• Journal of Arbitration Studies
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• v.26 no.4
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• pp.129-149
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• 2016

Medical dispute means the dispute between the hospital and the patient due to a medical accident. In general, medical accidents must be in accordance with the terms that are used in the medical dispute adjustment method stated in Article 2 (definition). In relation to this, there is a need to discuss an efficient operation scheme for Alternative Dispute Resolution (ADR) in medical disputes. In addition, it is necessary to look at issues of civil liability and criminal liability. In particular, in the consumer dispute arbitration committee, there is a case to make a "decision not to adjust" in aggressive intervention in the process of conflict resolution. The medical staff, on the basis of its "decision," can use this as a proven material for civil and criminal cases. This is rather upon the determination of the consumer council as a typical side effect to defend the user's perspective. This is the "decision" as was expressed from an order, "not adjusted." It is also determined to be easy and clearly timely. In the medical litigation, it is requesting the burden of proof of a patient's cause-and-effect relationship with the doctors committing negligence and medical malpractice. This seems to require the promotion of legislation in the direction to reduce future cases. It is determined that the burden of proof of medical accidents must be improved. The institution receiving the medical accident should prevent a closure report. Further, it is necessary to limit the transition to a franchise point. In this paper, we understand the problems of the current medical dispute resolution system, trying to establish a medical dispute resolution system desirable through an efficient alternative. In addition, it wants help in the protection and realization in medical consumers' and patients' rights. The relevant authorities will take advantage of these measures. After all, this could contribute to the system for a smooth resolution of a medical dispute.

• International Commerce and Information Review
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• v.11 no.2
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• pp.173-201
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• 2009

As a result of overemphasizing the goods sector in trade structure, Korea does not meet properly the global trend which has the key role of 'trade in services' as the service economy have been expanded. Hereafter, it is easily forecasted that trade in services will be one of the main factors for Korea's competitiveness and engine of growth. Nevertheless, because Korea does not equip the concreteness of governance for trade in services, it is possible that the efficiency deterioration of trade volume, confusion of Korea's trade policy, conflict among trading countries, and discordance between the interested parties may be occurred. This paper analyzes the governance system of Korea for trade in services in order to enhance the competitiveness reflecting the importance of trade in services and to draw some strategies for remodeling the service governance system. It is expected to raise the efficiency of Korea's trade policy by constructing the systematic governance for trade in services, and to remove lots of latent risks during global transactions by improving the imbalance between manufacturing and service part for the development of trade in services in Korea. Analysis revealed itself the result that Korea is weak enough to can not identify the governance system about trade in services. Except 'Extent of Services' article of the Foreign Trade Act, Korea has not prepared the governance system for trade in services so that governance system have been scattered overly or decentralized. Problems about trade in services are not limited to enterprise's side, but extended to all the players including government agency whole, academic world and research institute. Therefore, the governance of trade in services should be strengthened and systematized by making the model law for trade in services(provisional name : Master Law for Trade in Services or Promotion Law for Trade in Services) by formatting type of fundamental law or separate legislation. If the bill legislation does not meet the conditions, the Foreign Trade Act should be totally reformed to Omnibus Trade Act concept including trade in services.

• The Journal of the Convergence on Culture Technology
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• v.6 no.3
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• pp.159-165
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• 2020

This study was attempted to identify the status of the work of the PA and provide the direction and evidence of policy making on the PA scheme. A convergence study was conducted to analyze a total of 23 articles of papers and Internet news through systematic review methodology. A literature search was performed using KISS, NDSL, RISS, National assembly library, and 11 major domestic daily newspapers and Youth Medical Newspaper. The analysis of eight papers showed that the PA's work-related exhaustion, job stress, unclear scope of work and lack of regulations reduced job satisfaction. Through 15 press articles, it was understood that it was urgent to establish a legal system and education system for qualifications and work as professional medical personnel amid a conflict of positive and negative opinions of related agencies. In order to increase the utilization of PA in the future, it is necessary to secure institutional devices suitable for Korean affairs and prepare educational programs.

