• Title/Summary/Keyword: Duty control

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Legislative Study on the Mitigation of the Burden of Proof in Hospital Infection Cases - Focusing on the revised Bürgerliches Gesetzbuch - (병원감염 사건에서 증명책임 완화에 관한 입법적 고찰 - 개정 독일민법을 중심으로 -)

  • Yoo, Hyun Jung
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.159-193
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    • 2015
  • Owing to causes such as population aging, increased use of various medical devices, long-term hospitalization of various patients with reduced immune function such as cancer, diabetes, and organ transplant patients, and the growing size of hospitals, hospital infections are continuing to increase. As seen in the MERS crisis of 2015, hospital infections have become a social and national problem. In order to prevent damage due to such hospital infections, it is necessary to first strictly implement measures to prevent hospital infections, while, on the other hand, providing proper relief of damage suffered due to hospital infections. However, the mainstream attitude of judicial precedents relating to hospital infection cases has been judged to in fact shift responsibility over damages due to hospital infections on the patient. In light of the philosophy of the damage compensation system, whose guiding principle if the fair and proper apportionment of damages, there is a need to seek means of drastically relaxing the burden of proof on the patient's side relative to conventional legal principles for relaxing the burden of proof, or the theory of de facto estimation. In relation to such need, the German civil code (Burgerliches Gesetzbuch), which defines contracts of medical treatment as typical contracts under the civil code, and has presumption of negligence provisions stipulating that, in cases such as hospital infections which were completely under the control of the medical care providers, if risks in general medical treatment have been realized which cause violations of the life, body, or health of patients, error on the part of the person providing medical care is presumed, was examined. Contracts of medical treatment are entered into very frequently and broadly in the everyday lives of the general public, with various disputes owing thereto arising. Therefore, it is necessary to, by defining contracts of medical treatment as typical contracts under the civil code, regulate the content of said contracts, as well as the proof of burden when disputes arise. If stipulations in the civil code are premature as of yet, an option may be to regulate through a special act, as is the case with France. In the case of hospital infection cases, it is thought that 'legal presumption of negligence' relating to 'negligence in the occurrence of hospital infections,' which will create a state close to equality of arms, will aid the resolution of the realistic issue of the de facto impossibility of remedying damages occurring due to negligence in the process of occurrence of hospital infections. Also, even if negligence is presumed by law, as the patient side is burdened with proving the causal relationships, such drastic confusion as would occur if the medical care provider side is found fully liable if a hospital infection occurs may be avoided. It is thought that, alongside such efforts, social insurance policy must be improved so as to cover the expenses of medical institutions having strictly implemented efforts to prevent hospital infections in the event that they have suffered damages due to a hospital infection accident, and that close future research and examination into this matter will be required.

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Role, Change, Job Satisfaction and Obstacles in Carrying out the Role of Public Health Nurses in Health Center (보건소 보건간호사의 역할변화, 역할수행의 장애요인과 만족도)

