• Journal of Korean Medical classics
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• v.21 no.4
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• pp.179-191
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• 2008

Yuchang(喩昌), prominent doctor in the early days of Cheong Dynasty, argued in favor of Daegiron(大氣論) and Chujoron(秋燥論). He referred the concept of Daegi(大氣) to the initiatory force that maintains and perpetuates the vital activities of human body. The historical background of his argument can be related to the abuses of the doctrine of warming and tonifying. At that time, the practice of misusing warming and tonifying herbal medicines without deteriorations of a case was widespread among doctors. Dryness and heat disease mechanism was triggered from this malpractice. Subsequently Yuchang(喩昌) witnessed many cases of lung diseases resulting from dryness and heat. That's why he suggested relieving dryness of the lung as a treatment, further establishing Daegi(大氣) - which correlates with the lung - as the vital fundamentals. Yuchang(喩昌)'s argues that the autumn energy emanates after the Autumn Equinox and that is what Chujo(秋燥) signifies in Chujoron(秋燥論). He articulates that most of the autumn diseases can be attributed to fire and heat. This argument is distinguished from the one that attributes lung diseases to coldness, thus providing an important factor in deteriorating a lung disease.

• The Journal of Korean Academic Society of Nursing Education
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• v.13 no.2
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• pp.143-154
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• 2007

Purpose: The purpose of this study was to identify the clinical practice experiences of nursing students who completed the courses of nursing curricula in college. Method: The data was collected using a questionnaire with 191 task elements in 8 nursing standards specified by the Korean Nurses Association(2003), from December 2004 to January 2005. Three hundred thirty-three nursing students from five three-year and five four-year colleges of nursing were selected for respondents. Result: The nursing activities which over 70% of the students had performance experiences with were 23 items(12.04%) practiced frequently in clinical settings, simple, low in malpractice risk and noninvasive in characteristic. In addition, the nursing activities which under 30% of students had performance experiences with were 87 items(45.55%). The nursing activities which over 70% of students had only observation experiences with were 20 items(10.47%). Also, the nursing activities that over 30% of students didn't have any experiences with were 19 items(9.95%) not frequently seen in the clinical setting. Conclusion: It is concluded that the students are not fully qualified as the new nurses of the future. Therefore, every effort to develop a more effective clinical nursing education in school, clinical settings and in students themselves is needed.

• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.163-187
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• 2011

On March 11, 2011, the Korea National Assembly finally passed the bill on the Damage Relief on the Medical Malpractice and Mediation for Medical Dispute. One of the features of this Act is including "The Subrogation Payment System for Damage (abbreviated SPSD)". This System is that 'Korean Medical Dispute Mediation-Arbitration Board' pays the damages, instead of the health care provider, for the patient who isn't paid damages by the health care provider despite of the Mediation or ruling. The purpose of this study is to search the problems and make improvement on SPSD. This System was introduced extreamly to the patients in order to induce them to the mediation. However,there remains several problems. In this articles, I have examined thoroughly the legal issues on SPSD. There are legal issues about the methods and ratio of the financial burden. In this connection, wide discretionary authority has been granted to administrative agencies specifically. On this account, this System clearly contains elements of a violation against the Constitutional Law. Moreover, this System can be broadly applied to the case of court ruling or the Korea Consumer Agency's mediation. But these measures go against the aim of legislation that the medical dispute can be resolved through the mediation or arbitration by this Act. In the end, these problems must be revised through the additional discussion.

• Journal of Korean society of Dental Hygiene
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• v.15 no.5
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• pp.881-887
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• 2015

Objectives: The purpose of the study was to investigate the awareness toward the informed consent in the dental hygienists and the patients before treatment. Methods: A self-reported questionnaire was completed by 200 dental hygienists and 200 dental patients in Changwon after explaining the purpose of the study from June 15 to September 15, 2014. The questionnaire was developed as two types for the dental hygienists and the patients. The questionnaire consisted of general characteristics of the subjects, awareness toward the informed consent before treatment, and experience before the treatment. Results: In the necessity of informed consent, 49.5% of dental hygienists and 72.0% of the patients answered that informed consent is very necessary. In the written informed consent, 33.3% of dental hygienists and 54.9% of the patients answered that the dispute can always happen during treatment. Conclusions: The informed consent is recognized as a defensive means for medical malpractice. For the sake of the dental hygienists and the patients, mutual respect and compromise is the very important factor.

