• Journal of Korean Academy of Nursing Administration
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• v.5 no.1
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• pp.113-136
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• 1999

There are some new trends in judgments concerning medical malpractice. which include emphasis on medical professionals' explanation duty in order to materialize patient's rights of self-determination. Now, patient is not a mere subject of medical and nursing care any more, but a subject, participating in medical practice on equal terms with medical professionals. Legal accountability is no limited to nurses in advanced practice: it is a recognized fact of life for every practicing nurse. whether she is an RN employed as a staff nurse in a hospital, a Certified Nurse-Midwife in independent practice or a patient's home. Therefore, it is essential for nurses to be as familiar as possible with the legal guidelines that govern their patient care responsibilities. However there are only a few studies focused on nursing negligence. To define nurse's civil liability in medical malpractice, it is necessary to indentify both legal nursing behaviors and nurse's due care in those nursing behaviors. So this paper focused on nurse's due care, especially in nursing malpractice. To clarify nurses' due care. chapter II has focused on nursing behavior and the scope of nursing practice based on the medical law and health care related study results. Chapter III deals with the content and scope of nurse's due care. Generally. negligence is defined as not doing something which a resonable person. guided by those ordinary considerations which or dinarily regulate human affairs. would do. or doing something which a resonable and prudent man would not do. Next. it describes how we can set the standard of due care in nursing practice. There is objective factors and subjective factors. And we also discuss about the limitation of due care in nursing practice. Finally. chapter IV deals with the case studies related to nursing negligence in the situation of determination. Now', patient is not a mere subject of medical and nursing care any more, but a subject participating in medical practice on equal terms with medical professionals. Legal accountability is not limited to nurses in advanced practice; it is a recognized fact of life for every practicing nurse. whether she is an RN employed as a staff nurse in a hospital. a Certified Nurse-Midwife in independent practice or a patient's home. Therefore, it is essential for nurses to be as familiar as possible with the legal guidelines that govern their patient care responsibilities. However. there are only a few studies focused on nursing negligence. To define nurse's civil liability in medical malpractice, it is necessary to identify both legal nursing behaviors and nurse's due care in those nursing behaviors. So this paper focused on nurse's intravenous injection. post operation nursing care. blood transfusion. and patient nursing care. The result of this paper is as follows. First. there are several cases dealing with nurse's negligence in nursing practice. however, those cases didn't judge nurse's due care based on individual -specific standard but general-objective standard. Second, there is a tendency to put an emphasis on the principal of belief to distinguish who has the liability in the case of medical malpractice among medical care team. So nurses shoud practice nursing care more actively to protect themselves and patients because there is an effort to form professional nurse system and the scope of nursing practice will be deeper and broader. Third, standard of care is a necessary element in establishing negligence. If a nurse is able to meet the standard of care, no breach will be found.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.133-162
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• 2019

Due to the nature of medical malpractice lawsuits, it is difficult for medical consumers, who are weak in getting information when it comes to health care problem, to secure all information inside the hospital. Even if you are confident about the hospital infection, it is true that people have difficult to obtain medical testimony by expert. It is seen as no easy task to testify to the malpractice of colleagues who work in the same field not only in our country but also abroad, when a doctor gives negative testimony to another doctor in a medical malpractice lawsuit. Although few health care providers will be motivated to take medical care from the outset, testimony or statements from a medical practitioner can have a significant impact on the outcome of a lawsuit, as it is impossible for the patient to control or be aware of the whole process of medical conduct, especially in the event of a hospital infection and the victim. If the hospital can prove the causality of damages caused by negligence of the employees or supervision of the hospital itself in a medical suit caused by the infection, the level of protection of the victim could be raised further. We sought to find a solution to these problems by looking at the provisions of other laws related to hospital infection. In particular, as the comparative legal review regarding hospital infection, Germany's legislative precedent sets a medical contract as a typical civil law contract, so it is thought that looking at German civil law regulations also has implications for Korean law. We also tried to improve the French Special Act 'rights of patients' and we can look at the consequent changes in court cases. Finally, the content of the U.S. case's and the theory of 'the doctrine of res ipsa loquitur' in relation to it show that doctors and hospitals have been forced to shift the burden of proof through this theory. This paper tried to find out the implications of mitigating the burden of proof by reviewing various issues that might be related to medical litigation of hospital infection from a comparative point of view.

• Korean journal of communication and information
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• v.73
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• pp.56-91
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• 2015

This study examined changes in the independent production environment in the perspectives from flexible specialization of labor and media routines since January 2011, when comprehensive programming television channels (JTBC, MBN, Channel A, TV Chosun) emerged in Korea. In-depth interviews were conducted with thirteen individuals, including producers from independent production companies, broadcast writers, and individuals involved with these TV channels. The interview results indicated that a flexible specialization production system had been established by the comprehensive programming channels. This means that they were heavily dependent on independent producers, except in relations to their own news programs. Moreover, it was identified that the production of diverse programs could be difficult due to absurd contract practices such as those related to TV ratings and performance systems. Second, these channels have implemented some positive changes such as the payment of higher production costs and an incentive system, compared to terrestrial TV stations. However, the incentive system also helps to aggravate internal competition in the channel and also instigate contract competitions among independent companies, which can eventually result in the channels for holding exclusive rights to certain content and, hence, unfair business practices. Third, as a result of the newspaper and broadcast cross-owenership system of the comprehensive programming channels, hierarchical independent production practices can be established under the influence of newspaper proprietors and executives or managers who have previously worked for newspapers. Lastly, as a result of interviews with independent producers and individuals involved with the TV channels concerning the awareness of comprehensive programming channels, it could not be ascertained whether it is difficult to produce programs dealing with diverse items and genres, because programming autonomy has been distorted by capital or the advertisement market. In this circumstance, it is not surprising that some comprehensive programming channels mentioned that they prioritize profit and performance in programming. In conclusion, it is absolutely imperative that complementary and legal measures be implemented institutionally in order to redress the existing systematic dysfunctional routines in the independent productions of the comprehensive programming TV channels in Korea.