  • Ahn, Kyeong-Sook;Jung, Moon-Sook
    • Journal of agricultural medicine and community health
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    • v.20 no.1
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    • pp.1-13
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    • 1995
  • Based on the questionnaires sent to 270 nurses of public health centers in kyungnam during the period of March 19 to April 11 in 1992, this study was written for the of finding out the grade of satisfaction, obstacles in carrying out duties concerned with nursing services and the change of nurses role needed according to the change of the local public health administration. The first-ranking tasks carried by nurses of public health center are believed to have been family planning activities before the 1970's, nursing services during the 1970's, mother-child health activities during the 1980's, and nursing services during the period of 1990 to 1992. As far as the priority order of all the family planning activities is concerned, the counseling of the insertion of intrauterine contraceptive device, the use of oral pill or the distribution of condom was placed emphasis on before 1970, and publicity activities of family planning after that time. The first priority order of mother-child health activities has been put on the registration of pregnant women since 1970, with prenatal examination and vaccination ranking next to it. The priority order for activities against tuberculosis was laid on finding out and registration of new T.B. patients every year, with patients' control, and medication or injection ranking next to it. As for the priority order of nursing services, traveling medical examination and treatment ranked the first-stressed activity before 1970, with medication and injection ranking next to it. The first priority order management activity of communicable diseases was put on vaccination before 1970, with medication and injection. ranking next. And consultation and education ranked second to it during 1990 to 1992. As for the health services of the aged, traveling examination and treatment ranked the order, with the assistance of medical examination ranking next to it. As far as troubles and obstacles shown in case of family planning, the rate of residents' lack understanding was 28.8%, that of lacking budget 13.6%, and the imperfection of public health administration system 11.9%. In the case of tuberculosis control, residents' lacking understanding was 32.5%, the deficiency of public health administration system 18.2%, over-duty(shortage of hands) 15.6%, and the insufficiency skill and know-how 13.0%. In the case of nursing services, the deficiency of public health administration system was 18.2%, each over-duty(the shortage of hands) and the shortage of facilities and equipment 15.6% respective, and residents' lacking understanding 13.0%. The rate of dissatisfaction with the chance or possibility of promotion for his or her career or capability was shown to be 49.2%, and 65.9% of the health nurses expressed their complaints of the deficiency of the chance of the promotion to a professional or expert. when the public health nurses were asked in the questionably whether they were satisfied or not with current state of equipment and facilities needed for public health service, 49.6% of them answered in the negative. The grade of the satisfaction with the current individual position was shown to be low as much as the status of his or her position was now. 37.6% of those asked in the research answered to have the readiness to switch jobs for the reasons of dissatisfaction and so on with lacking promotion chance as well as bad working condition. Significant correlation between the grade of job satisfaction and the current status of the po as found to be in this research, which showed that the lower the status of position was, the lower the grade of job satisfaction was. But little correlation between the grade of job satisfaction and his or her schooling and career was found. In order to carry out primary health care successfully, it can be said that more education and publicity activities to make public health nurses and residents see it in a new light are requested. In addition to it, it is suggested that the improvement of promotion system for public health nurses and the enlargement of job province should also be taken in consideration of the high dissatisfaction with and complaints of the chance of promotion and the system of position. In order words, it is important that considerations for system improvement enough to make nursing services pleasant and satisfactory should be taken into.

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A Study on the Relationship between Musculoskeletal Symptoms and Health Promoting Life Style among Some Workers (일부 직업인들의 근골격계 자각증상과 강증진생활양식간의 연관성에 관한 연구)

