• 대한예방한의학회지
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• 제9권2호
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• pp.17-41
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• 2005

Current Korean medical system is evaluated as inefficient and the government is planning a new medical development plan to provide guaranteed life-long medical service and more efficient medical system Korean medicine also needs to participate as the primary medical provider and strengthen public recognition. The needs for active participation are essential to prevent irrational medical policies and Korean medicine can exercise medical merits. When the doctors of Korean medicine are recognized as the primary medical provider, not only social rights are served but also provide medical service to less privileged sector of the society. This calls for the establishment of system for attending physician and public health doctor from Korean medicine. Another important issue is the establishment of public medical service at the government level. Doctors of Korean medicine should be posted at the national health center and other public hospitals. Revision of the current policies on Korean medicine must be made to yield concrete outcome of the public Korean medicine service as well as cooperation between the conventional allopathic medical community and the Korean medical community

• 한국콘텐츠학회논문지
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• 제15권1호
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• pp.286-299
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• 2015

본 연구는 의료기관 인증제의 의무 대상인 정신병원과 요양병원을 대상으로 환자안전 및 질 변화와 경영활동의 변화 간의 관계에 대해 의료기관 인증을 받은 5개 정신병원과 5개 요양병원에 근무하는 종사자들을 대상으로 조사 연구한 결과, 정신병원과 요양병원 종사자들의 인증업무 참여유무는 환자안전 및 질 관리 변화 측정내용 중 '안전보장활동 수행정도' '환자를 위한 양질의 의료서비스 제공정도' '환자의 권리와 책임에 대한 존중정도' '감염발생 위험예방 위한 감염관리활동 수행정도'의 향상 변화에 유의하게 긍정적인 상관관계를 보였다. 그리고 환자안전 및 질 관리 내용 중 안전보장활동 지속적인 질 향상 활동 환자의 권리와 책임에 대한 존중의 지속적인 발전적 변화를 추구하기 위해서는 교육훈련을 통해서 조직구성원들의 역량을 강화시키는 경영활동이 필요하며, 진료전달 체계와 평가의 관리 환자를 위한 양질의 의료서비스 제공의 지속적인 발전적 변화를 위해서는 고객지향성 업무프로세스를 사회 환경의 변화에 맞추어 추구하는 경영활동이 필요함을 알 수 있었다.

• Journal of Acupuncture Research
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• 제29권4호
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• pp.71-79
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• 2012

Objectives : The purpose of this study is to set the explanatory duty on traditional Korean medical(TKM) treatment by analyzing the judicial precedents. Methods : The study was performed by analyzing nine cases of lawsuits related to Korean medicine doctor and explanatory duty among the medical dispute cases in Korea from 1968 through 2012. Results : Nine closed claims occurred regarding the violation of explanatory duties in the field of TKM practice. Two claims were decided by supreme court, three were decided by high court, and four were decided by district court. The causes of lawsuits were categorized as follows : bee venom pharmacopuncture, herb treatment, and an explanation for safety. Conclusions : To perform an explanatory duty has important legal implications for the protection of patients' rights and Korean Medicine doctors' autonomy on TKM treatment.

• 의료법학
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• 제13권1호
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• pp.295-329
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• 2012

A medical malpractice case requires special legal protection, considering its characteristics, such as seriousness and long term effects of its damages, medical information asymmetry between practitioners and patients, and difficulties in realization of liability. Taking the points above into consideration, Medical Malpractice Arbitration Act of 2012(MAA) has legislative intent to protect the rights of the injured from medical malpractice, while protecting the stability of medical practice by providing arbitration as an alternative dispute resolution. However, constitutional review is required for one new scheme of compensation for medical injuries during delivery, which is implemented in MAA of 2012, especially with regard to freedom to exercise occupation, property, equality under the Constitution. Two important aspects are 1. according to the law, absolute liability applies to compensation for damages during delivery without negligence of practitioners; and 2. the practitioner bears some portion of the cost, 30% in the law above. This article aims to analyze this new institution in various aspects of the Constitution, and, as a result, it does not comply with constitutional criteria.

