• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.345-366
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• 2014

Because the health care or medical sector has such characteristics as publicity, professionality, and exclusivity, it cannot be left to the free market system. As a consequence, the state has restricted the establishment of medical institutions in order to protect the life and health of people. Also, the medical law has regulated to permit the establishment of medical institutions by only medical personnel and a few corporate bodies and to ban the establishment of medical institutions under disguised ownership as well as double opening of medical institutions by medical personnel. Nevertheless, there are still many cases that non-medical personnel have dominantly established medical institutions under disguised ownership of other medical personnel or nonprofit corporation. Because they are willing to recover their investment costs as soon as possible, these illegally established medical institutions are likely to make patients undergo unnecessary tests or to perform the excessive treatments and, as a result, are likely to cause infringement on the health and lives of the people. In addition, even if the misconduct is uncovered, the rate at which the costs already paid is very low and, as a result, the damages are straightly connected to the people's loss. On the other hand, there are also increasing number of cases that medical personnel or nonprofit corporations are establishing medical institutions against the medical law regulations. The examples of this illegality are also the double opening of medical institutions and the establishment of medical institutions under disguised ownership by medical personnel or nonprofit corporations. And the damages in these cases may not differ from those in the above cases. In this study, regarding medical law regulations restricting opening a medical institution, I will review the intent of those regulations, the type of violations and criminal punishments, and the possibility of recovery from unlawful profit by the National Health Insurance Act. And then, I would like to find a way for rational improvement of each.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.227-261
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• 2015

Cooperative associations are established in order to enhance the rights and the interests of their members and serve the local communities, and actually do much for the local society. And among these, consumer cooperatives are spontaneously founded, particularly in the spirit of mutual help, in order to promote the common welfare of the members. Meanwhile, because the current medical law qualifys noncommercial corporation to open medical institution, consumer cooperative and noncommercial- corporation cooperative which are established under the Cooperative Act have the right to do. However, though cooperative association should be founded for common interests of the members who are weaker parties of society, it became rapidly to be abused as means of circumvention of law. Especially as National Health Insurance Corporation stepped up the investigation and the collection of unfair profits against the hospital owned by non-medical personnel who are unable to establish a medical institution, setting up medical institutions as a roundabout way to avoid the restricts dramatically increased in number. In this study, we are going to introduce the current dualised normative system regulating the establishment of a medical cooperative association, and find a way to improve the system and make up for the week points. And we will look though the present situation about medical cooperative association's opening, operating, and closing, and review the normative and systematic improving plans.

• The Korean Society of Law and Medicine
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• v.23 no.3
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• pp.47-87
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• 2022

Due to the COVID-19 pandemic, non-face-to-face treatment was temporarily permitted. A lot of consensus has been formed on the need to continuous non-face-to-face treatment. However, the current 「Medical Service Act」 only permits telemedicine between doctors and medical personnel. On the other hand, as a result of legal interpretation, there is an opinion that non-face-to-face treatment is allowed. But considering the overall legal system, non-face-to-face treatment is not allowed. Nevertheless, we have to consider the reality such as the development of science and technology and the outbreak of infectious diseases. Therefore, it is not advisable to allow face-to-face treatment only. Ultimately, it is necessary to find ways to ensure that non-foce-to-face treatment can be performed in a safe and effective manner. And it should be institutionalized. This is strategically necessary and important. Therefore, we must look over ahead legal issues to be discussed. First of all, the scope, the target disease and the subject of implement have to be clear. Also, structurally, the standards of facilities and equipment must be prepared for non-face-to-face treatment to be implemented. Functionally, communication and information exchange between doctors and patients should be well conducted. In addition, the information protection management system that occurs in the process of non-face-to-face treatment should be materialized. Lastly, the issue of responsibility and cost of non-face-to-face treatment should be decided in detail. When these problems materialize, it can be expected that a safe non-face-to-face treatment environment will be established.

