• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.187-220
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• 2020

Today, administrative legislation is becoming more and more important in that it not only sets the legal life relationship of the people in great detail and detail, but is closely related to the occurrence, extinction, and alteration of rights and obligations held by prisoners. In the United States, the types of administrative legislation are divided into substantive and interpretative regulations, so-called substantive regulations, which give prior notice and opportunity to comment on interested parties through formal or informal administrative procedures in accordance with Article 553 of the Federal Administrative Procedures Act. On the other hand, the interpretation regulation, which is "the regulation established by the Administration for the simple interpretation of statutes," does not require prior notice or comment because it does not affect the people's rights obligations. The Azar v. Allina Health Service, 587 U.S. 1804, 2019 ruling by the U.S. Constitutional Court, subject to this research paper, is about a dispute over a new decision to require Medicare to determine the amount of compensation for care providers that provide medical services for the poor, and should the regulations be regarded as substantive under the Administrative Procedures Act and should not be given a hearing or a simple internal process for processing. Given that the current administrative procedure law of our country stipulates the procedures for administrative pre-announcement through Articles 42.1 and 44.1, but that our courts have not judged violations of legislative pre-announcement procedures under the Administrative Procedures Act so far as to judge the illegality of administrative legislation, the dispute of the U.S. Constitutional Court will provide new implications for controlling legal orders beyond simple legal interpretation and has great significance in terms of readjustment of relevant regulations under future administrative procedures.

• The Journal of Korean Medical History
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• v.36 no.1
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• pp.1-9
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• 2023

To be an adjunct professor(gyeomgyosu) literally means to act as an instructor while also holding a different position. Adjunct professors were initially introduced under Confucianism. Gradually, technical offices also appointed adjunct professors using Confucian-educated bureaucrats for the purpose of educating lower-level technical officials and cadets. This paper examines the history of the civil service system related to adjunct professors through the Code of Laws, and examines those who have been appointed to the public office described in various documents. This paper argues that changes in the medical office's adjunct professor system reflect changes in the national medical talent training policy. The main basis of specific recognizing medical personnel is to decouple the appointment of Confucian scholars from that of full-time doctors. The replacement of the role of medical educators from Confucian scholars to full-time doctors was largely accomplished during the reign of King Jungjong(中宗) and was completed during the period of King Injo(仁祖). The time when Euiyakdongcham was created and the Office of Euiyakdongcham was established coincided with the period when the adjunct professor was disrupted in the medical office. However, this change in the adjunct professor system of medical authorities is in contrast to interpretation, which is a representative technical field. In the case of interpretation, Moonshin's sayeogwon position as adjunct professor was maintained even in the late Joseon Dynasty, and apart from this, there was a hanhagmunsin in Seungmunwon. Interpreter families had institutional arrangements that prevented them from making interpretation their own monopoly. Therefore, families of medical bureaucrats had more room for institutional growth than those of bureaucratic interpreters. Of course, these institutional devices did not prevent the growth of interpreting bureaucratic families in the late Joseon Dynasty. However, the situation in which medicine was accepted only as a kind of knowledge, not as an object of full-time work for sadaebue, would have been an opportunity to rise for those in technical jobs who were full-time medicine. As medicine became more differentiated and developed in the late Joseon Dynasty, medical knowledge and the knowledge about the medical profession became more important. The politicians could not avoid the use of a philosophically oriented system in which a confucian-educated bureaucrat equipped with only Confucian knowledge might replace a full-time doctor. Thus, the contradiction between the reality and the ideal of ignoring or denying reality was reproduced like other Confucian-centered societies. These contradictions have implications for us living in the modern age. Establishing the relationship between philosophy (or belief) and technology should not end with the superiority of one side or the other.

• The Korean Society of Law and Medicine
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• v.19 no.1
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• pp.207-254
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• 2018

