• Title/Summary/Keyword: Labor Safety and Health

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Review of 2015 Major Medical Decisions (2015년 주요 의료판결 분석)

  • Yoo, Hyun Jung;Lee, Dong Pil;Lee, Jung Sun;Jeong, Hye Seung;Park, Tae Shin
    • The Korean Society of Law and Medicine
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    • v.17 no.1
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    • pp.299-346
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    • 2016
  • There were also various decisions made in medical area in 2015. In the case that an inmate in a sanatorium was injured due to the reason which can be attributable to the sanatorium and the social welfare foundation that operates the sanatorium request treatment of the patient, the court set the standard of fixation of a party in medical contract. In the case that the family of the patient who was declared brain dead required withdrawal of meaningless life sustaining treatment but the hospital rejected and continued the treatment, the court made a decision regarding chargeable fee for such treatment. When it comes to the eye brightening operation which received measure of suspension from the Ministry of Health and Welfare for the first time in February, 2011, because of uncertainty of its safety, the court did not accept the illegality of such operation itself, however, ordered compensation of the whole damage based on the violation of liability for explanation, which is the omission of explanation about the fact that the cost-effectiveness is not sure as it is still in clinical test stage. There were numerous cases that courts actively acknowledged malpractices; in the cases of paresis syndrome after back surgery, quite a few malpractices during the surgery were acknowledged by the court and in the case of nosocomial infection, hospital's negligence to cause such nosocomial infection was acknowledged by the court. There was a decision which acknowledged malpractice by distinguishing the duty of installation of emergency equipment according to the Emergency Medical Service Act and duty of emergency measure in emergency situations, and a decision which acknowledged negligence of a hospital if the hospital did not take appropriate measures, although it was a very rare disease. In connection with the scope of compensation for damage, there were decisions which comply with substantive truth such as; a court applied different labor ability loss rate as the labor ability loss rate decreased after result of reappraisal of physical ability in appeal compared to the one in the first trial, and a court acknowledged lower labor ability loss rate than the result of appraisal of physical ability considering the condition of a patient, etc. In the event of any damage caused by malpractice, in regard to whether there is a limitation on liability in fee charge after such medical malpractice, the court rejected the hospital's claim for setoff saying that if the hospital only continued treatments to cure the patient or prevent aggravation of disease, the hospital cannot charge Medical bills to the patient. In regard to the provision of the Medical Law that prohibit medical advertisement which was not reviewed preliminarily and punish the violation of such, a decision of unconstitutionality was made as it is a precensorship by an administrative agency as the deliberative bodies such as Korean Medical Association, etc. cannot be denied to be considered as administrative bodies. When it comes to the issue whether PRP treatment, which is commonly performed clinically, should be considered as legally determined uninsured treatment, the court made it clear that legally determined uninsured treatment should not be decided by theoretical possibility or actual implementation but should be acknowledged its medical safety and effectiveness and included in medical care or legally determined uninsured treatment. Moreover, court acknowledged the illegality of investigation method or process in the administrative litigation regarding evaluation of suitability of sanatorium, however, denied the compensation liability or restitution of unjust enrichment of the Health Insurance Review & Assessment Service and the National Health Insurance Corporation as the evaluation agents did not cause such violation intentionally or negligently. We hope there will be more decisions which are closer to substantive truth through clear legal principles in respect of variously arisen issues in the future.

