• 한국한의학연구원논문집
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• 제14권3호
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• pp.149-154
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• 2008

With sophisticated clinical skills and the effectiveness of Traditional Korean Medicine(TKM), many TKM doctors look forward to over seas expansion. About 450 TKM doctors had NCCAOM certificate, but only 40 TKM doctors arc in US now. Because The status of NCCAOM certificate in USA is not adequate enough for TKM doctors to perform medical treatments. In case of US, State medical boards depend to a large extent on the Educational Commission for Foreign Medical Graduates(ECFMG) for certification of international medical graduates (IMGs) seeking licensure in the United States. In addition to receiving certification that includes verification of education credentials, IMGs must pass Steps I and II of the USMLE. In order to obtain a license to practice in the United States, IMGs must successfully complete a residency in a program approved by the American Council of Graduate Medical Education(ACGME) and the complete Step III, the final step in the USMLE. TKM doctors, in the prospective of overseas expansion, applied to ECFMG and their applications have been rejected. This circumstance happened because Korea is unique country in the world with two different medical licensing system, Oriental and Western, both being physician workforce. Rejection by ECFMG occurred because of their minimal understanding of Korea's situation, while the responsibility to inform, propagate and protect TKM doctors own rights depend exclusively to Korean government, TKM doctor oneself and its related organizations, all the members should endeavor on it.

• 한국간호교육학회지
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• 제14권1호
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• pp.98-107
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• 2008

Purpose: The purpose of this study was to provide basic data which is necessary for educating nursing and medical students for establishing a desirable sense of ethics values Method: In this descriptive research, a total of 140 nursing students and 124 medical students were selected. The tools used for data analysis were descriptive statistics, t-test, one-way ANOVA, and Scheffe test by using SPSS/WIN 12.0 version. Result: When the differences in the consciousness of biomedical ethics of nursing and medical students were compared, statistically significant differences were found in the category of brain death (t=-3.26, p=.001). Statistically significant differences were found in the general characteristics of religion (F=3.05, p=.018), and participation in religious activity (F=3.34, p=.006). Statistically significant differences were found in the characteristics related to the subjects' ethical values such as satisfaction level of a nurse/doctor (F=7.39, p=.000) occupation, the experience of A Patient's Bill of Rights (F=2.97, p=.020), the intention to attend biomedical ethics (F=5.61, p=.000), and the possibility of increasing ethical problems according to the development in the field of medical science (F=7.92, p=.000). Conclusion: An effort should be made to overcome the differences in the perception of biomedical ethics between nursing students and medical students. Moreover, when investigating the course of an integrated education for the establishment of a desirable sense of biomedical ethics, an alternative plan that could promote ethical values must be considered so that the significant variables can promote bioethical perception.

• 대한한의학회지
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• 제43권3호
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• pp.94-105
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• 2022

Objectives: This study investigated public opinion on the use of modern diagnostic medical devices by Korean Medicine doctors. Methods: A questionnaire looking into perceptions on the use of modern medical devices was developed. It was distributed by a third party and data was collected. Results were analyzed through frequency analysis, chi-square analysis (χ²-test), frequency and cross analysis using R program. The measurement variable in the study was the respondent's perspectives and expectations on the use of modern diagnostic medical devices by Korean Medicine doctors. The maximum significance level was 0.05. Results: There were a total of 3,000 responses and 80.8% of the respondents replied that there is a need for government-level discussion on endowing rights to Korean Medicine doctors as supervisors for safety management of radiation generating devices. Also, 83.3% of the respondents agreed the use of ultrasound imaging equipment in Korean Medicine clinics should be legalized. Conclusions: According to this study, respondents strongly support the use of modern diagnostic medical devices by Korean Medicine doctors. This is the first study to investigate public opinion in this area and it provides a significant insight into the public needs and desires for a wider scope of practice for Korean Medicine in the healthcare system.

