• 간호행정학회지
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• 제5권1호
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• pp.113-136
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• 1999

There are some new trends in judgments concerning medical malpractice. which include emphasis on medical professionals' explanation duty in order to materialize patient's rights of self-determination. Now, patient is not a mere subject of medical and nursing care any more, but a subject, participating in medical practice on equal terms with medical professionals. Legal accountability is no limited to nurses in advanced practice: it is a recognized fact of life for every practicing nurse. whether she is an RN employed as a staff nurse in a hospital, a Certified Nurse-Midwife in independent practice or a patient's home. Therefore, it is essential for nurses to be as familiar as possible with the legal guidelines that govern their patient care responsibilities. However there are only a few studies focused on nursing negligence. To define nurse's civil liability in medical malpractice, it is necessary to indentify both legal nursing behaviors and nurse's due care in those nursing behaviors. So this paper focused on nurse's due care, especially in nursing malpractice. To clarify nurses' due care. chapter II has focused on nursing behavior and the scope of nursing practice based on the medical law and health care related study results. Chapter III deals with the content and scope of nurse's due care. Generally. negligence is defined as not doing something which a resonable person. guided by those ordinary considerations which or dinarily regulate human affairs. would do. or doing something which a resonable and prudent man would not do. Next. it describes how we can set the standard of due care in nursing practice. There is objective factors and subjective factors. And we also discuss about the limitation of due care in nursing practice. Finally. chapter IV deals with the case studies related to nursing negligence in the situation of determination. Now', patient is not a mere subject of medical and nursing care any more, but a subject participating in medical practice on equal terms with medical professionals. Legal accountability is not limited to nurses in advanced practice; it is a recognized fact of life for every practicing nurse. whether she is an RN employed as a staff nurse in a hospital. a Certified Nurse-Midwife in independent practice or a patient's home. Therefore, it is essential for nurses to be as familiar as possible with the legal guidelines that govern their patient care responsibilities. However. there are only a few studies focused on nursing negligence. To define nurse's civil liability in medical malpractice, it is necessary to identify both legal nursing behaviors and nurse's due care in those nursing behaviors. So this paper focused on nurse's intravenous injection. post operation nursing care. blood transfusion. and patient nursing care. The result of this paper is as follows. First. there are several cases dealing with nurse's negligence in nursing practice. however, those cases didn't judge nurse's due care based on individual -specific standard but general-objective standard. Second, there is a tendency to put an emphasis on the principal of belief to distinguish who has the liability in the case of medical malpractice among medical care team. So nurses shoud practice nursing care more actively to protect themselves and patients because there is an effort to form professional nurse system and the scope of nursing practice will be deeper and broader. Third, standard of care is a necessary element in establishing negligence. If a nurse is able to meet the standard of care, no breach will be found.

• 경영과정보연구
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• 제24권
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• pp.73-75
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• 2008

The purpose of this study is to propose the human resource management strategies of non-standard workers that can contribute to accomplishing both corporate social responsibility and business purpose in efficient and effective ways. For the purpose, this researcher investigated circumstances under which Korean companies are using non-standard workers and systems related to those workers. In Korea, the Non-Standard Workers Protection Act was enacted and revised, and became effective on July 1, 2007. The main provisions of the act are as follows. First, the systems of discriminatory treatment prohibition was legally stipulated, Second, restrictions on overwork for fixed-term and part-time employees and the written statement of working conditions were compelled. Third, only 26 kinds of jobs were permitted for worker dispatch in accordance with positive list system. To achieve their business purpose, companies often use standard workers, but sometimes non-standard workers unavoidably in accordance with their business strategy. This study propose main human resource management strategies of non-standard workers such as determining the scope of jobs, strengthening legal and systematic human resource management, improving human relations, extending the grievance procedure and converting non-standard workers into standard ones.

• 한국항해항만학회지
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• 제34권3호
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• pp.251-255
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• 2010

해양사고는 민사법상의 손해배상, 형법상의 책임의 귀속 및 행정상의 제재와 같은 여러 가지 법적 책임 문제를 야기한다. 어떠한 행위에 의하여 결과가 발생하였다고 하여 바로 책임귀속이 되는 것은 아니다. 이러한 책임의 전제로서 해양사고를 야기한 행위와 그 결과 발생사이에 인과관계가 문제된다. 해양사고에 있어서 그 원인 규명은 해양이라는 사고 발생 장소, 증거확보의 어려움, 사고 발생시와 조사 시점과의 시간차 등으로 어려움이 많다. 그러나 정확한 원인 규명은 유사 사고 방지와 책임 소재를 가리는데 매우 중요한 요소이다. 인과관계를 논리학적으로 보면 무한히 확산 가능한 개념이지만 책임귀속에 있어서는 이를 제한할 필요성이 있다. 따라서 이 논문에서는 인과관계 이론을 바탕으로 해양사고에서의 인과관계를 검토하여 책임귀속의 합리적인 판단 기준을 논증한 것이다.