  • Kang Hong-Gu;Lee Eun-Kyoung;Jun Sun-Young;Kim Sang-Deok;Jeoung Jae-Yeal;Lee Yong-Gil;Jahng Doo-Sub;Song Yung-Sun;Lee Ki-Nam
    • Journal of Society of Preventive Korean Medicine
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    • v.5 no.2
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    • pp.40-68
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    • 2001
  • In this study, grade of subjective symptom appealed by laborer of Jeollabuk-do was evaluated using questionary regarding factor made effect on musculoskeletal disease and in addition, studied relationship with health promotion life style of them. Based on the result, relationship of general characteristics of musculoskeletal subjective symptom and life-style of the subjects was concluded as below. 1. General characteristics of study subjects were as following. Ratio of male was higher as 57.7% of male and 42.2% female and age distribution was 5.1% of 20s, 34.99% of 30s, 36.3% of 40s and 23.7% of 50s and therefore, $30{\sim}40$ aged groups showed highest ratio. Most subjects (74.9%) was married status and in case of education level, high-school graduate and dropout (23.3%) and over-college graduate (46.8%) showed highest distribution. $1{\sim}2$ Mil. KRW (29.5%) and $2{\sim}2.99$ Mil. KRW (21.2%) is the main income distribution and however there was high ratio of non-reply (29.0%). In case of employment period, $10{\sim}14$ years (15.3%) and over 15 years (29.6%) showed highest ratio and there were many non-reply (39.4%) and in addition, 67.6% replied as own house and 14.3% as lease on deposit base in question of residence type. 2. Subjects showed high ratio of subjective symptom appeal of 62.79% and many cases (50.23%) appealed 1 or 2 symptoms. Symptom by body region was 29.8% (waist), 27% (shoulder), 21.2% (knee), 15.5% (neck), 9.5% (ankle), 8.1% (wrist) and 5.0% (elbow) in order. In case of relationship with general characteristics, female comparing with male, non-residence of own house, subjects with lower education level and employment period of $10{\sim}14$ years showed higher appeal rate and kind of symptoms than others. Therefore, it was concluded that rate of musculoskeletal symptom appeal have close relationship with gender, level of living, education level, age and employment period. 3. In case of severe pain of upper body except waist and ankle, it was appealed in both or right side and it means that upper body pain is originated from right side and right region pain is transited to both region pain. In addition, there was 39.41% of non-reply to existence of right-left region pain and therefore, it was evaluated that, in may cases, there was no awareness of their own symptom condition even on subjective symptom. 4. Degree of pain was, as pain over middle level, evaluated as 2.79 on full mark of 4.0 and in order of waist (2.97), ankle (2.83), knee (2.82), wrist (2.82), neck (2.79), shoulder (2.70) and elbow (2.62). In addition, 71.97% appealed $2{\sim}3$ cases for the latest 1 week. Owing to subjective symptom, 54.95% drop into hospital or pharmacy, 10.32% made temporary retirement or absence, 7.99% transferred into more comfortable duty and $39.4{\sim}54%$ experienced one or more managing mentioned above. 5. Fulfillment of health promotion life style of subjects was evaluated on full mark of 4.0 and total score was 2.63. Average mark of each area was personal relationship (3.05), self-realization (2.92), stress management (2.63), health control (2.48), physical exercise (2.19) and nutrition management (2.19) and personal relationship was highest and physical exercise and nutrition management were lowest. As general characteristics influencing health promotion life style, gender, residence style and employment period showed significant difference. Male showed higher mark than female and showed higher mark in order of own house, others, lease on deposit base, monthly rent. Subjects with longer employment period showed higher mark with significant difference. 6. Accounting of factor influencing each area of health promotion life style, self-realization showed significance in marriage status, income, residence style and education level and health control in age, residence style and employment period. Physical exercise showed significant difference in gender, age, residence style and employment period and nutrition in gender, age, residence style and employment period. Stress management showed significant difference in residence style and employment period and however not in personal relationship. 7. Health promotion life style relating with existence and kind of pain showed significant difference in all area except personal relationship area. In absence of pain, there was statistically significant high score in all area even in total health promotion life style and all area. Accounting of kind of pain, cases of $1{\sim}2$ kinds of pain and $5{\sim}6$ kinds of pain showed relatively high score and it was lower than mark of subject stated absence of pain. 8. Subjects appeal symptom were classified by symptom region and difference of total and each areas were evaluated. General area (p=0.002), self-realization (p=0.012), health management (p=0.023), physical exercise (p=0.028), nutrition management (p=0.028) and stress control (p=0.001) showed statistically significant difference and not in personal relationship area. Especially, elbow, shoulder and neck area marked high and group appealed pain of knee, arm and elbow, foot and ankle marked low. Based on those results, subjective symptom should be accounted seriously in diagnosis of occupational musculoskeletal disease of laborer and among subjective symptom, general characteristics of gender, age, condition of living, education level and employment period make effect. Generally subject appeal symptom marked lower than subject without symptom appeal and it means that life management of subject appealing musculoskeletal pain make important role in management and treatment of occupational musculoskeletal disease.

