• Title/Summary/Keyword: Hypothetical consent

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Physician's Duty to Inform Treatment Risk: Function, Requirements and Sanctions (의사의 위험설명의무 - 법적 기능, 요건 및 위반에 대한 제재 -)

  • Lee, Dongjin
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.3-32
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    • 2020
  • Under the Korean case law, physicians are obliged to disclose or inform the risk associated with a specific treatment to their patients before they perform the treatment. If they fail to do this, they are liable to compensate pain and sufferings. If the patient can establish that he or she would not have consented at all to the treatment had he or she been informed, the physicians are liable to compensate all the loss incurred by the treatment. In this article, the author examines the legitimacy of this case law from the perspective of legal doctrine as well as its practical affect on the medical practice and the furtherance of self-determination of the patient. The fundamental findings are as follows: The case law that has physicians who failed to inform treatment risk compensate pain and sufferings for the infringement of the right of self-determination seems to be a disguised and reduced compensation of all the loss based on the possible malpractice, which cannot be justified in view of the general principles of tort liability. It is necessary to adhere to the requirements of causation and imputation between the failure to inform treatment risk and the specific patient's consent to the treatment. If this causation and imputation is established, all the loss should be compensated. Otherwise, there shall be no liability. The so-called hypothetical consent defence shall be regarded as a part of causation between the failure to inform and the consent. The suggested approach can preserve the essence of physician-patient relationship and fit for the very logic of informed consent better.

The Legal Issue in the Recent South-North Korean Naval Engagement: An Appraisal on The North Korean Theory of the Sea Demarcation Line in the Western Sea. (남해사태: 남북한 해상경계에 관한 북측 주장의 법적문제)

  • 김영구
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.5 no.2
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    • pp.125-139
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    • 1999
  • Thanks to the fact that the 1953 Korea Armistice Agreement does not have any clear provisions on the sea demarcation line, the North Korea insists that the sea demarcation line in the Yellow Sea Area should not be the NLL designated by the Commander in Chief. UN Command, unilaterally, but the hypothetical extention of the Latitude Parallel from the end of the provincial boundary line between Whanghae-do and Kyongki-do In those unique situations at the end of the Korean War, the cease-fire line on the part of the western sea area, a logically indispensable element of the contents of an armistice agreement, however has formed and crystallized by the act of the UN Command designating the NLL. In implementing the South-North Korean Basic Relations Agreement, a fair and clear common consent on the sea demarcation line in the western sea area should be deliberated.

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Factors Affecting on Organizational Commitment of Airline Flight of Crew in Convergency Society: Focus to Safety, Working Condition and Organizational Justice (융복합 사회에서 민간 항공사 운항승무원의 조직몰입 결정요인: 안전, 근무조건, 조직공정성을 중심으로)

  • Noh, Yo-sup
    • Journal of the Korea Convergence Society
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    • v.6 no.4
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    • pp.55-64
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    • 2015
  • The purpose of this study is to analyze the relationship between the safety, working condition and the organizational commitment among crews members of airline companies in Korea. The data were collected from 230 employees of the a private airline company who gave their informed consent and completed a self-reported questionnaire in November, 2014. A structural equation model was established. The fitness of the hypothetical model was adequate (${\chi}^2=88.424$, df=48, RMR=0.044, GFI=0.940, CFI=0.964, NFI=0.926, IFI=0.965). Analysis of the hypothetical model demonstrated that effects of safety, working condition were significantly correlated with organizational justice and organizational commitment. The results of this study indicate that it is necessary to develop a safety program and working condition to encourage better organizational commitment of the pilot, leading to a brighter future for domestic airline business.

A Structural Equation Modeling on Reproductive Health Promoting Behavior of Unmarried Women: Based on the Theory of Planned Behavior (계획된 행위이론을 기반으로 한 미혼여성의 생식건강증진행위 구조모형)

  • Ji, Eun Mi;Choi, So Young;Je, Nam Joo
    • Women's Health Nursing
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    • v.22 no.4
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    • pp.210-220
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    • 2016
  • Purpose: The purpose of this study was to construct and test a structural equation modeling on the reproductive health behavior of single women with sexual experiences. This study employed Ajzen's Theory of Planned Behavior (TPB). Methods: The data were collected after receipt of consent from 250 single women with sexual experiences, and analyzed using SPSS 18.0 and AMOS 18.0. Results: Model fit indices for the hypothetical model were suitable for the recommended level: $x^2=362.407$, RMR=0.065, RMSEA=0.070, GFI=0.867. TLI=0.927, CFI=0.938, IFI=0.939, and $x^2/dF=2.237$. Intention showed direct effect with the biggest effect being on reproductive health behavior. Attitude, subjective norm and perceived behavioral control were found to have a direct effect on intention. Among them, perceived behavioral control revealed the largest influence. Conclusion: This study suggests that the TPB is a suitable model in explaining the reproductive health behavior of single women with sexual experience. Strategic plans for educational and intervention programs should be aimed to encourage single women to engage in reproductive health behavior.

Association Between Vertebrobasilar Insufficiency and Cervicogenic Headache: Hypothetical Approach Towards Etiopathogenesis of Headache

  • Kaur, Aninditya;Rakesh, N.;Reddy, Sujatha S.;Thomas, Nithin;Nagi, Ravleen;Patil, Deepa Jatti
    • Journal of Oral Medicine and Pain
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    • v.45 no.4
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    • pp.97-109
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    • 2020
  • Purpose: Cervicogenic headache (CGH) is pain referred to the head/ face from the structures in vicinity of upper cervical spinal nerves via trigeminocervical pathway. Ponticulus Posticus (PP) and Elongated Styloid Process (ESP) are anatomical structures that cause compression of vasculature present around upper cervical nerve plexus. Recently, computational fluid dynamics (CFD) has shown to play an essential role in identification of these high-pressure zones in the brain. The aim of this research is to study the association of ESP and PP in patients with CGH and to develop a hypothesis by CFD to analyse vertebrobasilar insufficiency as a contributing factor in occurrence of CGH. Methods: Retrospective analysis of 4500 full skull CBCT scans was done for the presence of partial or complete PP and length of Styloid Process (SP). Research was divided into two phases; In first Preliminary Phase, 150 scans that showed the presence of PP and ESP were analysed, and only 134 patients gave consent to fill the questionnaire containing 96 question items pertaining to symptoms associated with CGH. In the second phase, simulation of Vertebral and Carotid Artery was done using Fluent 14.5 Software and by CFD, pressure distribution on arteries was obtained that helped to identify high pressure regions. Results: Both PP and ESP showed a statistically significant association with CGH (p<0.001). By CFD analysis, both steady and transient phases of simulation showed drop in pressure due to constriction of internal carotid and vertebral artery by ESP and PP respectively and were found to decrease the volume of blood reaching the brain, 0.12 /0.13 mL and 0.06 mL respectively. Conclusions: Our analysis proves ESP and PP as contributing factors towards CGH. Hence for proper diagnosis and management of headache disorders, clinicians should have adequate knowledge about these anatomical structures and their resulting clinical symptoms.