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A Study on the Improvement of Flexible Working Hours (유연근로시간제 개선에 대한 연구)

  • Kwon, Yong-man;Seo, Ei-seok
    • Journal of Venture Innovation
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    • v.4 no.2
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    • pp.97-108
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    • 2021
  • Labor contracts appear in form as an exchange relationship between labor products and wages, but since they transcend the level of simple barter, they can be economically identified as "trading" and can be identified as "rental." From a legal point of view, a legal device that legally supports and imposes binding force on commodity exchange relations is a contract. Such a labor contract led to a relationship in which wages were received and a certain amount of time was placed under the direction and supervision of the employer as a counter benefit to the receipt of wages. Since working hours are subordinate hours with one's labor under the disposition authority of the employer, long hours of work can be done for the health and safety of workers and furthermore, it can be an act that violates the value to enjoy as a human being. The reduction of working hours needs to be shortened in terms of productivity and enjoyment of workers' culture so that they can expand and reproduce, but users' corporate management labor and production activities should also be compatible compared to those pursued by capitalist countries. Working hours can be seen as individual time and time in society as a whole, and long hours of work at the individual level are reduced, which is undesirable at the individual level, but an increase in products due to an increase in production time at the social level can help social development. It is necessary to consider working hours in terms of finding the balance between these individual and social levels. If the regulation method of working hours was to regulate the total amount of working hours, flexibility and elasticity of working hours are a qualitative regulation method that allows companies to flexibly allocate and organize working hours within a certain range of up to 52 hours per week. Accordingly, it is necessary to shorten working hours, but expand and implement the flexible working hours system according to the situation of the company. To this end, it is necessary to flexibly operate the flexible working hours system, which is currently limited to six months, handle the selective working hours by agreement between employers and workers, and expand the target work of discretionary working hours according to the development of information and communication technology and new types based on the 4th industrial revolution.

A Study on the Effects of Health Behavior upon Health Status in Some Old People (일부 노인의 건강행동이 건강상태에 미치는 영향)

  • 김정원;김초강
    • Korean Journal of Health Education and Promotion
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    • v.14 no.1
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    • pp.73-95
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    • 1997
  • Elderly problem from being aging society, especially health related problem of the elderly is very serious in many parts of this country. The reason is that most of geriatric disease are chronic and debilitating. The cause of chronic and debilitating disease are bad lifestyle and wrong health habit. Health is affected by a result of interaction of environment and human being. Because of difference of lifestyle between a city and a farm village, health behavior and health status of urban elderly and rural elderly may be dissimilar. Thus the purpose of this study was to grasp health behavior and health status, to identify the factors that effect on health status of the elderly. The subfects for this study, 488 persons aged 60 and over who live in Seoul or Cheonbuk Province. The preliminary survey was carried out from Aug. 19, to Aug. 22, 1996. With complement of questions, main survey was carried out from Sep. 29, to Oco. 10, 1996. The data was analysed by using in SPSS/PC+ program. The results were as follows. 1. General Characteristics 1) In the individual characteritics of the respondents, Seoulites aged 80 and over were 24.7%, the average age was 73.14 years old and rural residents aged 60-69 were 63.7%, the average age was 68.90 years old. In Seoul, 142 men and 101 women were respondents. In Cheonbuk Province, 101 men and 144 women were answered. In Seoul, those who graduated form elementary school were 35.4%, in farming region, illiteracy persons were 44.9%. In Seoul, 47.7% of respondents had spouse and in farming village, 66.1% of respondents had spouse. 39.0% of respondents who's imcome type was independent were Seoulite, and 66.1% of respondents who's income type was independent were rural residents. Employed persons in Seoul and in rural region were 16.9% and 62.0%. 2. Health Behavior 1) For the health behavior total score, the difference by region was not statistically significant. But the score of individual item was different and statistically significant. 2) For the Seoulites, younger person(p〈0.01), the female(p〈0.001) showed better health behavior and for the farming village residents, younger person(p〈0.01), the female(p〈0.01), independent income type(p〈0.05), employed person(p〈0.05) showed better health behavior. 3. Health Status 1) For the self-rated health status total score, the difference by region was statistically significant and individual item score was different and statistically significant. For ADL and IADL total score, the difference by region was not statistically significant, but individual item score was different and statistically significant. 2) For the Seoulites, woman(p〈0.05), lower education(p〈0.00l), independent income type(p〈0.05) showed higher score in self-rated health status. For rural residents, woman(p〈0.05), lower education(p〈0.01), independent Income type(p〈0.001) showed higher score in self-rated health status. For the Seoul residents, younger person(p〈0.001), employed(p〈0.05) showed higher score in ADL and IADL, and for the farm area residents, younger person(p〈0.001), higher education(p〈0.01), having spouse(p〈0.001), family type(p〈0.01) showed higher score In ADL and IADL. 3) For the Seoulites, drinking(p〈0.05), breakfast(p〈0.05), exercise(p〈0.05) and for the rural residents, drinking(p〈0.05), deep sleeping(p〈0.05), exercise(p〈0.01), washing hands before meal(p〈0.01) showed higher score In self-rated health status. For the Seoulites, deep sleeping(p〈0.05), exercise(p〈0.05) and for the farm village residents, fruit(p〈0.05), deep sleeping(p〈0.05), exercise(p〈0.001) showed higher score in ADL and IADL. We carried out this study to analyze the effectiveness through health education program in short term which was performed to use the special subject activities. This study was conducted on 63 students who were first grade in S Junior High School from Dec. 1995 to Feb. 1996. To analyze the effectiveness, we performed the Pretest, 1st Posttest, and 2nd Posttest for learned health knowledge. The results were as follows: 1. Most of the students(69.8%) responded that their health were good, and they got the information for health through Mass Com.. The students who had experience of health education were 15.9%, and the 77.8% of the respondents needed the health education. 2. The means of health knowledge on tests were 18.2(Pretest), 21.5(1st Posttest), and 21.4(2nd Posttest). Increase of health knowledge between Pretest and 1st Posttest was 10.9%. 3. The mean of differences between Pretest and 1st Posttest was 3.26, it was significant(p〈0.01). And the mean of differences between Pretest and 2nd Posttest was 3.19, it was significant(p〈0.01);however, the mean of differences between 1st Posttest and 2nd Posttest was not significant(p=0.2514). 4. The significant main contents were Health Facilities(d=0.42), Pregnancy and Labor(d=0.39), Hygiene(d=0.35), Safety Education(d=0.66), and Drug Abuse(d=0.60)(p〈0.01).