• The Korean Journal of Emergency Medical Services
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• v.24 no.3
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• pp.79-87
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• 2020

Purpose: This study sought to determine how the act of performing cardiopulmonary resuscitation (CPR) affects the rescuer's muscle tone, stiffness, and fatigue in the lumbar region. Methods: The research subjects were 30 healthy men in their twenties in possession of a Basic Life Support (BLS) provider certificate. In this study, the CPR rescuer's muscle tone and stiffness in the upper and lower lumbar regions were measured in the resting position, starting position, and position after 10 min. Their level of fatigue was measured before and after performing CPR. Results: Muscle tone and stiffness in the upper and lower lumbar regions of the research subjects significantly increased throughout the CPR process and lasted up to 10 min after the process (p<.001). The subjects' fatigue also significantly increased post-CPR (p<.001). Conclusion: This study suggests that performing CPR creates muscular and physiological stress, fatigue, and ultimately, lower back pain.

• The Korean Society of Law and Medicine
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• v.22 no.3
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• pp.31-55
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• 2021

The Personal Information Protection Act, one of the revised 3 Data Laws, established a special cases concerning pseudonymous data. As a result, a personal information controller may process pseudonymized information without the consent of data subjects for statistical purposes, scientific research purposes, and archiving purposes in the public interest, etc. In addition, as a follow-up to the revised Personal Information Protection Act, a 'Guidelines for Utilization of Healthcare Data' was prepared, which deals with the pseudonymization in the medical sector. The guidelines are meaningful in that they provide practical criteria for accomplices by defining specific interpretations and examples that take into account the characteristics of healthcare data. However, the guidelines need to clarify the purpose of using pseudonymous data and strengthen the fairness of the composition of the data deliberation committee. The guidelines also require establishing a healthcare data compensation framework and strengthening the protection of rights for vulnerable subjects. In addition, the guidelines need to be adjusted for inconsistency with the Bioethics and Safety Act and the Medical Service Act. It is expected that this study will contribute to the creation of a safe environment for the utilization of healthcare data as well as the improvement of related laws and systems.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.123-164
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• 2014

Under the new system of 'Separation of pharmaceutical prescription and dispensing' in Korea, which was implemented in 2000, physician could not dispense a medicine, and outpatient should have a physician's prescription filled at a drugstore. After pharmacist makes up outpatient's prescription, National Health Insurance Service(NHIS) pay for outpatient's medicine to pharmacist, except an outpatient's own medicine charge. And NHIS only pay for outpatient's prescription fee to physician and, physician doesn't derive profit from dispensing medicine in itself. Nevertheless, if physician writes out a prescription with violation of 'Criteria for the Medical Care Benefits', NHIS clawed back the payment of outpatient's prescription and medicine from the physician or the medical institution which the physician belongs to. In the past, NHIS's confiscation was in accordance with 'the National Health Care Insurance Act, Article 52, Clause 1'. But, since 2006 when the Supreme Court declared that there was no legal basis on the NHIS's confiscation of outpatient's medicine payment, NHIS had put in a claim for illegal prescriptions on the basis 'the Korean Civil law, Article 750(tort)'. So, Many medical institutions filed civil actions against NHIS. The key point of this actions was whether the issuing outpatient prescriptions with violations of Criteria for the Medical Care Benefits constitute of the law of tort. On this point, the first trial and the second trial took different position. Finally the Supreme Court acknowledged the constitution of the law of tort in 2013. In this paper, the author will review critically the decision of the Supreme Court, and consider the relativeness between the legal effect of Criteria for the Medical Care Benefits and the constitution of the issuing outpatient prescriptions with violations of Criteria for the Medical Care Benefits as the law of tort.