The major court rulings delivered in 2017 include the ruling that separated the legal character of denture production agreement signed together with medical care agreement and found a subcontracting dimension in the former, and the ruling that overcame the limitations of the theory of entire appearance of a fetus as discussed in civil law by using the legal principle of insurance which suggests that unborn child insurance takes effect after the contract is signed and the first installment of the premium is paid in. As more court rulings find the medical specialists responsible for accidents and injuries from drugs, some argue that medication counseling by the druggist who makes and dispenses drugs should be upgraded. And with respect to a court ruling that denied the hospital's responsibility for an infection-involving accident even if there were no records on specific measures taken in infection management, some criticized the court for being too conservative in recognizing responsibilities. And with respect to infectious disease management, some criticized the court for its interpretation and application of the facts in the direction of denying the negligence. In addition, some claimed that it is necessary to establish institutional system for hospital infection control and its aid for victims, and to improve the system including the reversal of the burden of proof given the special nature of hospital infections. A number of rulings on the duty to disclose included the one which stated that the specific matter did not require a doctor's explanation as it was explained or the specific medical service would have been performed even if no explanation had been given. There was a greatly controversial ruling over the scope of indemnification, which accepted the occurrence of multiple scars and deformation as disorders while regarding breast as a thoracic organ. And a Supreme Court ruling over interpreting Medical Service Act was criticized as overstepping the boundary allowed in the law.

• Journal of Legislation Research
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• no.53
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• pp.375-418
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• 2017

Recently, a specialized hospital designation system has been introduced. In this regard, it is a question of whether a hospital can be searched by using the term 'specialized hospital' or 'specialized' in Internet online search. In this paper, it was examined whether there is a possibility that the medical institution might be mistaken as a specialized hospital designated by the Ministry of Health and Welfare when the concept of 'specialized hospital' or 'specialized' was used in advertisements. The name specialized hospitals can basically have three general meaning. So, if there is a possibility of confusion or misunderstanding in connection with this general meaning, it may be false advertising. The use of concepts other than these general meanings in law does not mean that general meaning disappears from consumer perception. Therefore, although the concept of a specialized hospital in the medical service act is defined in a special sense, the meaning of the specialized hospital should also be considered according to general recognition. In conclusion, the "Guideline for Specialized Hospital Advertising" prepared by the Ministry of Health and Welfare shows that the establishment of a wide range of prohibition limits the freedom of expression of medical institutions. In addition, the comprehensive prohibition of search terms such as 'specialized', and 'advanced' prevents consumers from freely searching for medical institutions with expertise. These guidelines, which are being deprived of the opportunity for professional medical institutions to advertise themselves appropriately, must be thoroughly reviewed.

• Journal of Korean Public Health Nursing
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• v.24 no.2
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• pp.285-301
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• 2010

Purpose: The study was aimed at qualitatively enhancing and promoting a home visiting nursing program established in Korea on July 1, 2008, as part of the Long-Term Care Insurance for the Elderly program. Methods: Structural, procedural and consequential aspects of home visiting nursing care wereclassified on the horizontal axis by applying the standard notions for the evaluation of medical care (Donabedian, 1998). At the same time, the home visiting nursing care service support system and the service provision system weredivided on the vertical axis with reference to the accreditation standards for home visiting nursing care organizations suggested by the Joint Commission on the Accreditation of Healthcare Organizations (JCAHO, 2008). The data were collected from June 4, 2008 to October 27, 2008, and were analyzed using SPSS ver. 15.0. Results: Twenty-two (proposed) standards, centered on the standard elements under the conceptual framework of the study, were developed, and comprised structural aspects (n=10), procedural aspects (n=6) and consequential aspects (n=6). Those criteria and indicators underwent two content validity surveys among groups of home visiting nursing care research and training experts. The research produced 22 proposed standards, 50 proposed criteria and 166 proposed indicators. Conclusion: The home visiting nursing care standards developed pursuant to the Long-Term Care Insurance for the Elderly Act and the applicability of these standards need to be verified by home visiting nurses. These proposed standards should prove useful in developing an assessment tool to encourage the qualitative enhancement of visiting nursing care in Korea.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.12 no.4
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• pp.1589-1596
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• 2011

Through the convergence of the games industry value creation is possible regions. It typically appears as a Serious Game. Education, medical, defense such as industry and convergence are creating greater added value. The government also identified the importance of the games industry, and the budget set, game development, support business, human resources development policy, along with business and industry to industry to solve the social problems of regulatory policy and operations are being announced. However, by accessing it from a different perspective on the continued growth of the industry's problems is thought to act as. Thus, policymakers in government positions and in fact industry to conduct business in the private sector to reflect both the position of the design of a new development approach is needed. In this study examines the current game industry development policies, as well as activities at corporate level and industry level, the activities of national at the same time that the service should consider using a model with an integrated perspective of the games industry development policy is proposed.