• The Journal of Korean Physical Therapy
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• 제25권2호
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• pp.43-48
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• 2013

Purpose: The aim of this study was to demonstrate that non-participation of physical therapists on the political decision-making committee results in invasion of their interests. Methods: To demonstrate the effects, we analyzed the change of medical insurance score decided by the Health Insurance Policy Deliberation Committee between 2001 and 2012 years, focusing on medical examination as the interest of the participation group and physical therapy cost as interest of the non-participation group. Results: Total medical insurance cost increased by 23.72%, on average. Medical examination cost increased by 23.90% and 37.66% in medical examination for new and established patients, respectively. However, physical therapy cost was reduced by 5.01%. The medical examination cost for physical therapy without medical checkup increased by 2.62%. Conclusion: This study shows that the physical therapy cost, related on the interest of the non-participative group in the Health Insurance Policy Deliberation Committee, rather decreased while the total medical insurance cost increased.These findings demonstrate the invasion of the non-participative group on the Health Insurance Policy Deliberation Committee. Thus, aggressive participation in political decision-making committee is necessary in order to protect and increase rights and interests of Korean physical therapists.

• 대한한방내과학회지
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• 제27권4호
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• pp.827-835
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• 2006

Objectives : This study investigated the actual condition of an oriental medical office in a public health center. Methods : We classified patients who visited an oriental medical office in the public health center of Gyeyang-gu over a 1-year period, according to age, sex, disease, etc. The number of patients was 6529. Results : Analyzing these 6529 persons, 65.8% were female, and 79.6% were seniors aged over 65. By disease category motor systemic disease or circulatory disease affected 84% of the patients. By medication or treatment category. O-Juk-San (五積散) at 38.3% was the greatest proportion, and Pal-Mul-Tang (八物湯) the second greatest. As to medical fee, 80.2% of the patients were not charged for treatment. Conclusions : The extract of herbal medication should be more expanded in the medical insurance, and should be improved in quality. The oriental medical office in a public health center should focus more on health promotion and disease prevention than patient care. For accomplishing this goal, the institutional position and rights of oriental medical doctors as civil officials should be equal to those of western medical doctors.

• 의료법학
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• 제10권2호
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• pp.287-307
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• 2009

A person is injured in car accident caused by his/her slight negligence except he / she causes accident by his / her willfulness or gross negligence. Because the National Health Insurance Corporation (hereinafter called "Corporation") shall not provide any insurance benefit "when he has intentionally or through gross negligence caused a criminal conduct or intentionally contributed to the occurrence of an accident" referred to in Article 48 (1) 1 of the National Health Insurance Act. So, if he / she is insured by his / her own bodily injury coverage, he / she can be compensated for his / her medical expenses. The injured have the rights to file either National Health Insurance claim and Automobile Insurance claim but there is no clear and definite adjustment clause. The claim disputes between National Health Insurance (hereinafter called "NHI") and Automobile Insurance (hereinafter called "AI") in the own bodily injury coverage makes some problems. Firstly, there are some differences in co-payments which he / she chooses between NHI and AI. Profit per a patient is higher in the NHI than in the AI. Secondly, it can provoke criticism that people shall unnecessarily pay double contributions. Lastly, it can raise moral hazards. For example, if he / she can cover the compensations when the insured receives the compensations from his / her insurer, the Corporation can be claimed by medical care institution payment of the health care benefit costs. In conclusion, first of all, to improve the national health and preserve the insured's rights the Corporation shall keep notice these facts.

