• Health Policy and Management
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• v.22 no.3
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• pp.315-346
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• 2012

The legal relationship between patient and physician is legally equal relationship. But, in times past, patients be compelled to sign an unequal contract, substantially. Because of the imbalance between supply and demand in the health care market. Today, the law of supply and demand in the health care market is running well. And as the cognition of citizens' rights grows, the relationship between patient and physician can also get a lot of changes. Patients have the right to know the information about medical care, and to decide whether or not to get treatment including invasions against their own bodies. In other words, Doctors have an obligation to explain to their patients. If doctors did not provide patients sufficient explanation or information, it violates the right of patients. This is a tort, or a breach of contract. To improve the remedy for violation of patient's right, patient is able to be protected by status as consumer. If patient is a kind of consumer in terms of medical consumption, he/she as consumer can enjoy supplementally the consumer's right. The patient as a consumer can exercise now a consumer's right as a constitutional right. In addition, with respect to consumer's rights, Framework Act on Consumers was enacted. This Act is based on constitutional provisions of Article 124 and the Act can be seen as a law that embodies consumer right because the provision of the constitutional law delegates specific contents. In the health care field, patients need to win recognition the statue of the consumer to hold the sovereignty of the consumer. In particular, if patients are consumers, they may be able to make good use of the quickly and efficiently collective dispute resolution and association lawsuit to rescue their damage, the Alternative Dispute Resolution(ADR) of Framework Act on Consumers.

• Fire Science and Engineering
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• v.17 no.4
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• pp.42-56
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• 2003

This research made a survey to 119 EMT laying stress on general contents connected with job in a frame of mutually organic cooperation system between the processes, composing Emergency Medical Care Transportation Policy in Korea, as a step before hospital, of happening emergency patients, 119 first-aid service of the spot, transportation of patients, construction of communication network etc.. As a result of analysis to that, it is found that there must be systematic devices which makes EMT not to be caught on medical dispute, a modernization of emergency equipments, professional first-aid agents, a proper personnel arrangement. Consequently, it suggests policy plan focusing on structural and functional aspect to improve an Emergency Medical Care Transportation system into a realistic one.

• Journal of Haehwa Medicine
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• v.10 no.2
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• pp.41-71
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• 2002

The purpose of this paper is to infer the effects on the separation of pharmacy and clinic in the oriental medicine, the unification of the medical system and the medical and pharmaceutical system, etc. from the conflict between the oriental medicine doctors and the pharmacists in 1990s. The results are as follows. 1. The oriental medicine doctors, the pharmacists and a private organization(Citizen's Coalition for Economic Justice) found the solution in the conflict nongovernmently as the government failure. 2. The conflict brought about directly the separation of pharmacy and clinic in the western medicine but the opposite effect in the oriental medicine. 3. The conflict brought about the continuance of the dual medical system. 4. In the part of the medicine, citizen's organizations stated to play their part in the dispute. This is a positive side in the conflict. 5. The conflict contributed to democratization in the medical market and the medical world.

• The Korean Society of Law and Medicine
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• v.8 no.1
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• pp.137-177
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• 2007

The medical expenses review system in Korea has developed under fee-for-service system with its own unique structure. The importance of reviewing medical expenses has been emphasized, as the size of medical expenditures moving through the health insurance legal context and its weight in the national economy have increased very rapidly. It is, however, analyzed that the feuds and arguments continue among the stakeholders for the lack of laws supporting the medical expenses review system. The medical expenses review is a series of administrative procedures, deciding whether claims from medical care institutions to the insurer are legal and valid or not. It mainly controls the increase of unnecessarily excessive health insurance claim and prevents fraudulent claim and abuse and checks the less use or unsuitable use of medical resources. It also works a function guarantees medical benefits for the appropriate treatment according to the object of health insurance system as a social insurance scheme. The dispute on legal base of the medical expenses review is about the source of law in the medical expenses review. There are the Health Insurance Act and administrative laws as jus scriptum and the guidelines of review as administrative orders. The medical expenses review should reflect various factors, such as the development of medical healthcare technologies, the health expenditures distribution, the financial situation of the health insurance, and the evaluation on the level of appropriate benefits. It is also likely to adapt to the traits of characters of medicine, and trends and transition, Besides it should judge the legality and the validity of medical benefits expenditures by synthesizing these all factors. And the evaluation system of appropriateness of medical benefits was administrative procedure which was consecutive with reviewing the medical expenses system and it was intended to make up for the result of reviewing the medical expenses in more comprehensive levels.