• 한국컴퓨터정보학회논문지
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• 제21권6호
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• pp.97-106
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• 2016

This study tries to seek the is the realistic improvements and legislative measures about current medical advertising which was in the Court on 12 May 2015 by presenting and discussion the understanding, problems and its alternative direction of pre-deliberation on the existing law which is the decision on the constitutionality of health care advertising regulated health care advertising General commercial advertising has the right which have to be protected as the terms of the protection of know and freedom of expression and advertiser's there are sure to be in a value to be protected. Medical advertising is also a person in addition to the absolute value that includes both Due to the particularity of medical advertising in terms of life and the right to health Until now, this has been the target of strong regulations are changing the policy of gradual deregulation in our country, including the country. Medical advertising on the current medical law had been to be checked by pre-deliberation of the executive power. However, due to unconstitutional, in the circumstances which a false hype is flooding and increasing, it has been realized that the fair competition of medical community, life and health rights of the people are threatened by in reverse. In this regard, the abolition of the pre-deliberation system of medical advertising can be welcomed by abolition of the old system which is the legal and institutional censorship. Since its abolition, the alternative policy direction is insufficient also it is not clear. Therefore we need to study this. Therefore, in this paper, we try to find general theoretical background and problem of pre-deliberation system of medical advertising. Also, as trying to find feasibility or ambiguity of regulation and issues about medical advertising on medical law, we argued the provision of special measures of the medical advertising for introduction of integrated medical advertising deliberation committee which can ensure the independence and autonomy, strengthening of the monitoring on the internet advertising, legal resolving through amendments, strengthening of penalties, and establish special measures of medical advertising for the medical privatization and demand for the foreign medical tourist, etc. Empirical study about practical regulatory measures of medical advertising which converged the various opinions of consumer groups, government and academia, and medical community, and we expect hope to see the more realistic alternative provision.

• 의료법학
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• 제20권3호
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• pp.83-139
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• 2019

의료과오에 의한 손해배상책임의 인정은 크게 두 가지 축을 기본으로 하여 전개되어 왔다. 첫째는 의사의 과실 있는 진료행위가 있고 이로 인하여 생명·신체 등의 법익이 침해당하고, 생명·신체 침해로부터 발생한 재산적·비재산적 손해에 대한 배상이 문제되는 경우이다. 둘째는 의사의 설명의무 위반이 있고 이로 인하여 자기결정권이 침해당하고, 자기결정권 침해로부터 발생한 비재산적 손해에 대한 배상이 문제되는 경우이다. 그러나 의료과오가 있더라도 환자의 기존상태 등으로 말미암아 의사의 과실 있는 진료행위와 법익침해 사이에 인과관계 증명이 곤란하여 의사의 손해배상책임이 부정되는 경우가 있다. 예를 들어, 환자가 이미 심한 말기암에 걸려있어서 의사로부터 적절한 치료를 받았더라도 완치되었을 가능성이 매우 낮은 경우를 생각해 보자. 이 때 의사의 과실이 없더라도 환자는 사망하였을 가능성이 매우 크다는 이유로 환자에게 어떠한 손해배상도 인정하지 않는 것은 타당하지 않다. 의사의 과실 있는 진료행위로 인하여 환자에게는 최소한 정신적 고통과 같은 비재산적 손해가 발생하였기 때문이다. 위와 같은 경우에 우리 법원은 예외적으로 적절한 치료를 받을 기회를 상실했음을 이유로 하여 위자료 배상을 인정해주고 있다. 그러나 이론적 체계가 정교하지 못하여 어떤 것을 보호법익으로 삼는지 명확하게 밝히지 못하고 있다. 의사의 과실 있는 진료행위와 생명·신체라는 법익의 침해 사이에 인과관계가 부정되더라도 새로운 보호법익을 설정하여 환자에게 발생한 손해를 배상해주려는 최근의 논의가 바로 '치료기회상실의 법리'이다. 이 보호법익의 내용이 무엇인지에 관하여 치유가능성론, 기대권침해론, 연명할 상당한 정도의 가능성 침해론, 치료기회상실론 등이 주장되고 있다. 이 보호법익의 내용은 치료기회상실론에 따라 '의료수준에 비추어 적절한 치료를 받을 이익'으로 보는 것이 타당하다. 환자의 위와 같은 이익은 어느 누구로부터 침해받거나 방해받아서는 안 되는 인간의 존엄한 가치임과 동시에, 생명에 관한 근원적인 욕구이며 법적으로 보호받아야 할 가치 있는 이익이라고 할 수 있다. 이런 측면에서 '의료수준에 적절한 치료를 받을 이익'은 정신적 법익에 관한 일반적 인격권의 하나로써 구체화될 수 있다.

