medical and nursing staff should be separated or distributed to justify negligent criminal offenses. The present work refers to the standards by which the due diligence and responsibility of the individual persons are to be determined and delimited. In this context, it has been proven that objective theory as a measure of due diligence is appropriate. From a moral point of view, when assessing due diligence, it makes sense to impose greater individual or higher performance demands on the perpetrator, but law and order require that due diligence should result from socially relevant human behavior. To give objective measure of negligence and to provide the highest level of personal responsibility, so that man can not be burdened too much responsibility and it is accordingly with an equality theorem. Afterwards some points are presented, which should be considered in a concrete fact in the determination of the medical negligence. Medical action has specific characteristics such as professionalism, discretionary and exclusive, unbalance of information. These characteristics distinguish medical actions from general negligence. The general level of knowledge, the urgency, working condition and working environment of the medical facility, duration of the professional practice, assessment of the medical activity are crucial in this context. As a standard of delineation of due diligence, I have used the permitted risk and the principle of trust. In the horizontal division of labor, the principle of trust applies. The principle of trust applies in principle in cases of division of labor interaction, when doctors in the same hospital exercise their own specific occupational field or everyone works in another hospital. However, this is not true for every case. In the vertical division of labor, the principle of trust does not apply and the senior physician can not trust the assistant doctors. In this case, the principle of trust is converted into a duty of supervision for assistant doctors by the senior physician. This supervision requirement could be used as a random check.

• Korean Journal of Social Welfare
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• v.65 no.4
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• pp.295-315
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• 2013

The purpose of this study is to analyse the ethical basis of two influential global citizenship idea - Rawls' liberal approach and cosmopolitan republicanism - as a theory on global justice. In the aspect of deontology, Rawls' view has the limit not to reflect reciprocal obligation and duty on civil right in the era of economic globalization that inequality has been structured. But cosmopolitan republicanism has the basis of deontological justification because advocates the realization of anti-domination principle at global level. In the aspect of utilitarianism, Rawls attempts to justify the logic rejecting redistribution intra nations. But cosmopolitan republicanism has the potential to decrease maleficence at global level and to increase utility level through overcoming the structured sacrifice of the citizens of developing countries.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.61-99
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• 2017

Medical practices such as surgery often need to accompany anesthesia, which frequently causes medical accidents. In order to determine whether a medical accident related to anesthesia was caused by a doctor's fault, it is necessary to understand what is the duty of care required for the medical staff such as a doctor through all stages of anesthesia. This paper analyzed Supreme Court decisions since 1990s and recent lower courts' decisions in order to understand standard of care with respect to anesthesia. While numerous medical accidents were related to inhalation anesthesia in the past, it turned out that recent medical accidents were often related to the use of intravenous or local anesthetics. In particular, legal disputes with respect to medical accidents related to propofol have considerably increased since 2007. However, because Supreme Court decisions as to anesthesia accidents are mostly related to inhalation anesthesia, they seem to be insufficient to set standard of care as to other types of anesthesia accidents. In light of the fact that medical accidents related to the use of propofol have been increasing, it is critical to establish and maintain clinical guidelines on the use of each anesthetic in the medical field. However, The Courts can present the standard of care suitable for medical reality to serve as a compass for medical practices.

• Korean Journal of Construction Engineering and Management
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• v.13 no.1
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• pp.36-43
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• 2012

When the construction management method was introduced, there were arguments regarding the contractual responsibility of the construction manager. Accordingly, the provisions on damage compensation in the Construction Technology Management Act were revised in 2002, and the obligatory duty of care of a good manager is now required by the Framework Act on the Construction Industry. Even though the construction manager has a responsibility of a consultant in the CM-for-fee contract, however, the Korean construction environment does not clearly specify the consultant's scope of responsibility. In this study, the theory about the duty of care, which is a consultant's responsibility among the expert's responsibilities, was arranged. Based on the responsibilities of experts such as lawyers, the duties of care of a good manager of the construction manager were presented to provide the foundation for establishing the construction manager's responsibilities. To verify the resulting items, interviews with experts were performed to assess their importance levels.

• 주택과사람들
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• s.172
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• pp.19-22
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• 2004

• Journal of Ethics
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• no.82
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• pp.193-212
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• 2011

Republic of Korea had undergone a meaningful transformation from aid recipient country to aid donor country and it was the only case among OECD countries. It became the 24th member of DAC in November, 2009. Therefore, it is required that we have to expand assistance which comes up to current economic power of Republic of Korea. However there are weak theoretical consideration about the obligation and justification of foreign aid fundamentally. These researches are almost about communitarianistic, liberalistic perspectives of view but with these, it is hard to enlarge current foreign aid into international level and it also takes a passive approach in obligation to provide. With these contexts in mind, this study proposes cosmotolitanism as an new alternative of foreign aid. This paper seeks to discuss that why we should give assistance to poverty-stricken counties and checking whether we have a obligation of foreign aid or not and the way or the extent to deal with if there is a obligation to help. Cosmotolitanism suggests that whole world is obliged with helping each other to enjoy equal rights and meet the obligation for others because people of the third world countries also have their own lives on the Earth like us and they are sharing all-global plan and future together. The existing discussion took a negative, restrictive attitude but it could mention that there is great relevance to discuss about Cosmotolitanism since it connotes the obligation for the third countries and their people itself.

• Journal of Navigation and Port Research
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• v.26 no.4
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• pp.399-406
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• 2002

There may be some cases in which underwriters refuse to pay claims to the assured in case of his want of due diligence and actually, a lot of cases which an assured could not have been covered, existed through the history of marine hull insurance claims. Statistically, looking back the past marine accident cases in korea, the most parts of the accident are man-made disasters caused by want of due diligence. So, this study will focuss on this kind of marine losses and insurance clauses and other relevant rules containing due diligence such as due diligence of the assured in inchmaree clause, ITC-Hulls(1983), and due diligence of carrier in Hague-Visby Rule and so on. This study also shows what the disadvantages to marine enterprisers are, caused by want of due diligence and the advantages of doing due diligence are. In conclusion, this study contends that marine enterprisers should perform due diligence in dong their business for both financial stability and good management of their companies.

• The Korean Society of Law and Medicine
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• v.7 no.1
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• pp.178-201
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• 2006

• The Korean Society of Law and Medicine
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• v.1 no.1
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• pp.49-94
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• 2000