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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 Case of Hemophagocytic Lymphohistiocytosis with Clonal Karyotype Abnormalities (클론성 염색체이상을 보인 혈구포식 림프조직구증 1예)

  • Choi, Gae-Ryung;Kim, Ha-Nui;Cho, Chi-Hyun;Yoo, Byoung-Joon;Kim, Myung-Han;Kim, Jang-Su;Lim, Chae-Seung;Lee, Kap No
    • Laboratory Medicine Online
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    • v.1 no.2
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    • pp.110-114
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    • 2011
  • There have been a few reports of hemophagocytic lymphohistiocytosis (HLH) with chromosomal abnormalities. Clonal chromosomal abnormalities in HLH patients are usually found in association with hematologic malignancies and rarely with epstein-barr virus (EBV) infection. Here, we report a fatal case of HLH with clonal karyotype abnormalities. A 75-yr-old man was admitted with persistent anorexia and high fever. Laboratory data revealed pancytopenia, hypofibrinogenemia, hyperferritinemia, prolonged prothrombin time and activated partial thromboplastin time, and marked elevated level of serum transaminases. In real time-PCR using whole blood, EBV DNA was not detected but cytomegalovirus (CMV) DNA was detected. The bone marrow aspiration smear showed hyperplasia of mature histiocytes with prominent hemophagocytosis. In chromosomal analysis of bone marrow aspirates, complex chromosomal abnormalities were found. In spite of steroid pulse therapy and antibiotic treatment, he died of disseminated intravascular coagulopathy.

Comparison between South Korean and Taiwanese college culture: Focusing on the Hierarchical Sexist Influence of Military Culture (한국과 대만의 대학문화 비교 : 위계와 성차별, 폭력의 군대적 징후를 중심으로)

  • Kwon, Insook;Nah, Yoonkyeong;Moon, Hyona
    • Women's Studies Review
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    • v.27 no.1
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    • pp.145-183
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    • 2010
  • This study has compared South Korea with Taiwan, a society which has an almost non-hierarchical college culture in spite of its social and historical similarities to Korea, including the recruit system. By the means of quantitative and qualitative comparative studies and analysis, it has tried to clarify the reasons behind the hierarchical and sexist military culture of Korean universities. According to the comparative studies, Taiwan's college culture is less hierarchical than that of South Korea, and support for the necessity of hierarchy is weaker. Hierarchy had a greater influence on the payment of meals, appellations and society admissions in South Korea. Elements of military culture such as violence or group discipline were usually only present in South Korean college culture. Male-centered drinking and prostitution culture was also found to be stronger in South Korea. The historical and social reason for these differences is that Taiwan has a weaker basis for nationalism and militarism, both essential factors in the founding of hierarchical and collective culture. The most direct reason for the lack of hierarchy in Taiwanese college culture is the period of recruitment. In South Korea, young men usually apply for military service during the first or second year or college, and return to school as second or third-year studies. In Taiwan, however, men are usually recruited after having graduated from college. Students who have served in the army have proved to have a significant influence on violence, hierarchy and drinking culture in Korea's college culture. South Korea's college culture has two main problems. The first is that South Korean college students are not able to be critical towards the harms of South Korea's oppressively hierarchical collective culture, and therefore do not develop the strength to fight against it. This is all the more problematic because they are the future components of South Korea's main institutions. The second is that it roots male-centeredness even further into the South Korean mentality.

A Prediction Model of Fear of Falling in Older Adults Living in a Continuing-Care Retirement Community(CCRC) in United States (미국 노인의 낙상에 대한 두려움 예측모형에 관한 연구)

  • Jung, Dukyoo
    • 한국노년학
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    • v.29 no.1
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    • pp.243-258
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    • 2009
  • Background: Falls are among the most common and serious health problems of older people. The psychological symptoms of falling have received relatively little attention compared to physical problems. Objective: The purpose of this study is to test a model to explain the factors that influence fear of falling among older adults living in a continuing care retirement community (CCRC) in Baltimore city, United States. Methods: A secondary analysis was conducted using data obtained from a Health Promotion Survey done on 149 older adults living in a CCRC. Data was originally obtained during face to face interviews with each participant. Descriptive statistics and bivariate correlations were used to describe the sample and evaluate simple correlations. A path analysis was done using the AMOS 4.0 statistical program. Results: Of the 49 hypothesized paths, 13 were statistically significant, and the model accounted for 22% of the variance in fear of falling among the elderly. There was support for the fit of the model to the data with a nonsignificant chi square at 0.478 (df=2, p=0.79), and the ratio of chi-square to degrees of freedom was 0.24, a CFI of 0.99 and RMSEA of 0.00. In particular, gender, a history of falling, and exercise were significant predictors of fear of falling. Conclusions/Implications: As anticipated, exercise is an important factor to prevent fear of falling. As a modifiable variable, self-efficacy and outcome expectation indirectly influence fear of falling through exercise.