• 정보관리연구
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• 제43권1호
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• pp.1-22
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• 2012

도서관 기준은 도서관의 사명과 목적, 이용자서비스, 운영관리 등에 대한 기본 방향을 제공하고, 도서관이 수행하는 각종 서비스와 프로그램을 측정 평가할 수 있는 준거로 활용할 수 있다. 또한 도서관이 중장기 계획을 수립하고, 목표수준을 설정할 때, 근거자료가 될 수 있다. 국내에서도 관종별 도서관 기준이나 법적인 기준을 마련하여 이의 활동을 위한 도구로 활용하고 있다. 그러나 한국도서관기준은 오랜기간 동안 개정되지 못하여 현재의 도서관 환경을 반영하기 어려우며, 법적인 기준도 그 내용이 매우 미미하여 최소한의 기준으로도 작동하지 못하고 있는 실정이다. 이에 본 연구는 주요국가의 전문도서관 기준과 국내의 관련 기준들을 분석하여 현재의 도서관 환경을 반영할 수 있는 직원, 장서, 시설 기준의 개정방향을 제시하였다.

• 한국산업보건학회지
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• 제31권4호
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• pp.417-426
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• 2021

Objectives: The purpose of the Act is to comprehensively consider the legislative notice of the Enforcement Decree of the Serious Accidents Punishment Act for each important issue in terms of system, content, and execution. Methods: We examine the legislative notice of the Enforcement Decree of the Serious Accidents Punishment Act in-depth from the perspective of the effectiveness of disaster prevention, consistency of the legal system, and harmony with legal principles. Results: The proposed Enforcement Decree of the Act on the Punishment of Serious Accidents hardly resolves the uncertainties of the law, and there are many aspects that are unclear in the enforcement ordinance itself and that do not comply with constitutional principles. As a result, it is judged that it is difficult to for it to serve as an accident prevention standard due to its low predictability and that it will be difficult to achieve effectiveness in accident prevention. Conclusions: Ultimately, the law itself should be extensively reorganized in order to ensure universal and sufficient effectiveness, including the abolition of the Serious Accidents Punishment Act. In the short term, even the Enforcement Decree of the Act should be reorganized and supplemented in accordance with the law and safety principles.

• 한국사회복지학
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• 제61권3호
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• pp.5-28
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• 2009

본 연구는 국민기초생활보장법상 보충성 규정의 법 원리적 성격을 규명하고자 하였다. 보충성은 그 기능의 측면에서 적극적 의미와 소극적 의미의 양면성을 가지기 때문에 그것이 도입된 법규범의 특성에 따라 다르게 해석 적용된다. 요컨대, 그것의 소극적 의미는 국가권력의 자의적 남용을 제한하여 시민의 자유를 보장하는 것이므로 형법 등 사회통제 규범에서는 타당한 기능이 되지만, 사회보장법 특히 공공부조에서는 사회국가(복지국가)원리에 따라 국가의 개입에 의한 지원과 예방책이 요구되므로 보충성원리의 적극적 의미가 타당하게 된다. 그러므로 국민기초생활보장법상 보충성원리는 적극적 의미로 해석 적용될 때 생존권적 기본권 보장에 순기능을 하게 되며, 법적 안정성도 가지게 된다.

• Journal of the Korean Association of Oral and Maxillofacial Surgeons
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• 제43권5호
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• pp.318-323
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• 2017

Objectives: Mandibular angle reduction or reduction genioplasty is a routine well-known facial contouring surgery that reduces the width of the lower face resulting in an oval shaped face. During the intraoral resection of the mandibular angle or chin using an oscillating saw, unexpected peripheral nerve damage including inferior alveolar nerve (IAN) damage could occur. This study analyzed cases of damaged IANs during facial contouring surgery, and asked what the basic standard of care in these medical litigation-involved cases should be. Materials and Methods: We retrospectively reviewed a total of 28 patients with IAN damage after mandibular contouring from August 2008 to July 2015. Most of the patients did not have an antipathy to medical staff because they wanted their faces to be ovoid shaped. We summarized three representative cases according to each patient's perceptions and different operation procedures under the approvement by the Institutional Review Board of Seoul National University. Results: Most of the patients did not want to receive any further operations not due to fear of an operation but because of the changes in their facial appearance. Thus, their fear may be due to a desire for a better perfect outcome, and to avoid unsolicited patient complaints related litigation. Conclusion: This article analyzed representative IAN cutting cases that occurred during mandibular contouring esthetic surgery and evaluated a questionnaire on the standard of care for the desired patient outcomes and the specialized surgeon's position with respect to legal liability.