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A Review on the Performance Criteria of Equipment Required for Asbestos Removal (석면 해체.제거 작업에서 사용되는 장비의 성능 기준에 관한 고찰)

  • Lee, Naroo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.23 no.3
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    • pp.212-221
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    • 2013
  • Objectives: Asbestos fibers are accumulated in negative pressure unit (NPU) or vacuum cleaner in asbestos removal. Failure of operation or poor use performance of the NPU or vacuum cleaner causes asbestos fibers to spread in the air. Asbestos contractors should have an NPU fitted with a HEPA , vacuum cleaner, decontamination area, respirators, wetting equipment, and differential pressure manometer to register with the Ministry of Employment and Labor. There should be performance criteria of equipment used in asbestos removal. But there are none such criteria used in asbestos removal. This study was performed to investigate international or national performance criteria of equipment used in asbestos removal. Methods: Regulations, approved code of practice, guidance and national standards of the UK, USA and Korea were reviewed. A survey was done to investigate the requirements for equipment used in asbestos removal in Korea. Results: Air flow of NPUs used in Korea usually covers from$500m^3/h$ to over $3000m^3/h$. Some requirements for NPUs used in Korea were missing compared to the requirements of British standards for NPUs. All NPUs have different missing requirements. The UK also has separate British standard for leak tests for NPUs. Highly hazardous class vacuum cleaners should be used in asbestos removal in the UK. It has national standards on the operation of vacuum cleaners used in asbestos removal. There is only a certification system for less than 2.5kw rated voltage vacuum cleaners for home use in Korea. Powered (-assisted) respirators with mask are recommended in asbestos removal. Type 5 coveralls should be used in asbestos removal in the UK. There are international standards for requirements and leak tests of type 5 coveralls. A manometer for measuring differential pressure is needed in asbestos removal. The manometer's measuring range should cover less than ${\pm}125$ Pa and the gradation of manometer should be less than 2.5 Pa. The definition of decontamination area should be corrected. Installation of airlock and minimum area should be considered in decontamination area. Conclusions: Equipment should be used in asbestos removal proper performance and no leaks. There should be a certification system for equipment used in asbestos removal. This study can help to a certification system for equipment used in asbestos removal in Korea.