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A Study OR Investigation of the Factors having Affect on Junior Highschool Boys관 Practice of Health Care (중학교 남학생들의 건강관리 실천과 이에 영향을 미치는 요인 조사 연구)

  • 기경숙
    • Journal of Korean Academy of Nursing
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    • v.15 no.1
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    • pp.59-75
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    • 1985
  • Accepting the health as the fundamental human right, the nation and society came to admit the duty to give it to all the people. Korean government is expanding the Primary Health Care as one of the policies for developing the people's health by the lead of community. Like this current situation the School Health Service which is the center of community Health Service schould be active to keep, promote and maintain the health of students and teachers. This investigation was attempted to help to establish the basis of the Health Education Program which would perform the health education efficiently and bring the reforming of student's health control, by measuring the degree of junior high school student's practice concerning health care and con-firming the relationship of knowledge, concern and level of health. The subjects for this study were made up 296 boys at the third grade in a school, located in Seoul. The tool for this study was questionaire. Data were collected for five days, September 22∼26, 1983. The investigators explained the students how to answer the questions of the survey questionaire and then collected the survey cards immediately. The data were analyzed by means of percentages, Pearson Correlation Coefficient and Stepwise Multiple Regression. The results of this study are as follows. 1. The subjects' reaction to the practice concerning Health Care; According to the average proportion of practice concerning health care, subjects' practice in the aspect of Infectious Disease Care is the highest 82.4% and they showed their practice in the aspect of the accident prevention by 77.5% and in the aspect of mental health by 74.8%. Their practice in the aspect of personal hygiene and daily lifehabit is the lowest 71.2%. 2. Health Knowledge; The whole mark distribution of health knowledge is ranged from the lowest 4 point to the highest, 30 point, therefore point range is 26.0. The Average point is 16.58. 11.2% of students solved more than two thirds of personal knowledge levels. 81.4% of students did more than one third of them. 7.415 of students did less than one third of them. 3. Health Concern; The Students of the average 3.99 point respond positively to the question about the health concern, ‘They think health is more important than money’, this is the highest rate. The students of the average 2.78 respond“when they are sick, they enter the appointed hospital where they own choose”, while it is the lowest. 4. Subjects' response to the health level are at follow: Very healthy 26.0%, healthy 47.0%, less healthy 10.5%, 34.9% of them have ever been sick within two weeks, the number of symptoms they reported amount to 114 and the number of cases poi one person is 0.35. 5. The hypotheses test about the practice concerning health care and the factor which effect on it. 1) The main first hypothesis:“The more knowledge of health the subjects have, the better they practice health care.”was accepted. (r=0.1582, p <0.05) 2) The minor first hypothesis:“The more interest in health subjects have, the better they practice”was accepted. (r=0.4354, p <0.001) 3) The minor second hypothesis;“The healthier subjects are, the better they practice health care”was accepted. (r=0.1069, p<0.05) As other test, partical correlation test is performed in other refine whether health knowledge, a fact influencing the students practice concerning health care, is associated with the practice after controlling the third variables. First, after controlling health concern, the correlation of health knowledge and practice concerning health care was kept. (r=0.1347, p <0.005) Second, after controlling health level, the correlation of health knowledge and practice concerning health care was kept. (r=0.1526, p <0.005) And finally, after controlling economic state, the correlation of health knowledge and practice concern-ing health care was kept. (r=0.1413, p <0.05) Additionally Stepwise Multiple Regression between practice concerning health care and variables. 1.6591 of compliance was explained with the know-ledge (F=5.584, p <0.05), 20.0% of compliance was explained with the health concern added to knowledge. (F=63,213, p <0.005) As the above, health knowledge obviously have effects on the practice about the health care. But, contrary to researcher's expectation, health concern has more affects than health knowledge. Therefore, we must grope the plan to enhance health concern through the regular curriculum and systematic health education for students. Besides, we must study further on, to find the factors which have affect on the practice concerning health care.