• 한국방사선학회논문지
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• 제17권6호
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• pp.977-983
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• 2023

국내 경제 및 과학의 발전으로 인하여 국민의 생활 수준은 높아졌다. 그에 따라 생명의 질 향상을 원한다. 즉, 인권을 보장하고 인간으로서 존엄과 가치를 추구한다. 그러므로 의학계는 인간의 생명을 연장하며, 건강한 삶을 유지하기 위해 도움을 준다. 인권을 수호하는 사회의학은 법의학이다. 법의학은 법의방사선학 영상으로 사망자 식별 및 원인을 분석한다. 법의방사선학은 방사선사가 의료영상을 획득하여 제공하는 것이다. 그러므로 방사선사는 법의학 관련 교과목을 이수하여 전문성을 가져야 한다. 최근 의과대학 및 간호대학에서는 의과대학 및 간호대학에서는 법의학, 법의간호학 등 다양한 교과목을 개설하여 운영 중이다. 그러나 방사선학과는 법의학 관련 교과목을 개설한 학교가 단 하나뿐이다. 향후 방사선사 및 방사선학과의 발전과 모색을 위해서는 법의학 교육을 고려하여야 한다. 이를 위해 방사선학과 학부 및 대학원에 법의학 교육의 필요성과 요구도를 조사하였다. 방사선학과 재학생들의 법의학 인식도는 2.977점으로 나타났으나, 방사선사가 법의학 교육 필요성은 3.759점으로 높게 나타났다. 또한, 재학생들의 법의학 교과목 요구도는 84.1%로 높게 나타나 대다수가 개설 운영이 필요하다고 응답하였다. 본 연구는 방사선학과 학부 및 대학원 재학생들의 법의학 관련 교과목 요구도를 알 수 있었으며, 교육의 다양성과 전문성을 모색할 필요가 있다. 법의학 및 방사선학 발전에 기초자료로 활용되길 기대한다.

• 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.

• Asian Pacific Journal of Cancer Prevention
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• 제14권7호
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• pp.4455-4457
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• 2013

In the new millennium people are facing serious challenges in health care, especially with increasing non-communicable diseases (NCD). One of the most common NCDs is cancer which is the leading cause of death in developed countries and in developing countries is the second cause of death after heart diseases. Cancer registry can make possible the analysis, comparison and development of national and international cancer strategies and planning. Information technology has a vital role in quality improvement and facility of cancer registries. With the use of IT, in addition to gaining general benefits such as monitoring rates of cancer incidence and identifying planning priorities we can also gain specific advantages such as collecting information for a lifetime, creating tele medical records, possibility of access to information by patient, patient empowerment, and decreasing medical errors. In spite of the powerful role of IT, we confront various challenges such as general problems, like privacy of the patient, and specific problems, including possibility of violating patients rights through misrepresentation, omission of human relationships, and decrease in face to face communication between doctors and patients. By implementing appropriate strategies, such as identifying authentication levels, controlling approaches, coding data, and considering technical and content standards, we can optimize the use of IT. The aim of this paper is to emphasize the need for identifying positive and negative effects of modern IT on cancer registry in general and specific aspects as an approach to cancer care management.