Assessment of Dental Noise Environment of a Pediatric Dentist (소아치과의사의 치과 소음 환경에 대한 평가)

  • Cho, Hyeonmin;Kim, Ik-Hwan;Cho, Seunghyun;Song, Je Seon;Lee, Jaeho
    • Journal of the korean academy of Pediatric Dentistry
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    • v.48 no.2
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    • pp.209-220
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    • 2021
  • The noise is defined as unwanted sound that causes discomfort and physical changes. This study was conducted to evaluate intensity of noise in the pediatric dental clinic and to investigate noise environment of a pediatric dentist. Human ear shaped microphone and mobile noise level meter were used for recording noise and calculating intensity of noise. By recording according to the method specified by Korea Occupational Safety and Health Agency (KOSHA) of Korea Ministry of labor and employment, the following results were obtained. For 16 experimental days, 8 hour time weighted average (8hr-TWA) was 49.33 dBA (A-weighted deci-Bell) on daily average with maximum 58.54 dBA and minimum 33.97 dBA. And Dose was 0.49% on daily average with maximum 1.28%, minimum 0.04%. These values are less than criteria of KOSHA standard (85 dBA, 100%). Comparing the highest noise level for each patient, pulp therapy group and Frankel grade I group were the highest. The intensity of dental noise of pediatric dental clinic didn't meet standard of KOSHA. It is necessary to re-evaluate noise environment by establishing new standards considering environment of pediatric dental clinic.

Evaluation of Filtration Performance Efficiency of Commercial Cloth Masks (시판되고 있는 유사마스크 제품의 여과효율성능 비교평가)

  • Jang, Ji Young;Kim, Seung Won
    • Journal of Environmental Health Sciences
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    • v.41 no.3
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    • pp.203-215
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    • 2015
  • Objectives: This study was designed to evaluate the filtration efficiencies and pressure drops of five commercial cloth masks (4 plate type, 1 cup type) in comparison to the performance of a class 1 disposable respirator (reference respirator). A further objective was to evaluate the effects of the number of layers and wash treatment independently on filtration efficiencies and pressure drops. Methods: Polydisperse NaCl aerosols were generated in an aerosol chamber and their concentrations were measured by an optical particle counter (OPC) in the size range of $0.3{\sim}10{\mu}m$ (five channels). Results: The filtration efficiencies of the five cloth masks and the reference respirator were D: 9.5%, C: 18.5%, E: 23.6%, A: 28.5%, B: 29.7% and R: 91.1%, respectively, and the pressure drops through them were C, D: 0.8 Pa, E: 1.7 Pa, B: 6.4 Pa, A: 42.7 Pa and R: 19.3 Pa, respectively. The filtration efficiencies of the cloth masks and reference respirator were below the class 1 respirator criterion (${\geq}94.0%$) of the Ministry of Employment and Labor (MOEL) and Ministry of Food and Drug Safety (MFDS). The pressure drops satisfied the class 1 respirator criterion (${\leq}70Pa$) of MOEL and MFDS. When the cloth masks were folded into two and four layers, the filtration efficiencies of cloth masks A, B, C, D (plate type) increased 1.7-4.6 times, and 2.3-6.8 times, respectively, compared to the efficiencies of the same products in a single layer. Pressure drops increased as the number of layers was increased. The filtration efficiency of cloth mask E with a liner was 1.3 times higher than that of the same mask without a liner, and the pressure drop was lower in the no-liner configuration. After a single washing, the filtration efficiencies of all the cloth mask products decreased 1.04-4.0 times compared to those of the same products intact. For the cloth masks C and E, their filtration efficiencies were significantly decreased after washing (p<0.05). The pressure drops of all cloth masks were 1.2-2.0 times lower after washing. Conclusions: The filtration efficiencies of the five cloth masks were below 30% and did not improve greatly by increasing the number of layers. After a single washing, their performances decreased. Considering the above and other issues identified with cloth masks, such as poor fit and stretched fibers through use, people should not expect protection against particulate matters from the cloth masks on the market.

