• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.163-207
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• 2020

Korea has been positioned as the leading country in the industry of clinical trials as the clinical trail of Korea has developed for the recent 10 years. Clinical trial has plays a significant role in the development of medicine and the increase of curability. However, it has inevitable risk as the purpose of the clinical trial is to prove the safety and effectiveness of new drugs. Therefore, the clinical trial should be controlled properly to protect the health of the subjects of clinical trial and to ensure that they exercise a right of self-determination. In this context, the fiduciary duties of doctors who conduct clinical trials is especially important. The Pharmaceutical Affairs Act and the relevant regulations define several duties of doctors who conduct clinical trials. In particular, the duty to protection of subjects and the duty to provide information constitute the main fiduciary duties to the subjects. Those are essentially similar to the fiduciary duties of doctors in usual treatment from the perspective of the values promoted by the law and the content of the law. Nonetheless, clinical trials put more emphasis on the duties to provide explanation than in usual treatment. Further research and study are required to establish the concrete standard for the duty of care. However, if the blind pursuit of higher standards for the duty of care or to pass the burden of proof to doctors may result in disrupting the development of clinical trials, limiting the accessibility of patients to new treatment and even violating the principle of sharing damage equally and properly. In addition to these duties, the laws of clinical trials define several duties of doctors. Any decision on whether the violation of the law constitutes the violation of the fiduciary duty and justifies the demand for compensation of damages should be based on whether relevant law aims to protect the safety and benefit of subjects, even if in an incidental way, the degree to which such violation breaches the values promoted by the law and the concrete of violation of benefit of law, the detailed acts of such violation. The legal interests of the subjects can be protected effectively by guaranteeing compliance with those duties and establishing judicial and administrative controls to ensure that the benefit of subjects are protected properly in individual cases.

• Journal of Practical Agriculture & Fisheries Research
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• v.20 no.1
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• pp.19-34
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• 2018

This study was initiated because many studies would be necessary to promote Korean ginseng products when the sales of Korean ginseng are declining and many Korean ginseng farmers are facing economic difficulties. The increase in domestic sales is important, but this study is targeting for foreigner's perceptions of Korean ginseng and how to improve the products. The goal of this study is to analyze how to increase their purchase intentions of Korean ginseng products. Questionnaire survey research methods were used to learn more about making certain improvements to ginseng products, consumers are hoping, how affect their perceptions and purchase intentions of Korean ginseng, as well as how foreigners' perceptions of Korean ginseng products affects purchase intentions. Because it's difficult to find any studies about foreigner's Korean ginseng purchase intentions, the survey was expanded to include how people take care of their health, the accessibility of purchasing ginseng products, psychological factors as well as consumer characteristics, satisfaction with Korean ginseng, and intentions of buying Korean ginseng products. The result of the analysis on how making certain desired improvements to and perceptions of Korean ginseng products affect purchase intentions indicated that Korean ginseng perceptions highly affected the purchase intentions; however making certain improvements to ginseng products showed a low impact on the purchase intentions. In other words, making certain improvements, such as convenience of the ginseng products, doesn't affected Korean ginseng purchase intentions directly. On the other hand, it showed that the usefulness, its high quality, and safety trust of Korean ginseng have a big impact on purchasing intentions. If the ginseng that is grown and processed in Korea is better promoted for its high value, the Korean ginseng farmers who are facing many economic difficulties will be able to raise their income.