• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.3-26
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• 2015

Recently, Practicing of ghost surgery and duty of informed consent of doctors have become a big issue in the medical dispute and lawsuits. The ground of admitting the informed consent and the agreement(self-determination of patients) can be based on the dignity of man and the right to pursue his happiness guaranteed under Article 10 of the constitution in theory. However there are no explicit legal regulations on the duty of the informed consent and there is no substantive legal enactment on the informed consent, but there is a collision between self-determination of patients and the discretionary power of doctors. If the discretionary power on the duty of the informed consent was extended it may result in the infringement of the right of surgical patients, so called arbitrary medical treatment. Relating to this issue, New Jersey Supreme Court held that a patient has the right to determine not only whether surgery is to be performed on him, but also who shall perform it. Moreover it held that a surgeon who operates without the patient's consent engages in the unauthorized touching of another and, thus, commits a battery'. But there are no ghost surgery cases adopting battery theory in Korea, and professional negligence has been considered rather than the battery, regarding an absence of hostile intent to injure patient. Supreme Court of Korea held that a doctor who operates a medical procedure without the patient's valid prior consent based on wrong diagnosis commits professional negligence resulting in injury, and the patient's invalid consent do not preclude wrongfulness'. However, if a health care provider conducts a completely non-consensual treatment or substitute surgeon without consent, the action should be plead in battery, not negligence, but if a health care provider violate his duty of care in obtaining the consent of the patient by failing to disclosure all relevant information (risks) that a reasonable person would deem significant in making a decision to have the procedure, the action should be plead in negligence, not battery. Therefore, the scope of patients' self-determination can be protected by stating clearly the scope of the duty of the informed consent and the exemption of the informed consent legislatively, it is considered that it is valid to legislate the limitation of the discretionary power.

• Korean Journal of Heritage: History & Science
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• v.37
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• pp.327-348
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• 2004

In this study, after analyzing several local climate characteristics of South Korea, I validated distribution, invasion, foraging, underground activities, attack season as ecological characteristics and also temperature, relative humidity, and tree species as preference characteristics of Korean termites (Reticulitermes speratus kyushuensis Morimoto). Especially, southern part of the Korean peninsula is a suitable area for inhabitation and motion of termites holding same ecological characteristic like R. speratus kyushuensis. Busan is a neighboring district at field distribution north limiting temperature of Coptotermes formosanus Shiraki and Chuncheon is a passing area through the Korean Peninsula of field distribution north limiting temperature of Reticulitermes speratus Kolbe. The termite attack of wood devices was about 34.5% for 3 years in the forest of Jongmyo. Although the attack rate of termite increased each year, the detection rate decreased and the missing rate was high by degrees. I confirmed a foraging habits which is a part of termite colony was a role of continuous decomposition and another was a role of new food hunt as experimental results. The foraging termites were found under ground at Jongmyo in Seoul from April to November in the 2001 and the most active period was on July and August. The termite invasion rate of bait station increased in every monitoring. Through the increasing attack rate of bait station during 2nd monitoring (November, 2000) and 3rd monitoring(March, 2001), I confirmed that termites moved into the deep underground in winter, and were working continuously to forage. R. speratus kyushuensis inhabiting at the Korean Peninsula is a species which has food consumption rate with higher temperature. The termite revealed the greatest amount of food(filter paper) at $30^{\circ}C$(90% RH), but showed increasing death rate at over $32^{\circ}C$. Also, survival rate of this termite was 97% at 84% RH($30^{\circ}C$), but killed 100% at 52% RH($30^{\circ}C$) and 70% RH($30^{\circ}C$). For wood feeding, this was observed the preference in a pine tree(Pinus densiflora) above all others. Survival of termites was high(87%) at a pine tree, but low(13.5%) at a paulownia tree(Paulownia coreana). In this study, I presented the biological characteristic of termite(R. speratus kyushuensis Morimoto) and confirmed the deterioration degree of termite on wooden cultural heritage in Korea. Depending on climate and soil temperature, each area in the southern part of the Korea Peninsula, has some different active period and different distribution of R. speratus kyushensis. With these results, I expect that this report helps to prepare the integrated pest management(IPM) of the termite on wooden cultural heritage in Korea, and it may help to reduce the economical loss from termite damage in Korea.