The Effect of Job Characteristics and Health on Accident Experience according to Age of Transportation Workers (운수업근로자의 연령에 따른 직무특성 및 건강이 사고경험에 미치는 영향)

  • Kwon, Mi-Hwa;Lee, Jae-Shin
    • The Journal of the Korea Contents Association
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    • v.19 no.5
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    • pp.350-362
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    • 2019
  • The purpose of this study was to examine the effects of job characteristics and health on accident experience by analyzing the data of transportation workers according to age. The analysis used data from 'the fourth Korean Working Conditions Survey(KWCS)'. A total of 1,997 transport workers data were finally analyzed, and correlation analysis, crossover analysis and logistic regression analysis were performed. It was confirmed that there was no correlation between the age of the transport workers and the accident experience. In the relationship between the characteristics of transportation workers and the experience of the accident, it was found that, in the case of older workers, there was a significant effect in the order of 'at mistake someone else hurt', 'musculoskeletal problem', 'cardiovascular problem' and 'repetitive movements of hands or arms', the model explaining power was 56.9%(p <.01). In the case of non-older workers, it was found that 'depression and anxiety disorder', 'relationship between job and safety', 'at mistake someone else hurt' and 'labor union', the model explaining power was 21.8%(p <.01). Therefore, in order to promote prevent accidents of transportation workers in future, it is necessary to consider various variables such as health and job characteristics besides age.

The Social Support of the Handicaped in Industrial Accident Compensation Insurance (산업재해 장애인의 사회적 지지에 관한 연구)

  • Lee, Hyun-Joo;Oh, Jin-Joo;Choi, Jeong-Myung;Hyun, Hye-Jin;Yoon, Soon-Nyung
    • Korean Journal of Occupational Health Nursing
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    • v.12 no.1
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    • pp.80-88
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    • 2003
  • Rehabilitation has emerged in recent years as major topic for the handicaped in industrial accident compensation insurance(IACI). Specially social support helps the handicaped adjust themselves psychosocially to handicap. This study was conducted to examine different contents and perceived social support, and provide guidlines for specific and proper rehabilitation for the handicaped of IACI. This study is a descriptive study which were collected through two phases using structured questionnaire. In the first stage, surveys were performed via telephone interviews. In the second stage, surveys were performed via home-visit subjects in the first stage included the handicaped of IACI. Finally data were collected from 338 subjects and analyzes by SPSS/PC+10. The instruments of this study were the perceived social support scale which developed by Lee(1996). These scales in the form of 5-point Likert type, consists of 20 items, including 3 subscales of emotional support, informational support, instrumental support. The mean score of social support was 57.2, emotional support 21.0, informational support 21.2 and instrumental support 15.2. The mean of depression for psychosocial factors is 37.5. Threre were significant differences in total perceived social support; age, job status, handicaped degree in IACI, post-traumatic complication and use of instrument. Emotional support was significant differences; age, number of dependent family, job status, handicaped degree in IACI, use of instrument and depression. Informational support was significant differences; job status, posttraumatic complication, use of instrument and depression. Instrumental support was significant differences; sex, job status, handicaped degree in IACI, use of instrument, and depression. The current system of the Labor Welfare institute is not appropriate for solving health problems of the handicaped in IACI. Therefore, it is necessary to develop the plan which can provide the handicaped in IACI high-quality rehabilitation services, so that they must use those services in the community without being dependent on hospitals. This study proposes home visit nursing services as the way to provide various health services within community for the handicaped in IACI.