• KSII Transactions on Internet and Information Systems (TIIS)
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• 제7권5호
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• pp.1058-1076
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• 2013

The WBAN(Wireless Body Area Network) supplies mobile convenience to our medical services. But if we have few effective control variables across this service deployment, the hidden distortions or defects of the system might threaten the lives and rights of the stakeholders. Therefore we need to increase the service credibility, to get WBAN effective. This study proposes a governance mechanism using feasible variables that are currently in use in practices in WBAN environments against medical incidents. Control variables were tested in Seoul National University hospital and related medical industries of South Korea. We assume that WBAN systems would be open based on integrating patients, medical employees and law enforcements to get smart theater operations against medical incidents by implementing proposed MJA(Multilateral Joint Analysis) model. MJA model also contributes to the convergence of computer systems and medical services by demonstrating flexible SOA(Service Oriented Architecture) dashboard of healthcare services with credibility factors in medicine. The important components in MJA model across WBAN, were found to be "Safety, Accuracy and Reliability" in priority order. Factor analysis, correlations and ANOVA were used to evaluate this model and an IT dashboard with a realization of mobile application, was used to support participants' decision-making.

• 의료법학
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• 제15권1호
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• pp.211-237
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• 2014

Because of unpredictability and high possibility of abnormal results by clinical trials compared to general medical behaviors, a procedure for ensuring with sufficient explanations by investigators must be secured. Therefore, in a sequence of clinical trials, what kinds of scope, stage, and method of explanations provided by investigators, including doctors or researchers, to trial subjects are closely related to the compensation for damages by violation of liability for explanation. In case of application of clinical trials to patients who have critical illness such as cancer, issues of "Quality of Life" regarding trial subjects, cancer patients, should be discussed. Especially, in case of clinical trials for terminal cancer patients, the right of subjects' self-determination, which is a fundamental principle in medical behaviors, should be discussed. The right of self-determination includes participation in clinical trials for the possibility of life-sustaining even a little bit, or no participation in clinical trials in order to have a time for completing the rest of his life. Like this, if the extent and scope of explanations related to the issues of "Quality of Life" are raised as main issues, the evaluation of "Quality of Life", should be a prerequisite. In many occasions, realistically, despite bad results such as deaths or serious adverse drug reactions after clinical trials, it may not be easy for compensating to trial subjects or their survivors, who requested civil compensation for damage. Futhermore, in abnormal results after concealment of clinical trials or performance of clinical trials without permission, and in the case of trial subjects' failures of proving proximate cause between the clinical trials and abnormal results, problematic results such as no protection to the trial subjects could be occurred. In performing clinical trials, investigators should provide sufficient explanations for trial subjects and secure voluntary informed consents from the trial subjects. Therefore, clinical trials without trial subjects' permissions and the informed consent process violate trial subjects' rights of self-determination, and the investigators shall be liable for compensation for damages. Then, issues might be addressed are what are essential contents of patients' "rights of self-determination" infringed by clinical trials without subjects' permissions. Two perspectives about patients' rights of self-determination might be considered. One perspective regards physical distress of patients (subjects) from therapies without sufficient explanations as the crux of the matter. The other perspective regards infringement of human dignity caused by being subjects without permission as the crux of the matter irrespective of risks' big and small influences. This research follows perspective of the latter. Forming constant fiduciary relation between investigators (doctors) and subjects (patients) pursuant medical contracts, and in accordance with this fiduciary relation, subjects, who are patients, have expectations of explanations and treatments by the best ways. If doctors and patients set this forth as a premise, doctors should assume civil liability when doctors infringe patients' expectations.

• 한국콘텐츠학회논문지
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• 제8권10호
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• pp.234-240
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• 2008

"방사선사: 전문 의료직인가? 단순기술직인가?" 라는 명제로 방사선사의 전문성을 고찰하였다. 전 세계적으로 방사선사의 전문성은 의료인에 비해 자치권과 자율권이 많이 축소되어있다. 이 논문은 방사선의 역사와 영국과 호주에서 진행되고 있는 방사선사의 직업전문성 연구를 토대로 현재 방사선사의 사회적 위치를 재조명하고 방사선사의 사회적 지휘 향상을 위한 기반을 모색하고자 하였다.