• 대한한의학원전학회지
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• 제27권4호
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• pp.181-198
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• 2014

Objectives : This study was to analyze definitions of herbal medicinal preparations, crude drug preparations, and new drugs from natural products in the relevant laws and regulations, understand the related problems, and propose directions for improvement. Methods : I analyzed the legal definitions in respect of herbal medicinal preparations, crude drug preparations, and new drugs from natural products in relevant laws and regulations since 1945, explained the problems, and suggested the solution-considering the academic stance of Traditional Korean Medicine and the dualistic medical and pharmaceutical system. Results : Regarding the current laws and regulations that are relevant to herbal medicinal preparations, we should 1) clarify the boundaries between the duty of physicians and that of pharmacists, 2) limit the principles of Korean Medicine as well as the contents of the related textbooks, 3) find a way to protect the intellectual property rights for herbal medicinal preparations, and 4) establish a separate standard for drug classification regarding herbal medicinal preparations. In case of crude drug preparations, we should 1) clarify the meaning and limitations of the phrase, "the point of view of Western medicine," and 2) establish a classification standard for drugs that are used in Korean Medicine and clarify the boundaries between herbal drug preparations and crude drug preparations. Furthermore, laws and regulations apropos of new drugs from natural products do not actually fit the concept of "new drug," and due to subordinate laws, a supplement to a new drug submission is contradictorily misclassified as a new drug from natural products. Conclusions : The problems of legal definitions of herbal medicinal preparations, crude drug preparations, and new drugs from natural products have emerged in the process of giving approval to drugs that are made of herbs and natural products under the dualistic medical and pharmaceutical System. Laws and regulations that differentiate the process of approving herbs that are used in Korean Medicine and the others should be established.

• 무역상무연구
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• 제12권
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• pp.133-162
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• 1999

The international sale transaction is in essence a sale of goods and presents all those commercial and legal problems in any sale of goods. As a result, A International sales contract imposes several duties on the parties : the seller must deliver the goods and transfer ownership in them, while the buyer must pay the price and take delivery of the goods. However, there are several problems which impede a active transaction between seller and buyer who have their places of business in other countries each other. Therefore, It is necessary to provide the concept on the conformity of goods in the Int'l Sale of Goods. Especially, In our consideration for the point of time when defects occurs, the existence of non-conformity of goods should be judged on the basis of time of delivery rather than time of contract. Moreover, The burden of proof about nonconformity of goods is another fact which make an international dispute between the contractual parties in an international trade. Thus, The consistency in the interpretation of law must be maintained betweened the warranty and seller's liability. In the Uniform Commercial Code and UN Convention, non-conformity of contract is made of contract liability. And in our civil and commercial law provisions of warranty should be understand as the special ones of the provisions of general non-performance of obligation liability. As a result, More concrete study of them is required because they may have a great influence especially on international trade. As a result, We should be our best in finding a helpful and systematic structure that the dualistic structure of nonperformance of obligation liability and warranty liability must be unified by studying the theories of English and American warranty and our legal system, as well as international practice and usage being used in an international trade.

• 대한안전경영과학회지
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• 제13권2호
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• pp.259-266
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• 2011

Project owner, asbestos removal specialist, experts on asbestos removal work, as counter parts to be defined in the study to make out research goals have been asked with questionnaire survey and replied with 65, 275, 32 cases, respectively. And additionally, direct interview 73 sheets have been collected to find out current status of required engineers and equipments assigned and provided to the field, from them, three(3) concerned parties. Questionnaire subjects are composed of common items, reasonable unit cost, need of separate contract-awarding system, status of performing standard contract, status of providing legal engineers and equipments. Concentrated review of two~three questions by subject has been made to find out and compare idea results between three(3) concerned parties. First, legal and practical work status survey have been made to determine reasonability of introducing separate contract-awarding system, as a part of ensuring reasonable unit work cost. And then, two different status have been compared and there is introduction possibility of separate contract-awarding system, it is found out. The possibility of separate contract also has been confirmed by comparison of domestic legal grounds. Justificating grounds to introduce separate contract-awarding system have been shown. Standard contract status between asbestos removal specialists has been compared using two cases of providing removal work contract and receiving it. It is shown that case of 50 percent or less contains 38.5% when they receive contract, but only 10 percent reduction of original contract amount has been made when they provide it. It means that asbestos removal specialists do not keep occupational safety and health regulations.