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A Study on the Occupational Stress, Health Status and Somatization for Dental Hygienist (치과위생사의 직무스트레스와 건강상태 및 신체화에 관한 연구)

  • Hong, Su-Min;Kim, Hee-Kyoung;Ahn, Yong-Soon
    • Journal of dental hygiene science
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    • v.9 no.3
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    • pp.295-302
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    • 2009
  • The purpose of this study is to provide fundamental data for managing occupational stress and promoting health by investigating the factors of dental hygienists' occupational stress and the relationship among occupational stress, health status and somatization. The subjects in this study are 28 dental hygienists who have worked at dental clinic in the metropolitan area. The findings of this study are as follows: 1. The average age of the subjects is 25.1 and the average working career is 42.8 months. 8-9 hours is the most frequent average working time as 55.5% and a 6-day workweek appears most frequently with 33.8%. 2. The total average of occupational stress is 45.24 points and out of the seven sub-factors, job demand is the highest as 56.17 points. 3. A group of working at dental university hospitals scores significantly high and a group of working over 10 hours per day scores significantly low in health status (p<0.05). 4. A group of a 5-day workweek. night and holiday duty scores 18.64 which is significantly high in somatization(p<0.05). 5. Occupational stress have slightly negative correlation (-.341, p<0.01) with health status and slightly positive correlation (.330, p<0.01) with somatization. There is a strong, negative correlation between health status and somatization(-.762, p<0.01 ). 6. Health status and somatization have a slightly positive correlation with every other sub-factor of occupational stress except job self-control.

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A Study on Constituents of the New Apprenticeship Concept for the Promotion of Industrial Growth Potential (산업 성장잠재력 제고를 위한 신도제제도의 개념 요소에 대한 연구)

  • Yin, Zi Long;Rho, Tae Chun;Choi, Won Sik
    • 대한공업교육학회지
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    • v.38 no.1
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    • pp.1-27
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    • 2013
  • The purpose of this study was to find out the areas and their constitute elements of new apprenticeship through the expert of vocational education to improve the growth potential in the field of industry. Through the three times Delphi research process final composing areas and elements(total 6 areas and 41 sub-elements) of new apprenticeship were extracted. Followings are specific study results of 41 sub-elements for the 6 areas. In area A(Technology Skill aspect) total nine sub-elements were deducted as follows. Technology skill's field appling ability, new technology skill's acquisition, quality assurance ability, research development ability, material management using ability, problem solving ability, core technology skill understanding ability, idea's imagery expressing ability, creative design ability. In area B(Institutional aspect) total five sub-elements were deducted as follows. Flexible human material support, precise division of works, objective result assessment, institutionalization of responsibilities and liabilities between teacher and student, institutionalization of duty invention reward. In area C(Affective aspect) total eight sub-elements were deducted as follows. Manners and cooperation between teacher & student and peer, values for job, basic attitude for technology, job ethic sense, respect of other organization, active action to organization change, attitude of technology successor, service mind. In area D(Self-improvement aspect) total nine sub-elements were deducted as follows. Self evaluation and reflection, cultivate of organization understanding, career planning and developing ability, sound philosophy of life, communication ability, decision making ability, prepare of individual competence enhance system, self-control ability improvement, reaction of unexpected situation. In area E(Knowledge aspect) total four sub-elements were deducted as follows. Basic knowledge of relevant area, knowledge of new technology & preceding technology, fusion and relocation of knowledge, practical knowledge. In area F(Environmental aspect) total six sub-elements were deducted as follows. Awareness of business environment, understanding of education and practice environment, understanding of apprenticeship's business demand, connectivity of region community, adapt ability of labor market's change, awareness of society environment change.

Effect of Mediating Variable on the Relationship between Job Stress and Stress Response among Clinical Dental Hygienists (임상치과위생사에서 직무스트레스와 스트레스 반응에 있어 매개요인의 영향)

