• Journal of radiological science and technology
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• v.44 no.5
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• pp.535-543
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• 2021

The purpose of this study is to investigate various opinions on changes and revisions in the Medical Technician Act, to compare the curriculum of radiological technologist and physicians or dentists, and to compare the definitions and scope of work of radiological technologist in Korea and abroad. From the information, The goal is to review whether the phrase 'guidance of a doctor or dentist' specified in the definition of the 'Act on Medical Technicians, etc.' is realistically appropriate. radiological technologist receive specialized college education on radioligical science & medical imaging. The training hours for radiolgical science student are greater than medical students. In addition, radiological technologists are continuously developing their competencies for new knowledge and skills through continuing education in clinical fields. In particular, radiological technologist are making steady research efforts to reduce patient exposure and improve medical image quality. As a result of this investigation, it is considered that the term "guided by a doctor or dentist" as currently defined in the 'Act on Medical Technicians, etc.' may need to be revised in consideration of the professionalism of the radiological technologist.

• The Korean Society of Law and Medicine
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• v.22 no.1
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• pp.3-23
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• 2021

Telemedicine is a field of medicine in which medicine doctors who are in remote distance can treat the patients using audio, video devices which can help the diagnosis. In medicine, even the face-to-face diagnosis and treatment is the traditional way, the telemedicine could provide the convenient way for the patients in long distance, disabled or anyone who want to be stay ones' home. But telemedicine has the task to maintain the quality of medical cares compare with the traditional medicine. Among the several types of telemedicine, the specific type telemedicine in which the medicine doctors examine, diagnosis and do the prescription to the remotely distanced patients could be defined tele-prescription. Under The Medical Service act, it is unclear that teleprescription could be allowed. The Medical Service Act has introduced the specific clause for the prescription. That clause includes the duty of patients who have to receive the prescriptions directly from medical doctors. Under this clause, the constitutional court had decided the tele-prescription was illegal, but the supreme court has been decided tele-prescription could be legalized under the certain circumstances. But the other supreme court decided the tele-prescription was illegal under the article 34 of presenting Medical Service Act. So to understand the interpretations of Supreme court and Constitutional court decisions for the cases of prescription via telephone, we need to understand the history and presented reasons for the revision of prescription clause and also need to understand the other related clauses in the same act. In conclusion, To consider the values of telemedicine should be the level with the ordinary treatments, It is reasonable to interpret that the presenting Medical Service Act only legalize the telemedicine between doctor to doctor and which is regulated by the telemedicine clause.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.31-60
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• 2014

In this paper the good Samaritan civil liability is argued. In many cases some damage could be caused by an emergency medical service. In such situations the degree of duty of care taken by the service provider would be alleviated depending upon the degree of emergency. Then the service provided by anyone not carrying any duty to do so could be generally ruled by the 'Korean Civil Act' Article 735. This article is related to the management of affairs in urgency. The application of this article means the mitigation of civil liability of the service provider. If the service provider not carrying any duty to provide it "has managed the affairs" of the service "in order to protect the" victim "against an imminent danger to the latter's life", the provider "shall not be liable for any damages caused thereby, unless he acted intentionally or with gross negligence". Korea has another rule applied in such a situation, that is the Korean 'Emergency Medical Service Act' Article 5-2. This article is established for the exemption from responsibility for well-intentioned emergency medical service. It could be referred to as the Good Samaritan law. It provides: "In cases where no intention or gross negligence is committed on the property damage and death or injury caused by giving any emergency medical service or first-aid treatment falling under any of the following subparagraphs to an emergency patient whose life is in jeopardy, the relevant actor shall not take the civil liability ${\cdots}$" In this paper the two articles is compared in the viewpoints of the requirements for and effects of the application of them respectively. The 'Korean Civil Act' Article 735 is relatively general rule against the the Korean 'Emergency Medical Service Act' Article 5-2 in the same circumstance. Therefore the former could be resorted to only if any situation could not satisfy the requisites for the application of the latter. In this paper it has suggested that the former article be more specific for the accuracy of making decision to apply it; and that the latter be revise in some requirements including the victim, the service provider, and the service.

• Journal of radiological science and technology
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• v.44 no.5
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• pp.503-512
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• 2021

The purpose of this study is to check the extent to which "instruction of physician or dentist" defined in the Medical Service Technologists, etc. Act is applied in relation to radiography examination procedures for radiological technologists. In addition, it is intended to present basic data on the requirement to revise the Medical Service Technologists, etc. Act in the radiological technologist's duty area and scope of work, The subjects of this study were radiological technologists with license, and the response data were collected after sending the questionnaire link written on the online questionnaire form. The final number of respondents were 1,018, and the response rate was 6.8%. Most of the negative responses were "I have never received 'instruction' for radiologic examination by a physician or dentist, including a radiologist in a medical environment." There were a high perception that "the professionalism in radiation examination on radiological technologists are higher than that of a physician or dentist." They answered that the current continuing education has a great impact on maintaining and continuing professionalism and learning new knowledge in the radiology field. In addition, the radiological technologists provide a very high level of education in areas related to radiography procedure ethics such as patient care, patient safety, and patient privacy protection, as well as specialized fields such as radiation-related examination methods, radiography examination dose, and patient exposure dose. Radiological technologists replied that they were receiving it consistently. In conclusion, in the current medical environment, the 'instruction' of a physician or dentist cannot be seen as being realistically performed. The phrase 'instruction' of a physician or dentist as defined in the Medical Service Technologists, etc. Act is considered inappropriate in respect of the fact that the state recognizes the qualifications of the medical service technologist through a license. It is thought that revision to a new term suitable for the current medical environment is necessary.