• Journal of the Korean Home Economics Association
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• v.41 no.12
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• pp.53-68
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• 2003

The purpose of this study was to develop lesson plans and teaching materials applying practical reasoning instruction for the 7th home economics curriculum content, and to test the effect of practical reasoning instruction on morality of middle school students. This study is a quasi-experimental research with a pretest-posttest design. Practical reasoning instruction for experimental group and traditionally lecture oriented instruction for comparison group were input, and tested the statistical differences between two groups before and after the treatment. The subjects for this study were 8th grade students of a middle school located in Kwangju city. Two classes of 76 students homogeneous in characteristics and academic record for each experimental and comparison group were assigned. Instrument used for this study was a revised moral indicator, that was developed by KEDI(2001). Spss/win for 10.0 statistics program was used for analysis of data. ANCOVA was done for testing statistical difference between pretest and posttest of experiment group and comparison group. Result of study which showed statistically significant difference between groups were：1. Virtue of "responsibility for words and deeds"(from 3.22 to 3.61 for experimental group and from 3.27 to 3.26 for comparison group) in domain of responsibility and cooperation, and virtue of "punctuality"(from 3.59 to 3.76 for experimental group and from 3.41 to 3.28 for comparison group) in domain of trustworthiness, 2. Virtue of "conversation etiquette"(from 3.47 to 3.67 for experimental group and from 3.28 to 3.31 for comparison group) in domain of caring for others, 3. Virtue of "forgiveness other′s mistakes"(from 3.32 to 3.65 for experimental group and from 3.33 to 3.25 for comparison group) in domain of kindness, concession, forgiveness, and virtue of "volunteering activity"(from 2.89 to 3.71 for experimental group and from 3.36 to 3.45 for comparison group) in domain of compassion and service, 4. Virtue of "equip the convenient facility for handicapped"(from 4.19 to 4.29 for experimental group and from 4.17 to 3.91 for comparison group) in domain of equality and human rights, virtue of "recovering selfness for own community"(from 2.34 to 2.79 for experimental group and from 2.14 to 2.29 for comparison group), virtue of "opposing way of accomplishing purpose by an means"(from 3.27 to 3.31 for experimental group and from 3.47 to 3.05 for comparison group), virtue of "opposing election of considering acquaintance"(from 3.35 to 3.56 for experimental group and from 3.12 to 3.14 for comparison group) in domain of fairness, and virtue of "eradication of military force or violence among countries"(from 3.49 to 3.57 for experimental group and from 3.38 to 3.05 for comparison group) in domain of love for humanity. The morality of experimental group was improved more than that of comparison group in all of above items. From the results of this study, following conclusion was drawn. Practical reasoning instruction in home economics is effective in raising students′ virtue and value of responsibility in words and deeds, trustworthiness in punctuality, courtesy of not interrupting conversation, forgiveness of other′s mistakes, volunteering activity, equity for handicapped, fairness opposing selfness for own community, fairness opposing way of accomplishing purpose by all means, fairness opposing election of considering acquaintance, and love for humanity opposing war.

• Journal of Korean Philosophical Society
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• v.148
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• pp.1-27
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• 2018

The 10th constitution established in 1987 serves as the theoretical foundation of democracy in South Korea in the 21st century. Respect for human rights, resistance to injustice, and equality consciousness inherent in this constitution do not conflict with the content of Confucian philosophy. This means that the spirit of the constitution of South Korea in the 21st century was formed under the influence of the idea of democracy and Confucian philosophy. However, the 10th constitution attaches importance to the idea of the 'Basic free and democratic order', which was accepted in the Yushin constitution and inherited by the military forces. The Yushin constitution was affected by liberalism that prioritizes freedom over equality rather than supporting the compatibility between freedom and equality. Therefore, policies to expand the interests of the bourgeoisie rather than public welfare or the interests of the public have been implemented frequently. In particular, during the Lee Myeong-bak and Park Geun-hye regimes, many unequal phenomena were mass-produced. Confucian philosophy in the 21st century critically sees this unequal society. Confucian philosophy thinks that a sense of relative deprivation plays a role of alienating humans and emphasizes the importance of equal relationships. In addition, this constitution emphasizes the rule of law. However, the rule of law attaches importance to positive laws when the spirit of the constitution that contains natural law is applied to reality through systems. This rejects autonomous judgments and choices while inducing reliance on heteronomy. These heteronomous laws as such are accompanied by forcibleness. The positive laws as such can degrade humans into passive beings that indiscriminately adapt themselves to frames already set instead of active beings that think freely and creatively. Confucian philosophy regards and criticizes the rule of law as a system that makes humans into a means. Confucian philosophy regards humans as moral beings instead of tools. Confucian philosophy seeks to build a healthy society through morality accomplished through conscious realization of the principles of life. Confucian philosophy regards humans as originally free beings. Therefore, human beings are autonomous beings, not heteronomous beings. According to Confucian philosophy, humans beings that can realize the morality contained in their inner side by themselves to responsibly carry out their own judgments and choices. Therefore, Confucian philosophy, which considers human beings as beings to be trusted instead of beings to be distrusted, attaches importance to the realization of human decency through edification rather than by punishment through the law. This means that human values cannot be kept by the heteronomy termed positive laws but the identity of humans can be maintained by voluntary choices and judgments. As such, the comment of Confucian philosophy on the problems of liberal democracy and positive laws contained in the 10th constitution can be helpful in essentially solving the contradictions of modern South Korean society.