  • Choi, Ja-Hyeong;Choi, Jun-Seon
    • Journal of dental hygiene science
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    • v.14 no.2
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    • pp.114-122
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    • 2014
  • The purpose of this study was to analyze the effect of mediating variables on the relationship between job stress and stress response. A survey was conducted to 243 clinical dental hygienists from January 15, 2013 to March 20, 2013 and the data were analyzed using t-test, one-way ANOVA, Pearson's correlation analysis, and hierarchical multiple regression analysis. The subjects who worked in poor working environment, had high level of role conflict and overload and aggressive nature showed high stress responsivity (p<0.01). The variable that showed mediation effect on the relationship between job stress and physical discomfort, depression was shown to be personality type (p<0.05). Also, the variable that showed mediation effect on the relationship between job stress and turnover intention was social support (p<0.05). According to the results, personality type and social support were shown to be important parameters when it came to the relationship between job stress and stress response. Therefore, in order to reduce negative outcomes caused by stress, it is suggested to provide an educational opportunity on self-control management while increasing social support from the organizational and structural level. Especially, it is asked to expand the system that provides encouragement and recognition to feel the sense of achievement in the course of their duty execution.

A Study on the Consciousness of the Environment Pollution Problem in Pohang City (환경문제에 관한 시민의식 조사 - 통합후 포항시민을 대상으로 -)

  • Ha, Yeong-Gil;Park, Kyung-Min;Kwon, Young-Sook
    • Journal of agricultural medicine and community health
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    • v.21 no.1
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    • pp.61-73
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    • 1996
  • This study conducted to determine the attitude on environment pollution by Pohang city citizens. 1,059 Pohang city citizens in the age group 20 and over were chosen and surveyed by officials's interview at Up, Myun and Dong during the period 6 September to 20 September 1995. The issue problems to be solved in Pohang city were traffic control 47.3%, environment pollution 22.7%, cultural institutions 11.6%, water service 9.9%, education system 5.1% and community security 2.1%. The 55.1% of subjects responded that responsibility for environment pollution is every citizens duty. The trash from houses were 'garbage'(48.1%), 'waste of life'(21.8%), 'reuse trash'(15.6%) and 'one use thing'(14.5%) in order. The 66.9% of subjects responded that the trash's standard envelopes can be easily tear and its texture is not good. The respondents sometimes or often had experienced foreign bodies, sediment in the water service supply. The 45.9% of the respondents use natural water as drinking water, and the water service supply(26.7%), underground water(17.0%) and buying water(9.3%) were followed. Pertaining to the air pollution(by percent) was pollution of the steel industry complex 78.0%, combustive gas 16.6% and construction dust 1.7%. The respondents at southern district complained of respiratory tract by air pollution and the respondents at northern district complained of the visual disturbance and the offensive odor(P<0.05). Water pollution problem is factory's wastewater 56.2%, home wastewater 36.4% and livestock's wastewater 5.6% in order. The respondents at southern district complained of the noise pollution by airplanes and factories at the afternoon and the respondents at northern district complained of the noise pollution by vehicles(P<0.05).

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Limitations on Exclusive Rights of Authors for Library Reprography : A Comparative Examination of the Draft Revision of Korean Copyright Law with the New American Copyright Act of 1976 (저작권법에 준한 도서관봉사에 관한 연구 -미국과 한국의 저자재산권의 제한규정을 중시으로-)