• The Korean Society of Law and Medicine
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• v.14 no.1
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• pp.43-83
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• 2013

Medical treatment has great potential for conflict. Even the best-trained doctors can commit medical malpractice that result in continuing physical or mental disabilities or even death. Medical conflicts have been increasing over years. The medical conflicts between patient and medical professionals that result from medical professionals' mistakes are often fueled by a violation on the pretext of the injuries form medical malpractice and can lead to litigation. The litigation usually cost a lot of money and time. The extension of the litigation period as well as expensive cost and lack of medical knowledge placing a great burden on patients. Alternative Dispute Resolution(ADR) is more efficient than litigation. In 1988, the medical dispute mediation system has been introduces as the Act on Remedy for Damage from Medical Accident and Medical Dispute Mediation by Korean Medical Association came into effect after 23 years of enactment efforts. Medical Dispute Mediation Act(hereinafter referred to as the "MDMA") has finally entered into force from 8 April 2012. The purpose of the MDMA is to promptly and fairly redress injuries caused by medical malpractice and create a stable environment for medical services of public health or medical professionals by providing for matters regarding the mediation and arbitration of medical disputes(MDMA ${\S}1$). In an effort to secure the fair, speedy and inexpensive resolution of every malpractice case, the Korea Medical Dispute Mediation and Arbitration Agency(hereinafter referred to as the "K-MEDI") was established. Following the MDMA, the K-MEDI shall endeavor to ensure the medical dispute mediation or arbitration proceedings are conducted in a prompt, fair, and efficient manner, and patients and medical professionals shall attend proceedings in good faith with mutual trust and understanding when they participate in medical dispute mediation or arbitration proceedings.

• Informatization Policy
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• v.23 no.3
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• pp.43-63
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• 2016

This research analyzes the international standardization process by observing the international communication sources in order to understand the reason of its current poor use. Using the 'organizing theory' frame, we observe the initial discourse on the need of internationalized domain names in ICANN and the process of negotiation for technical choice of layers. Lastly, we take Korean domain names as a case study in order to understand the conflict and the cooperation of different stakeholders. We summarize the factors of failure of IDN as follows. First, the need of IDN in the beginning was raised around non-English speaking countries, in Asia and Middle East, with the discourse on 'digital divide solution and cultural value' ICANN rather pursues the 'technical stability of Internet Infrastructure', which made its standardization take as long as 10 years. As a result, a variety of standards and services are proposed in the marketplace, which engendered inefficient competition and domain name-related disputes such as cybersquatting, technical instability and confusion of users. In addition, the government agencies fail to present the appropriate policies adjusting multiple interests of different stakeholders.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.239-262
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• 2014

The conventional medical appraisal which was done in the process of medical lawsuit was requested from the court to the designated hospital and was delivered as a pattern of one question and one answer in each. However, the comprehensiveness of medical appraisal which was pursued, for example, in Korea Medical Dispute Mediation and Arbitration Agency, could be guaranteed in terms of in-depth medical analysis as well as the broader capacity of the causality estimation besides. The comprehensiveness of appraisal would also include how well organized hospital system of medical care is and how well correlated job system among medical staffs, when medical dispute was happened at the hospital. This comprehensiveness will exert a big contribution on making a demonstrative medical care to prevent from the medical dispute and it could achieve the national plan of building the patient safety net which is effective in restoring the worsened quality of contemporary medical service. Therefore, the comprehensiveness of medical appraisal has to be designed to go forward interdisciplinary fused speciality rather than one division of medicine, which is also aiming at the reliable and consistent appraisal with the supreme dignity from one window. In addition to that, the objective and concrete frame of comprehensive appraisal under the computed connection has to be deliberated to make itself possible in collaboration with positive participation of medical community. The comprehensiveness of medical appraisal would serve to expand not only the capacity of speciality but also the ability of influence on a restorative justice, so that it give effect to an increased number of mediation and arbitration rather than medical lawsuit as well as a decreased number of the social cost and social conflict.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.91-122
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• 2014

For a variety of reasons, the number of medical disputes is continuously rising. Due to the intrinsic qualities of medical treatments, one would find it more apt to subject medical disputes to general conflict resolution procedures rather than to once-for-all decisions under legal suits. To address the increasing medical disputes with greater professionalism and efficiency, the Medical Disputes Mediation Act was enacted and a medical dispute mediation system put in place, while drawbacks have been blamed to both. The current mediation procedures require the respondent's agreement as a disclosure requirement. A reasonable improvement to this would be to amend the regulation of agreement supposition, or to enforce procedural participation only to public health facilities managed by the national or regional government. Furthermore, small claims cases of 20 million KRW or less in claim may be considered for conciliation-prepositive principle. The concentration on small claim medical disputes is a phenomenon that can be addressed by carrying out maximum authentication commissions or similar measures, one of the solutions by enhancing the public trust in the Korea Medical Dispute Mediation and Arbitration Agency. The proper management of medical authentication teams is one way to address the existing problems in the authentication system. For this, the number of team members shall be increased under more flexible authentication procedures. All indemnity resources for medical accidents of force majeure must be borne by the Government, for it is the body principally responsible for social compensation. Placing this cost on the establisher of the subject medical facility holds the possibility of violating fundamental rights. While the costs for subrogation payment system for damages may be borne by the healthcare facility establisher, a deposit-based system must be created for cases in which the facility shuts down, without holding the responsibility for accident cause. Such change to a deposit-based system will evade the controversies of unconstitutionality, etc.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.24 no.3
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• pp.371-382
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• 2014