• The Korean Society of Law and Medicine
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• v.13 no.1
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• pp.71-89
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• 2012

Just in case a patient's state couldn't get better or get even worse after medical practices, it is difficult for the patient's side to accept the result and it tends to think that its damage is caused by his doctor's malpractice. Medical practices of a doctor require highly advanced attention duty as a medical expert, because they are targeted at a human body of the best benefit and protection of the law. However, it is hard to prove the malpractice on the patient's side in medical dispute. Therefore, to solve a medical dispute quickly and fairly before the medical suit Korea Consumer Agency (KCA) has done a medical dispute adjustment business since 1999. For the past 5 years (2006~2010), the medical team of KCA had managed 4,171 cases as an injury relief, but it had dealt with them focusing on an injury relief business only after the occurrence of a medical accident. Afterwards, it is necessary to expand the range of its services in purpose of preventing the injury of consumers. If we can solve the problems -the clear statements about the cease of extinctive prescription in the fundamentals of comsumer act, the presence of parties directly concerned at comsumer dispute adjustment committee, and the effect of an agreement, etc. -, which have been founded in medical injury relief service of KCA and the management and procedures of the comsumer dispute adjustment committee of KCA and if we can also give KCA more workers and the proper budget of the government, we can expect KCA to become a more useful agency.

• The Korean Journal of Health Service Management
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• v.3 no.2
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• pp.65-75
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• 2009

This study aims at deriving any useful information necessary to strengthen the competitiveness for growth through empirical analyses on a general hospital located in a province in order to countermeasure the opening and competition of medical markets. The characteristics of user were identified on the basis of disease groups under KCD in the research method. In addition, the analysis on the expenses of diagnosis and treatment was divided into the treatment progress and degree of hospital resource utilization. And the regression was carried out to identify the impacts of characteristics of inpatient users on the degree of hospital resource utilization. As a result of major research, the inpatient users of the general hospital located in the provincial area in consideration of inpatient users were formed around the inpatient disease groups representative for Korea. And it was understood that most of residents within a distance of 40 minute by the public transportation were using. Although there are restrictions that the analyses were carried out for a general hospital in a province, the findings of this study can be considered a generalized model for the management of provincial general hospitals when we consider the current circumstance that the diagnosis and treatment are carried out by provincial medical institutions primarily for patients in general within the province, along with implications that any general hospital in Korea should be equipped with the facilities, equipments and human resources under the Medical Treatment Act.

• Journal of Korean Public Health Nursing
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• v.33 no.3
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• pp.311-325
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• 2019

Purpose: This study examined the definition of care coordination, and the activities and roles of nurse care coordinators. The study also proposed suggestions for establishing and expanding the role of nurse care coordinators in community health practice. Methods: This study derived its conclusions by conducting a literature review. Results: The definition of care coordination is a comprehensive concept that includes case management and transitional care, and can be summarized as organizer and integrator of care. According to the literature review, 12 activities and 6 roles of nurse care coordinator were identified such as a collaborator, an individualized care planer, an educator/counselor, a direct nursing care providers, a population care coordinator, and a program evaluator. Training for nurse care coordinators is currently addressed in the Primary Medical Chronic Disease Management Program. Visiting nurses working at the Eupyeong-dong visiting health and welfare service are expected to act as nurse care coordinators, and the role of nurse care coordinators will, in the future, gradually increase in various nursing facilities. Conclusion: In addition to developing competencies to act as a nurse care coordinator, there is need for approaches to health policy that develop both independent role and population focused role as care coordinators.

• Journal of the Korea Safety Management & Science
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• v.12 no.3
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• pp.61-72
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• 2010

Judgment of cerebral and cardiovascular diseases arising out of duty follows the legal judgment method for the purpose of investigation of medical causes based on the Industrial Accident Compensation Insurance Act, with the characteristics of the occurrence as personal factors etc. act as risk factors while work-related ones as triggers, in the case of disease due to occupational cases, as whether it arose out of duty must be judged including even the individual's personal risk factors, there are limitations securing fairness even with existing laws, regulations and guidelines. This study was carried out to suggest basic data for the preparation of standardized guidances for diseases arising out of duty by reviewing the standards for the acknowledgment of cerebral and cardiovascular diseases due to occupational cases, and it has a significance in that it suggests target diseases that may be judged as cerebral and cardiovascular diseases, legal criteria for the acknowledgment and standards for the judgment of cerebral and cardiovascular diseases arising out of duty.