• 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.

• Proceedings of the Korean Society of Postharvest Science and Technology of Agricultural Products Conference
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• 2002.08a
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• pp.54-63
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• 2002

Post-harvest technology for rice was focused on in-bin drying system, which consists of about 100, 000 facilities in 1980s. The modernized Rice Processing Complex (RPC) and Drying Storage Center (DSC) became popular for rice dry, storage, process and distribution from 1990s. However, the percentage of artificial drying for rice is 48% (2001) and the ability of bulk storage is about 15%. Therefore it is necessary to build enough drying and bulk storage facilities. The definition of high quality rice is to satisfy both good appearance and good taste. The index for good taste in rice is a below 7% of protein, 17-20% of amylose, 15.5-16.5% of moisture contents and high concentration of Mg and K. To obtain a high quality rice, it is absolutely needed to integrate high technologies including breeding program, cropping methods, harvesting time, drying, storing and processing methodologies. Generally, consumers prefer to rice retaining below b value of 5 in colorimetry, and the whiteness, the hardness and the moisture contents of rice are in order of consumer preference in rice quality. By selection of rice cultivars according to acceptable quality, the periods between harvesting time and drying reduced up to about 20 days. Therefore it is necessary to develop a low temperature grain drying system in order to (1) increase the rate of artificial rice drying up to 85%, (2) keep the drying temperature of below 45C, (3) maintain high quality in rice and (4) save energy consumption. Bulk storage facilities with low temperature storage system (7-15C) for rice using grain cooler should be built to reduce labor for handling and transportation and to keep a quality of rice. In the cooled rice, there is no loss of grain quality due to respiration, insect and microorganism, which results in high quality rice containing 16% of moisture contents all year round. In addition, introducing a low temperature milling system reduced the percentage of broken rice to 2% and increased the percentage of head rice to 3% because of proper hardness of grain. It has been noted that the broken rice and cracking reduced significantly by using low pressure milling and wet milling. Our mission for improving rice market competitiveness goes to (1) produce environment friendly, functional rice cultivars, (2) establish a grade standard of rice quality, (3) breed a new cultivar for consumer oriented and (4) extend the period of storage and shelf life of rice during postharvest.