• Journal of Arbitration Studies
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• v.28 no.4
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• pp.43-59
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• 2018

This study aims to review various efforts required by medical institutions to prevent medical accidents in advance and to suggest the necessity of introducing liability insurance for medical accidents based on cases abroad and compulsory professional indemnity insurance at home. Over the past five years between 2013 and 2017, the number of inquiries regarding medical accidents and medical disputes has increased by 11.1 percent from 36,099 to 54,929, and the number of mediation and arbitration for medical disputes has increased by 14.3 percent from 1,304 to 2,225. Since some medical accidents even cause social problems, a compulsory insurance system for the liability of medical institutions for damages need to be introduced to promptly compensate the victims of medical accidents and to ensure compensation by medical personnel. In Korea, a system is in place to provide compensation for a client who suffers an accidental damage after receiving professional services, regardless of whether or not the professional service provider can provide compensation. In major foreign countries, a medical liability system is in place that is applied either by the principle of liability with fault, or the principle of liability without fault. In this study, the cases of compulsory insurance and semi-compulsory insurance in the US and Japan to which the principle of liability with fault is applied, as well as the case of New Zealand to which the principle of liability without fault is applied, were examined. It is necessary to urgently introduce the compulsory insurance system for the liability of compensation to prevent medical disputes and to compensate for the life and physical damages of the victims of medical accidents in domestic medical institutions. Doing so is expected to ensure fair compensation for the victims of medical malpractice and compensation by medical personnel, thereby improving medical practice.

• Journal of Arbitration Studies
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• v.26 no.1
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• pp.73-87
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• 2016

Activation Plan for International Health Care through the Resolution of Medical Disputes with Foreign Patients. The field of international health care is currently being expanded and developed into the new industrial field of medical tourism through the convergence of medicine - a public sector - and tourism - a private sector. This study examines problems with medical law regarding the prevention of medical disputes that may occur when attracting foreign patients and the resolution of these disputes. It also introduces the current most ideal resolution plan for medical disputes. Advanced measures for the prevention of medical disputes with foreign patients are as follows: First, when conducting international health care, the obligation to explain a medical treatment should be applied at higher standards for foreign patients. Second, all medical treatment procedures, including appointments, treatments, discharge, post-operation consultations, and follow-up treatments of foreign patients should be charted and recorded. A checklist regarding precautions for each procedure along with a response manual for problems should also be established. These regulations can prevent unexpected conflicts in advance when medical disputes occur. If a medical dispute with a foreign patient occurs despite thorough advance prevention, it can be resolved through reconciliation, mediation, and arbitration. The government and the medical field along with its related industries and authorities should put their efforts into developing these priori/posteriori measures for the activation of international medical health care. The laws and technological/human capabilities in medicine should also be improved in order to activate international medical health care.

• Journal of Arbitration Studies
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• v.26 no.4
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• pp.111-128
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• 2016

Trade between nations has been considered as exchange for material things. According to recent changes in the paradigm of global trade, trade is shifting focus on the exchange of an immaterial being. Among them, the service sector is growing fast and the health service has shown exceptional growth as the healthcare market is consistently expanding. It is also part of the global service targeting people all around the world. People visiting other countries for medical service tend to spend more money and stay longer than a traveler. For these reasons, global medical service is in the spotlight as a promising and higher value-added business. The global medical service industry has been developed around Asia, specifically Thailand, Singapore, India, etc. Compared to them, Korea has come late into the market of global healthcare and the Korean government is striving to attract foreign patients. Nevertheless, there is a lack of effort to make foreign patients visiting Korea revisit Korea. Regarding foreign patients' medical disputes, these are not yet a problem officially; however, the government cannot leave the matter as it is. Medical dispute related with foreign patients is a highly complex issue due to different languages, nationalities, cultures, etc. Particularly, Korea's medical tourism is developed with Chinese visiting Korea for plastic surgery and cosmetic procedure. Thus, the Korean medical tourism market can be crowded with a lot of minor medical agencies, so-called brokers, getting foreign patients connected to the medical institutions. Consequently, Korea has received a large number of complaints and dissatisfaction. No one can predict and know what's supposed to happen in the future. Efforts of the Korean government and medical institute attracting foreign patients could be in vain. In order to take a step forward, this paper will do research on present conditions and look for strategies of improving this industry, focusing on the part of medical agency and contributing to the improvement of the Korean medical tourism industry.