• Journal of Korean Library and Information Science Society
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• v.24
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• pp.485-517
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• 1996

The purpose of this study is to investigate typical ethical problems found in the technical and public services areas. The followings are the summary of the study. There are three distinct elements that govern ethical problems. One element is legal laws. The copyright law and the privacy act are exact examples. The copyright law has strong influence on the inter library loan service where the majority requests from the users are reproduction of copies. The privacy act also creates difficulties for librarians. Most requests for circulation records infringe on the privacy of library user. And advance online access systems also violates the privacy of library users. The second element is the code or rules that private organization has created. American Library Association created many statements that regulate the conduct of librarians. The bill of right, the professional code of ethics and policy on the confidentiality of library records have strong implications in the obligation of librarian. In the case of censorship at the selection of library materials, the code is a defensive tool against intellectual freedom. Yet self-censoring are prevailing practice among librarians. The thirds element is the competence of librarians. The analyzed table 3 showed that beside two elements, the rest of matters are competence required by librarians. The one aspect of it is humaneness and the other one is technical aspects. Technical aspect of competence are:(l) managerial and operational ability (2) communication skill (3) leadership (4) structure of knowledge and (5) self developing professionalism. Humanity aspect of competence are:(l) trust(fiduciary relationship) gained by diligence, objective judgement, ability, belief, rationality, integrity, kindness) (2) objectiveness (free from bias) (3) user-oriented consideration (need, interest, equal treatment, information gap) (4) caution in providing information (5) pride and (6) ability to distinguish advice and guidance specially in medical and law library.

• The Korean Society of Law and Medicine
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• v.10 no.2
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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.

• The Korean Society of Law and Medicine
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• v.22 no.1
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• pp.57-90
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• 2021

Telehealth has been a hotly debated health policy issue in South Korea, mostly because the medical community - especially primary care practitioners - have strongly opposed it. As a result, telehealth has remained forbidden under law. However, the temporary permission of telehealth in Korea, as well as its exploding use in other countries, all in response to COVID-19, is re-igniting the discussion on telehealth in Korea. This article explores general legal issues that may arise if and when telehealth is fully implemented in Korea. The article's analysis shows that legislative changes are necessary to allow reimbursement of telehealth as well as remote purchase of medicine. The article also advocates introducing new evidentiary rules to curtail covert recording of telehealth sessions. On the other hand, additional legislation is probably not necessary to address the medical liability of physicians practicing telehealth or to adress much-discussed privacy issues. The existing laws in those domains are already robust enough to operate without much difficulty in the context of telehealth too.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.143-174
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• 2019

Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution, and one of them is to prohibit the operation of multiple medical institutions. By the way, virtually multiple medical institutions could be opened and operated because the Supreme Court had interpreted that several medical institutions could be opened if medical activities were not performed directly at the additional medical institution which was opened under the another doctor's license. However, some health care providers opened the several medical institutions with another doctor's license for the purpose of the maximization of profit, and did illegal medical cares like the unfair luring of patients, over-treatment, and commission treatment. Also, realistic problems such as the infringed health rights have arisen. Accordingly, lawmakers had come to amend the Medical Law to readjust the system of opening for medical institution so that medical personnel could not open or operate more than one medical institution for any reason. For this reason, the Constitutional Court recently declared a constitutional decision through a long period of in-depth deliberation because the constitutional petition and the adjudication on the constitutionality of statutes had been filed on whether Article 33 paragraph 8 of the revised medical law is unconstitutional. The Constitutional Court acknowledged the "justice of purpose" in view of the importance of public medical institutions, of the prevention from seduction of for-profit patients and from over-treatment, and of the fact that health care should not be the object of commercial transactions. Given the risk that medical personnel might be subject to outside capital, the concern that the holder of the medical institution's opening certificate and the actual operator may be separated, the principle that the human body and life should not be just a means, and the current system's inability to identify over-treatment, it also acknowledged the 'minimum infringement'. Furthermore, The Constitutional Court judged it is constitutional in compliance with the principle of restricting fundamental rights, such as 'balance of legal interests'. In this regard, legislative complements are needed in order to effectively prevent the for-profit management and the over-treatment the Constitutional Court is concerned about. In this regard, consumer groups actively support the need for legislation, and health care providers groups also agree on the need for legislation. Therefore, the legislators should respect the recent Constitutional Court's decision and in the near future complete the complementary legislation to reflect the people's interests.