• The Journal of Korean Medical History
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• v.28 no.2
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• pp.105-120
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• 2015

Confucian doctors (儒醫) emerged who either voluntarily or involuntarily studied medical science and participated in clinical practices. This was made possible by a newly established position known as Euiseoseupdokgwan (醫書習讀官), made up of officials who had knowledgeable about medical books, during the reign of King Sejong. By the 16th century, Confucian doctors who acquired knowledge from medical books began to practice more broadly. Most of the Confucian doctors had either direct or indirect connections with the Sarim faction 士林派, and had interest in practicing medicine in provincial regions. In 1610, Donguibogam (東醫寶鑑) was published, providing the Confucian doctors with solid academic and clinical foundations. From the late 17th century onwards, the medical environment quickly became commercialized and the status of Confucian doctors gradually weakened.

• The Korean Society of Law and Medicine
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• v.19 no.1
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• pp.143-163
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• 2018

Implant procedure belongs to so called a commercialized medical treatment, its procedure is simple and clear, and the possibility of success is almost 100%. In addition, it is a selective method rather than an inevitable method for a patient's health, so the importance of liability for explanation is especially emphasized for protection of autonomous decisions by patients. Considering these characteristics, the plaintiff in the relevant case said that the contract of implant procedure has the characteristic of subcontract, and only the failure of implant itself and the violation of liability for explanation should be the defendant's fault liability. In addition, although the above procedure contract is considered as delegation rather than subcontract, whether it's the defendant's malpractice should be judged by general people's common sense rather than average people in the industry. Therefore, if all the implanted teeth were removed due to bleeding and pains, and the patient suffered from dysaesthesia during the process, the defendant's malpractice is fully proved. When the judgements of implant medical malpractice were researched, the court doesn't consider implant contract as subcontract, but it judges dentist's malpractice by whether the implant itself is successful, so it seems that the court acknowledges similar characteristics with subcontract whose purpose is completion of work to some degree. In addition, considering the detailed contents of presented medical malpractices, it seems that judging medical malpractice is based on the common sense of general people. Therefore, the argument of the plaintiff is valid when the fact the adjustment amount is relevant to the amount that the plaintiff initially claimed is considered even though the relevant case was decided to be compulsory mediation.