• 대한디지털의료영상학회논문지
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• 제11권2호
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• pp.69-77
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• 2009

This study gives an account of the collateral standards in IEC 60601-1-3: 2008 specifying the general requirements for basic safety and essential performance of diagnostic X-ray equipment regarding radiation protection as it pertains to the production of X-rays. The collateral standards establish general requirements for safety regarding ionization radiation in diagnostic radiation systems and describe a verifiable evaluation method of suitable requirements regarding control over the lowest possible dose equivalent for patients, radiologic technologists, and others. The particular standards for each equipment can be determined by the general requirements in the collateral standard and the particular standard is followed in the risk management file. The guidelines for radiation safety of diagnostic radiation systems is written up in ISO 13485, ISO 14971, IEC 60601-1-3(2002)1st edition, medical electric equipment part 1-3, and the general requirements for safety-collateral standards: programmable electrical medical systems. Therefore the diagnostic radiation system protects citizens' health rights with the establishment and revisions of laws and standards for diagnostic radiation systems as a background for the general requirements of radiation safe guards applies, as an international trend, standards regarding the medical radiation safety management. The diagnostic radiation system will also assure competitive power through a conforming evaluation unifying the differing standards, technical specifications, and recognized processes.

• 지역사회간호학회지
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• 제8권1호
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• pp.116-132
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• 1997

The purpose of the study is to find out how laws related to the nursing profession can be improved by analyzing the rules and regulations concerning nursing. Furthermore, to help settle legal matters in the process of doing nursing work. The data used for the study are the Health and Medical Act, the Maternal and Child Health Act, the School Health Act, the Special Act for Health and Medical Service in Rural Areas, the Industrial Health & Safety Act and the Notice on Nursing Professional Courses analyzed by age and content. The results of the study are as follows : First, basic nursing practice includes 'nursing care for recuperation and assistance in medical treatment and in special areas including the pre-vention of disease, maintenance of health, control of environment, and other therapeutic activities. It is suggested that the phrase 'assistance in medical treatment' should be eliminated as it limits the basic nursing practice to the assistance of the medical treatment. Second, Article 56 of the Health & Medical Act prescribes a special nurse but it does not prescribe a specific job. Accordingly, the new provison concerning the specific jobs of a special nurse should be added or a job guide should be inseated. Third, it is prescribed that those who have completed the training course after obtaining a license are qualified to be a midwife, a special nurse and a nurse practitioner working in special areas. However, school nurses, occupational health nurses and maternal and health workers are required to obtain a nurse license, but not to take an additional training course. Nurses working in special areas should be legally recognized as nurse specialists. The regulations to control various qualification standards consistently should be established. Fourth, the qualifications and types of nurses by area prescribed by Article 54 of the Health and Medical Act are not consistent with those of special nurses as recognized by affiliated organizations of the Korean Nurse Association and some hospitals. Accordingly, the qualifications and types of special nurses should be adjusted in consideration of special nurses. Fifth, as Article 16, Paragraph 2 of the Health and Medical Act does not prescribe the type and scope of first - aid treatment that nurses can provide, the first-aid treatment of nurses might be considered as an unlicensed practice. The specific regulations regarding these matters should be established. Sixth, the contents of the nursing record, which are prescribed by Article 21 of the Health and Medical Act as a duty, include 1) matters concerning body temperature, pulse, breath and blood pressure 2) matters concerning drug prescription 3) matters concerning input and output 4) matters concerning the treatment and nursing care (Article 17 of the Enforcement Regulations, Health and Medical Act). However, these matters are limited to basic nursing care and assistance in medical treatment. The new recording methods on nursing process are suggested to be adopted legally. Seventh, the prescription right entrusted to nurses which are prescribed by the School Health Act, the Special Act on Health and Medical Service for Rural Areas, and the Industrial Health and Safety Act are not consistent with the rights of nurses as prescribed by the Health and Medical Act. New regulations prescribing the partial right for medical treatment entrusted to nurses in consideration of the restraint of time and place in emergency situations should be established.