  • 김향신
    • Journal of Korean Library and Information Science Society
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    • v.11
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    • pp.69-99
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    • 1984
  • A dramatic development in the new technology of copying materials has presented us with massive problems on reconciling the conflicts between copyright owners and potential users of copyrighted materials. The adaptation to this changing condition led some countries to revise their copyright laws such as in the U. S. in 1976 and in Korea in 1984 for merging with the international or universal copyright conventions in the future. Copyright defined as exclusive rights given to copyright owners aims to secure a fair return for an author's creative labor and to stimulate artistic creativity for the general public good. The exclusive rights on copyrightable matters, generally for reproduction, preparation of derivative works, public distribution, public performance, and public display, are limited by fair use for scholarship and criticism and by library reproduction for its preservation and interlibrary loan. These limitations on the exclusive rights are concerned with all aspects of library services and cause a great burden on librarian's daily duty to provide balance between the rights of creators and the needs of library patrons. The fair use as one of the limitations on it has been coupled with enormous growth of a new technology and extended from xerography to online database systems. The implementation of the fair use and library reprography in Korean law to the local practices is examined on the basis of the new American copyright act of 1976. Under the draft revision of Korean law, librarians will face many potential problems as summarized below. 1. Because the new provision of 'life time plus 50 years' will tie up substantial bodies of material longer than the old law, until that date librarians would need permissions from the owners and should pay attention to the author's death date. 2. Because the copyright can be sold, distributed, given to the heirs, donated, as a whole or a part, librarians should chase down the heirs and other second owners. In case of a derivative work, this is a real problem. 3. Since a work has its protection from the moment of its creation, the coverage of copyrightable matter would be extended to the published or the unpublished works and librarian's work load would be heavier. Without copyright registration, no one can be certain that a work is in the public domain. Therefore, librarians will need to check with an authority. 4. For implementation of limitations on exclusive rights, fair use and library reproduction for interlibrary loan, there can be no substantial aggregate use and there can be no systematic distribution of multicopies. Therefore, librarians should not substitute reproductions for subscriptions or purchases. 5. For the interlibrary loan by photocopying, librarians should understand the procedure of royalty payment. 6. Compulsory licenses should be understood by librarians. 7. Because the draft revision of Korean law is a reciprocal treaty, librarians should take care of other countries' copyright law to protect foreign authors from Korean law. In order to solve the above problems, some suggestions are presented below. 1. That copyright clearinghouse or central agency as a centralized royalty payment mechanism be established. 2. That the Korean Library Association establish a committee on copyright. 3. That the Korean Library Association propose guidelines for each occasion, e.g. for interlibrary loan, books and periodicals and music, etc. 4. That the Korean government establish a copyright office or an official organization for copyright control other than the copyright committee already organized by the government. 5. That the Korean Library Association establish educational programs on copyright for librarians through seminars or articles written in its magazines. 6. That individual libraries provide librarian's copyright kits. 7. That school libraries distribute subject bibliographies on copyright law to teachers. However, librarians should keep in mind that limitations on exclusive rights are not for an exemption from library reprography but as a convenient access to library resources.

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The Violation of Medical law and liability of tort regarding National Health Insurance Service (NHIS) - Supreme Court 2013. 6. 13 Sentence 2012Da91262 Ruling, 2015. 5. 14 Sentence 2012Da72384 regarding the Judgment - (의료법 위반과 국민건강보험공단에 대한 민법상 불법행위책임 - 대법원 2013. 6. 13. 선고 2012다91262 판결, 2015. 5. 14. 선고 2012다72384 판결을 중심으로 -)

  • Lee, Dong Pil
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.131-157
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    • 2015
  • NHIS claimed for damages to doctors that by doing the treatment breaching medical insurance criteria caused by doctors, NHIS paid for medicine cost to pharmacy; as a result, the doctors caused the tort to NHIS. Following consecutive rulings afterwards, NHIS also argued that the medicine cost violating medical law or medical treatment expense paid to medical organizations are both the tort in civil law. NHIS claimed for all the damages, and the Supreme Court confirmed this judgment. However, within our national health insurance system, the subject of insurance payment is NHIS and the subject of medical treatment expense are also NHIS since the treatment expense is also insurance payment by asking the treatment to medical organizations. Further, national health insurance law is not made to control the violation of medical treatment cases; therefore, the breach of medical law cannot be covered by illegality of tort in civil law regarding NHIS. If that is the case, in the case that if the patients are treated according to treatment criteria via the doctors delegated the doctors' permission by Health and Welfare minister, NHIS acquired the benefits to remove the duty to give treatment payment to doctors in civil law; thus, even though the doctors have breached the medical law, NHIS does not have any damages. The fact that supreme court confirmed the ruling that the treatment is the tort in civil law towards NHIS is the judgment not counting the benefits of insurance payment as the subject but only considering the fact that NHIS paid to the doctors and this ruling have gone against the principle under civil code section 750. If the doctors have breached the medical law, the case should be sanctioned by medical law not national health insurance law, and the ruling of supreme court is assumed that they have confused both with the principle of national health insurance law and civil law.

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