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A Study on Purchase Patterns and Recognition of Processed Foods in Elementary. Middle and High School Meal Service Dietitians (초.중.고 학교급식에 따른 영양사의 가공식품 이용실태와 인지도 조사)

  • Rho, Jeong-Ok;Chong, Yu-Kyung;Jung, Su-Jin;Cha, Youn-Soo
    • Korean Journal of Human Ecology
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    • v.10 no.2
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    • pp.63-75
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    • 2007
  • The results of this study on Purchase Patterns and Recognition of Processed Foods of School Meal Service Dietitians of elementary, junior and senior high schools in Chonbuk and Deagu Area are as follows : First, the rate of single cooking of the schools surveyed is 100% in Deagu and 66.9% in Chonbuk, and Chonbuk has more small-meal service schools which caused a higher labor cost than Deagu, Secondly, schools in Deagu has purchased not completely processed vegetables and fish and shells than Chonbuk, and Chonbuk(66.9%) has served more Kim-chi products than Deagu(41.6%). Thirdly, nutritional effects and preference have been considered as school dietitians make plans for the menu. Fourthly, the opinions of the school dietitians about processed food are in the order of high sodium content, convenience and the use of preservative, and Chonbuk has responded positively to the articles of future oriented quality, cooking usage and variety while Deagu has thought of it as an economical. The expected effects from the use of processed foods are in the order of saving labor time and student preferences. Fifthly, meat products have been frequently used and more frozen meat products have been used in Deagu and senior high school than Chonbuk and elementary and junior high schools, last, preferences on processed food are in the order of frozen sea food, noodles. dried sea food, processed vegetable and fruit, dairy goods and others. Senior high school dietitians have preferred packed meat products and other frozen processed food more than elementary and junior high school dietitians. The rate of serving processed food had a different depending on the number of students. In this study, dietitians recognize the harmful effects of processed foods over the merits, which means that the rate of using processed food is low. The proper usage of processed foods is thought to improve the preference of students, to have cooking time shortened and to help manage the meal service sanitarily and efficiently. Therefore, companies producing processed foods should do their best to develop safety and health oriented foods to gain the credibility, and the government should make new regulations for people to purchase and obtain processed foods without any doubt.

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Life History of the Socially Isolated Male Elderly Living Alone (남성 독거노인의 생애사를 통해 본 사회적고립)

  • Lim, Seung Ja
    • 한국노년학
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    • v.39 no.2
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    • pp.325-345
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    • 2019
  • The purpose of this study is a exploratory study for understanding the process of the social isolation of the socially isolated elderly through the approach to their life history. The research was analyzed by one of the methods of qualitative research on life history, the conceptual framework of 'Dimensions, turning, and adaptation' of Mandelbaum(1973). According to the results of this study, the socially isolated elderly people were found to be socially isolated by experiencing complex difficulties such as family disconnection, poverty, poor job and health deterioration. Specifically, in the area of life, there was experience of poor relationship with parent, absence of family, poverty of family and unfavorable relationship with surrounding people in life with original family before isolation. They had bad jobs in the labor market, such as hard labor, delivery, business, and chores. In the area of turning point, we experienced family break due to the separation of the original family and the spouse due to various reasons such as financial crisis, parental divorce and death, spouse affair, economic difficulty. In a transitional stage in the life, many reasons such as the financial crisis, the death of parents, the extramarital affair and economic difficulties led to the disconnection from their original family and their spouses. In an adaptive phase, participants accepted the changed life at each turning point in their lives, carrying out their roles, compromising and trying to adapt properly. He said that their current life, which has entered the social safety net system of the people's basic recipients, has led him to live a more stable life and is adapting to personal hobbies and vicarious satisfaction through networks. This result is somewhat different from previous studies in which isolated elderly people were severely exposed to the risk of depression and loneliness. However, we should also consider the characteristics of this study that interviewed elderly people with relatively low isolation. Based on the results of this research, he presented various practical policy implications.