Multiple Aging Trajectories of the Elderly in Korea (한국 노인의 노화궤적 연구)

  • Kim, Sojin
    • 한국노년학
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    • v.39 no.1
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    • pp.37-60
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    • 2019
  • This study was attempt to derive the aging trajectories of Korean elderly people and identify its characteristics. In particular, this study used the successful aging model of Rowe and Kahn as an analytical framework. Using the Korean Longitudinal Study of Ageing(KLoSA), this study applied group-based multi-trajectory analysis to identify multiple aging trajectories in sample of Korean elder aged 65~74(n=2,682). This study also used several demographic characteristics as baseline predictors to identify the characteristics of each aging trajectory. Five dimensions were analyzed in the multi-trajectory model: chronic disease, physical functional limitation, cognitive functioning, depressive symptom and social engagement. As a result of the analysis, five aging trajectories were identified: successful aging(17.8%), usual aging (33.9%), health declining aging(18.2%), pathological aging(7.9%), and aging with mild cognitive impairment(22.1%). In general, the odds of experiencing successful aging were high in men, low-aged, highly educated, high-income, and spousal elderly. On the other hand, for the elderly, who are under-educated, low-income, and high-aged, there was a high probability of experiencing a relatively difficult aging process. In particular, the odds of experiencing a mild cognitive impairment aging was high in older, lower-income women without a spouse.

Development and Validation of Indirect Trauma Scale of Social Disaster (사회적 재난으로 인한 간접외상 척도의 개발과 타당화 연구)

  • Yeun-Joo Hur ;Min-Kyu Rhee
    • Korean Journal of Culture and Social Issue
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    • v.23 no.3
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    • pp.381-407
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    • 2017
  • The purpose of this study was to develop scale for the measurement of indirect traumatization occurred by social disaster and test their validity. To achieve this purpose, this study conduct a research through the following procedure. First, to develop the inventory, various responses of indirect traumatization occurred by social disaster were gathered from Korean adults participated in open questionnaire. 41 items were made. Second, exploratory factor analysis were performed and 21 items were selected in this step. The Indirect Trauma Scale of Social Disaster(ITSSD) consisted of 4 factors, each with 4-to-8 items, respectively. Four factors include ① private coping responses ② symptom responses ③ distrust responses of world ④ moral emotion cause of social perpetrators. Appropriate levels of reliability were established for the ITSSD. Third, Indirect Trauma Scale of Social Disaster was validated by confirmatory factor analysis, and 21 items were fixed. To 300 participants differed from development step, confirmatory factor analysis was performed. 4 factors structure derived from the exploratory analysis was appropriate. And 4 factors indicated reasonable fit index such as TLI(.913), CFI (.924) and RMSEA(.077). In addition, ITSSD identified a significant positive correlation with Posttrauma Risk Checklist, Korean Depression Scale, State-Trait Anxiety Inventory-KYZ and negative with Acceptance-action Questionnaire-2. But that was unrelated to Forgiveness Trait Scale and Life Satisfaction Scale. Also the result showed that Women experienced high level of indirect trauma of social disaster than men.

Family Activities and Well-being in Midlife: Meal, Phone Conversation, and Leisure (가족간 식사, 통화 및 여가활동과 중년기의 행복)

  • Kyoungmi Kim;Seungah Ryu;Incheol Choi
    • Korean Journal of Culture and Social Issue
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    • v.18 no.2
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    • pp.279-300
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    • 2012
  • Many studies have demonstrated that family plays a crucial role in health and wellbeing in life. There has been little research, however, examining the relative importance of activities together with family members in middle-aged adults. The goal of this study was to examine the effect of family meal, phone conversation with family, and family leisure activities on happiness, health, and family relationship. Total 286 middle-aged adults (M=50.13) participated in this study. Dependent variables were happiness (SWB), physical and psychological illness symptoms, family satisfaction, sex satisfaction, and parenting sense of competence. This research showed that (1) frequency of meal with family was positively correlated with happiness, family relationship, and negatively physical/psychological illness symptoms; (2) high frequency of talking on the phone with family resulted in that high level of happiness, family satisfaction, sex satisfaction, and parenting sense of competence, and lower illness symptoms; (3) the more participants spent leisure time with family, the happier and the more family satisfaction they feel. Findings suggest that activities together with family members in middle-aged adults may enhance their happiness, health, and quality of family relationship. The implication for current study were discussed.