• The Journal of Korean Medical History
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• v.24 no.1
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• pp.17-30
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• 2011

King Hyeonjong, the 18th king of the Chosun Dynasty, reigned for 15 years. During his reign, he underwent a political incident named the Controversy about the Confucian Funerary Rituals. This incident was carried out 2 times: 1 time during early days of his reign and 1 time during later days. Although it started out as a trivial dispute over the period Queen Dowager Ja-eui(stepmother of King Hyojong, Hyeonjong's father) had to wear a mourning dress, it advanced to a political incident concerning the acknowledgement of King Hyeonjong's legitimacy and political pride of the king and the vassals. Although existing researches focus on the historical context of this incident, this study focuses on the relationship between this incident and King Hyeonjong's disorders. During the First Controversy about the Confucian Funerary Rituals, King Hyeonjong was treated for various symptoms concerning hypochondria. During the Second Controversy, he suffered from septicemia as well as diabetic complications. This study is based on the texts of "The Daily Records of Royal Secretariat of Chosun Dynasty".

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.285-316
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• 2014

As the number of medical disputes regarding nurses has increased after medical disputes have increase, there is a need for a study on it. However, the legal relationship between nurses and patients has not yet been analyzed. Recently, the role and function of nurses are expanded according to the development of the science of nursing; moreover their activity and limitation of responsibility are also expanded. For this reason, the medical disputes regarding nurses have been increasing. However, the majority of these kind of dispute are just passed over because their practice is usually considered to be a mere action to assist doctor's role. In addition, nurse practice is not a secondary action of doctor's role, but forms part of a medical treatment. Of course, nurses handle many secondary tasks after doctors finish their medical treatment. But this is only part of the whole tasks of nurses. Furthermore, the general details of their medical treatment are not different from those of doctors because they also belong to the medical service personnel. Considering these features of nurse and the medical condition in South Korea, their task is becoming increasingly developed and specialized and they are also establishing their own field. With this stream of times, there is a growing interest in enacting a Nursing Practice Act, in other words, the independent law on nurse for the sake of patient safety and national health promotion. Then, their responsibility will distinctly be expanded as much more. That is, the time that nurses practice their medical care by following doctors' order and also pass over their responsibility to doctors is closed. Thus, this study examines the features and responsibilities of nursing practice, and discusses an institutional framework to efficiently cope with the legal disputes between nurses and patients. It aims to throw light on the decision making on nurse-patient disputes in future.

• Journal of Korean Medical classics
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• v.24 no.6
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• pp.49-61
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• 2011

The concept of Mingmen(命門) was originated from "Neijing(內經)" and "Nanjing(難經)", respectively meaning eye in "Neijing" and right kidney in "Nanjing". But the Mingmen theory had been developed on the basis of the concept of Mingmen in "Nanjing" thereafter, and it had been influenced by the Taoist alchemy in the process of explaining the relation between the concept of Xianghuo(相火) and Yuanqi(元氣). Out of this the Mingmen theory had been changed as a thing that comprises newly the concept of Huo(火), and consequentially the dispute about the arrangement between Mingmen and Xin(心) had been consistently progressed, because Xin is the center of Huo. And on the other hand, because Xin is also the center of mind, the influence of the state of Xin which is projected to Mingmen had also been discussed. Based on the facts like this, this study will discuss the possibility of the extension of the concept about the function of Mingmen. That is, this study will add up the concept of Mingmen in "Neijing" to the Mingmen theory so far, will add up the concept of Zhijue(知覺) to the Mingmen theory. The concept of Zhijue had been originated from the Neo-Confucianism in Song dynasty, and this study thinks, in the light of the concept of Zhijue, the concept of Mingmen could be viewed from a new perspective, that is, from a view of mind.