Objectives: This study was undertaken in order to examine how musculoskeletal disorder(MSD) symptoms were affected by particular factors and then to explore control strategies to prevent MSDs in general hospital nurses. Materials: This, as part of a large study, was conducted using a set of information on literature review, questionnaire survey and focus group interview. It obtained prevalence and factors of MSD symptoms and examined how MSD symptoms were distributed and affected by the factors in nurses working at 15 general hospitals across Korea. The factors were personal factors, work organization, nursing tasks, physical factors and psychosocial factors. Results: A total of 501 nurses were determined as subjects. The highest MSD symptom prevalence was 61% for the shoulder, among body parts, followed by leg/feet(55%), low back(51%), neck(42%), wrist(38%), and elbow(21%). Prevalence for the whole body was 80%. Odds ratios ranged from 0.4 to 22.4 in logistic regression analyses. The symptoms were significantly attributed to factor variables such as body mass index, current health status, daily work time, nursing task, pooled-physical factors, ergonomic factors, work load, interpersonal conflict, and job insecurity. Conclusions: Two or more factor variables were significant, depending on body part, for MSD systems in the general hospital nurses. It was noticeable that physical factors, such as pooled-physical factors, ergonomic factors or work load, were selectively significant for MSD symptoms in all body parts, indicating that such information should be used for prevention of MSDs in the hospital sector.

• The Journal of the Korea Contents Association
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• v.11 no.5
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• pp.317-327
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• 2011

This study examined with a view to legal system how to get over the adaptation problem as well as protection of human right about the cases of marriage immigration have sharply increased in Korea through Globalization and this brought about serious matters to multi-cultural families : disguise marriage, contract marriage, frequent divorces, especially conflict, violence, maltreatment of couple is guaranteed efficiently include against mankind universal value regardless of race, class, region undergoing farm village female marriage immigrants by cultural difference. This study is when the families of the marriage immigrants are left unattended in the state of the crisis, it definitely seems to be a serious obstacle for social integration and cost vast social expense. Therefore, I suggest the problems of multi-culture family support law and improvement plans for Marriage bureau agency management law and nationality Act through a comparative method about legislation of each country which has dealt with a phenomenon called 'multi-cultural Society' and fact-finding of female marriage immigrants in Gwang-ju Metropolitan City, professing "the city of human right".

• Safety and Health at Work
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• v.5 no.1
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• pp.7-12
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• 2014

Background: In Japan, more than 60% of employees are reported to suffer from anxiety and stress. Consequently, Japanese society has begun to address such important issues as psychogenic disability and job-related suicide. Furthermore, given the aging of society and the surge in the number of elderly people requiring care, it is necessary to adequately and proactively support employees who care for their elderly relatives. The purpose of the present study was to investigate caregiver burden in caring for elderly relatives and work-related stress factors associated with mental health among employees. Methods: We studied 722 men and women aged 18-83 years in a cross-sectional study. The K10 questionnaire was used to examine mental health status. Results: The proportion of participants with a high K10 score was 15% (n = 106). Having little conversation with their supervisor and/or coworkers significantly increased the risk of depression [odds ratio (OR) 1.8], as did high job overload (OR 2.7) and job dissatisfaction (OR 3.8), compared with employees who frequently conversed with their supervisor and/or coworkers. Caring for elderly relatives as a prominent characteristic of an employee was a significant risk factor for depression (OR 2.1). Conclusion: The present study demonstrated that employees who were caring for elderly relatives were significantly associated with an increased risk of depression. To prevent depressive disorders, it may be important to focus on reducing the work-caregiving role conflict, as well as enhancing employees' job control and better rewarding their efforts in the workplace.