• The Korean Society of Law and Medicine
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• v.8 no.1
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• pp.215-234
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• 2007

The mission of the doctors is to take care of human life, body and health through the medical behaviors such as diagnosis and treatment. Under this job propensity, the doctors have care duty to take the best actions required to prevent the risk according to the patients' specific disease status. Such care duty of the doctor may be evaluated based on the medical behavior level at the medical institution and clinical medical study field. Such medical level should be understood in the normative level, considering the treatment environment, condition and specialty of the behavior, because it means the medical common sense known and acknowledged to the normal doctors. While the criminal suit requires the evidence for no doubt conviction, the civil suit requires more eased different standard. The results between the criminal and civil sentence may be different, because the confirmed former case may lead to long-term imprisonment and even death penalty, while the latter case puts only monetary penalty on the defeated party.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.11-34
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• 2014

Promulgation of the medical practice rule without specific definition in Medical Law has brought about many constitutional issues. The major issue is that the law has the government punish unlicensed medical practice without defining what it is. Instead, the law chooses a license-centered structure of criminal punishment for medical malpractice, saying "no one can practice medicine without the government-approved license." This regulation violates the rule of "void for vagueness" based on the principle of "nulla poena nullum crimen sine lege." Judicial interpretation should be required for a citizen to understand the Medical Law provision intuitively. In addition, the law infringes upon the freedom of occupation of the unlicensed and the licensed who wish to extend his or her practice area for "holistic medicine." The central issue of the law is that it was established under no ground of professionalism even though medical practice has been understood professional. The government has centrally controlled the medical field for its needs. Lastly, the current law violates the right of medical selection of the consumers of medicine. Because patients have the right of health and life, they have to hold the latitude of selection for medical treatments. Especially, they should have an opportunity for considering the Complementary and Alternative Medicine if they want. But under the current rules, this medicine is not permitted. To correct those problems, a new provision for the definition of medical practice should be adopted at once.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.317-343
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• 2014

In order to account for whether a doctor should indemnify damages resulted from violation of duty of care, the fact that a doctor violated duty of care, that damages were incurred, and the link between violation of duty of care and damages incurred, respectively, should be verified. So even though a doctor violated duty of care to patients, he or she will not bear the responsibility to indemnify damages unless it is not verified. If a doctor's negligence in medical practices is assessed that obviously unfaithful medical practice far exceeds the limit of admission of a patient, it will not go against people's general perception of justice or law and order to constitute a medical malpractice itself as an illegal action that will require liabiliy for damage. However, when the limit of admission is set too low, a patient's benefit and expectation of proper medical treatment can be violated. In contrast, if the limit of admission is set high, it can leave too little room for doctors' discretion for treatments due to a bigger risk of indemnification for damages. Thus, a reasonable balance that can satisfy both benefit and expectation of patients and doctors' right to treatment is needed.

• Journal of Digital Convergence
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• v.10 no.4
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• pp.243-250
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• 2012

This study proposes new protocol protecting patients' personal record more safely as well as solving medical dispute smoothly by storing the record not into a computer server in hospitals but into the National Health Insurance Corporation computer server. The new protocol for electronic medical record is designed using RSA public key algorithm and DSA digital signature. In addition, electronic medical record systems are built up with more safety and reliability through certificate authority. The proposed medical information systems can strengthen trust between doctors and patients. If medical malpractice occurs, the systems can also provide evidence. Furthermore, the systems can be helpful to reduce medical accidents. The systems could be also utilized efficiently in various applied areas.

• Quality Improvement in Health Care
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• v.5 no.1
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• pp.140-150
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• 1998

A mailed survey with structured questionnaire was conducted to study the demand of private physicians who were operating their own clinics in the community to be a attending physician at the general hospital. The responding proportion was 21.6 percent of the 960 private physicians. A total of 207 responders; 65.2 percent wanted to be a attending physician. In particular, the physicians who were male, young, surgeon and teaching hospital careered after specialist were more highly motivated. The major activities what they wanted as a attending physician were medical care for the admission patients. They responded that the hospital charges for the medical services and the responsibility of malpractice issues should be fairly shared by attending physician and hospital according to their contributions. There is growing consensus that the need of attending physician at the general hospital will become wide spread, but little organizational preparation to assure the quality of medical care of attending physicians including training of resident physicians and students. In addition, the effective reimbursement system should be develop to compensate appropriately according to the medical achievement of the attending physicians.

• Journal of Physiology & Pathology in Korean Medicine
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• v.20 no.6
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• pp.1749-1762
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• 2006

Medical disputes are increasing year by year in korean medical institutions as the frequency of patient's visiting korean medical institutions goes high and the reliability relations between korean medical doctors and patients are getting worse than the past. Frequently occurring accidents in korean medical acts fall into some categories such as medical treatment of acupuncture${\cdot}$moxibustion${\cdot}$cupping, korean herbal medication, korean medical physical therapy, wrong diagnosis. Frequently occurring accidents include these cases. Infection due to improper treatment process of acupunctrue or wet-cupping ; skin-burns caused by moxibustion, infrared therapy or haet therapy ;toxic hepatitis or kidney dysfunction induced by herbal medication ; progression of disease or missing of opportunity of timely transfer because of wrong diagnosis. It will prevent medical accidents to a great extent for korean medical doctors to have scientific diagnostic techniques and lab. test results at hand in korean medical institutions.