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Correlation between oral frailty and health-related quality of life (HINT-8) among older adults in Korea (한국 노인의 구강노쇠와 건강관련 삶의 질(HINT-8)의 관련성)

  • In-Ja Kim
    • Journal of Korean society of Dental Hygiene
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    • v.24 no.2
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    • pp.109-119
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    • 2024
  • Objectives: This study aimed to confirm the correlation between oral frailty and health-related quality of life (HINT-8) among older adults in Korea. Methods: The data of 1,318 individuals aged ≥65 years who participated in the eighth Korean National Health and Nutrition Examination Survey (2019) were analyzed using complex sample statistical analysis. Results: Chewing discomfort was found to decrease the HINT-8 scores by 1.246, 1.324, and 1.089 times in the physical, social, and mental domains, respectively. Speech discomfort was found to decrease the HINT-8 scores by 1.275, 1.449, and 1.175 times in the physical, social, and mental domains, respectively. The HINT-8 scores of participants with ≤19 natural teeth were lower in the physical and social domains. Similarly, the HINT-8 scores of participants with brushing frequency of ≤2 were lower in the positive health domain. Non-use of oral hygiene products led to a reduction in the HINT-8 score in the social health domain. Conclusions: Oral frailty in older adults reduces the health-related quality of life. Thus, it is necessary to formulate policies to manage oral frailty in this population and develop specialized programs for the management of oral frailty.

Ascariasis Presenting as Hematoma in the Sigmoid Mesocolon: A Case Report (구불창자간막 혈종으로 발현한 회충증: 증례 보고)

  • Ji-Eun Kim;Kyung Eun Bae;Hyun-Jung Kim;Byung-Noe Bae;Ji Hae Lee;Mi-Jin Kang;Ji-Young Kim;Jae Hyung Kim
    • Journal of the Korean Society of Radiology
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    • v.81 no.4
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    • pp.1013-1018
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    • 2020
  • Ascariasis is an intestinal disease caused by Ascaris lumbricoides. Most patients with ascariasis are asymptomatic; however, the presence of many larvae in the bowel can cause gastrointestinal complications, such as intestinal obstruction, obstructive jaundice, cholangitis, cholecystitis, and pancreatitis. Herein, we report a case of ascariasis presenting as hematoma and active bleeding in the sigmoid mesocolon of a 74-year-old man on computed tomography (CT). Sigmoid colon perforation was also detected on follow-up CT. Laparoscopic low anterior resection was performed; there was a large hematoma in the sigmoid mesocolon. Roundworms were microscopically identified in the mesenteric adipose tissue. The clinical and CT findings of this unusual presentation of ascariasis revealed serial complications during parasite migration from the intestinal lumen to the peritoneal cavity.

Chest Radiographs and CT Findings during Healthcare Workers' Tuberculosis Screening Using Interferon- Gamma Release Assay: Retrospective Observational Study (인터페론-감마 분비 검사를 이용한 의료 종사자의 결핵 스크리닝에서 흉부 X선 사진 및 CT 소견: 후향적 관찰 연구)

  • Ye Ra Choi;Jung-Kyu Lee;Eun Young Heo;Deog Kyeom Kim;Kwang Nam Jin
    • Journal of the Korean Society of Radiology
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    • v.82 no.6
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    • pp.1524-1533
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    • 2021
  • Purpose To investigate the incidence of tuberculosis (TB) in healthcare workers (HCWs) with positive interferon-gamma release assay (IGRA) results based on chest X-ray (CXR) and CT findings and determine the role of imaging in the diagnosis of TB. Materials and Methods Among 1976 hospital personnel screened for TB using IGRA, IGRApositive subjects were retrospectively investigated. Clustered nodular and/or linear streaky opacities in the upper lung zone were considered positive on CXR. The CT findings were classified as active, indeterminate, inactive, or normal. The active or indeterminate class was considered CT-positive. Results IGRA was positive in 255 subjects (12.9%). CXR and CT were performed in 249 (99.2%) and 113 subjects (45.0%), respectively. CXR- and CT-positive findings were found in 7 of 249 (2.8%) and 9 of 113 (8.0%) patients, respectively. Among the nine CT-positive subjects, active and indeterminate TB findings were found in 6 (5.3%) and 3 (2.7%) patients, respectively. Microbiological tests, including acid-fast bacilli staining, culture, and polymerase chain reaction for TB, were negative in all nine CT-positive subjects. Empirical anti-TB medications were administered to 9 CT-positive subjects, and 3 of these nine subjects were CXR-negative for pulmonary TB.