• Journal of Fisheries and Marine Sciences Education
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• v.28 no.4
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• pp.994-1005
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• 2016

Expansion and spreading of marine telemedicine is rather restricted due to the conflict of laws relating to medical service and lack of provisions in the Seafarers' Act, Medical Service Act, etc. Thus, this study is intended to reveal the current status and problems of marine emergency medical advice system for the furtherance of health care of seafarers and emergency medical assistance conditions and deduce relevant proposals for legislative improvements thereof in order to resolve underlying problems and issues. The results of this study can be summated as follows. First, in respect of directions to provide marine emergency service based on marine telemedicine system, emergency radio medical advice system needs to be strengthened to meet domestic and international instrument, marine telemedicine system needs to be provided through integrating u-Health technology and special marine medical center needs to be established. Second, regarding directions to provide health promotion service based on the marine telemedicine system, a new process of health care service for seafarers needs to be devised and provided involving seafarers' life cycle covering from prior to boarding to after leaving a ship. The conclusions of this study can be given as follows. First, the following new provisions need to be introduced in the Seafarers' Act. (1) The Minister of Oceans and Fisheries and a shipowner shall conduct matters pertaining to preventive health promotion and care for seafarers; (2) a provisions regarding establishment of seafarers' health promotion center by the Minister; (3) a special exemption permitting marine telemedicine service and qualification requirements for marine telemedicine assistant; (4) shipowner's obligation of carrying seafarers' health measuring equipment on board. Second, the relevant provisions regarding medical care persons needs to be revised in such a way that master or chief officer shall be appointed to be in charge of medical care on board. Last but not least, it is also essential to amend and update the minimum standards on drug and medicines to be carried on board and medicine chest and equipment on board.

• The Korean Journal of Health Service Management
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• v.4 no.2
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• pp.107-117
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• 2010

In this paper, the researcher looked into major issues in the "Act (Draft) on Remedy for Damage from Medical Accident and Medical Dispute Mediation, etc." which was proposed by the Health & Welfare Committee, the National Assembly of the Republic of Korea, and which was pending with the Legislation & Judiciary Committee. Then the researcher pointed out worrisome problems therein and presented suggestion" to improve problematic situations. First of all, the researcher examined the following items which are major points in the aforementioned Act: 1) Establishment of Korea Medical Dispute Mediation and Arbitration Center, 2) Procedures for mediation and arbitration of medical disputes, 3) Establishment of Medical Injury Compensation Association, 4) Introduction of proxy payment for damages, 5) Compensation for no-fault medical accidents, 6) A system concerned with special cases on criminal punishment. Next, the researcher closely reviewed the following possible issues: 1) Limit of arbitrary mediation, 2) Postponement of the system concerned with special case on criminal punishment, 3) Examination of reasons for rejection, 4) Function and role of the Appraisal department, 5) A possibility of being reduced to an evidence collection procedure for lawsuit, 6) A possibility of no-fault compensation rather than injury compensation, 7) Operational issues related proxy payment for damages. Lastly, the researcher presented suggestions on how to improve each problematic issue.

• The Korean Society of Law and Medicine
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• v.22 no.3
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• pp.97-124
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• 2021

In medical institutions, there are radiation-related workers such as radiological technologists, physicians, dentists, and dental hygienists who handle diagnostic radiation generators. Also, there are work assistants, such as nurses and assistant nurses, who assist in radiation treatment or transfer patients to the radiation examination room. Radiation exposure management for radiation-related workers is carried out under the 「Medical Service Act」, but there is no legal basis for work assistants, etc. And the management of radiation exposure for diagnosis is regulated by the 「Medical Service Act」, and the management of radiation exposure by therapeutic radiation and nuclear medical examination is governed by the 「Nuclear Safety Act」. Thus, to improve the management of radiation exposure for diagnosis, the regulations on radiation exposure management for diagnosis under the 「Medical Service Act」 were compared and reviewed with those of the 「Nuclear Safety Act」. As a result, the main contents are as follows. First, it is necessary to legislate to include nurses, assistant nurses, and clinical practice students who are likely to be exposed to radiation besides radiationrelated workers as subjects of radiation exposure management for diagnosis. Second, when a radiation-related worker for diagnosis is confirmed to be pregnant, the exposure dose limit should be defined. Third, it is necessary to revise the regulations on the types of personal exposure dosimeters in the 「Rules on the Safety Management of Radiation Generators for Diagnostics」. Fourth, it seems that health examination items for radiation-related workers, radiation workers, and frequent visitors should be the same. Fifth, It is necessary to unify and regulate diagnostic radiation and all medical radiation, including therapeutic radiation and nuclear medicine, in one legal system.

• The Korean Society of Law and Medicine
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• v.24 no.1
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• pp.43-65
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• 2023

The healthcare industry is a digital healthcare that combines technology based on the 4th Industrial Revolution, dealing with information on individual health and medical care, and is a fusion of health care services and medical science and technology. It is questionable whether digital healthcare according to the paradigm change can be discussed by the concept of medical practice under the existing Medical Act. There is no clear definition of the concept of medical practice in the Medical Service Act, but the concept is established through precedents. In addition, under the Medical Service Act, the subject of medical practice is limited to medical personnel. However, digital healthcare sometimes diagnoses and treats diseases using digital technology by medical personnel. On the other hand, what is possible by non-medical personnel is digital healthcare. This is because digital healthcare is understood as a concept that includes health care such as exercise, eating habits, and weight control. For this reason, if the concept of medical practice under the "Medical Act" on digital healthcare is included, it is subject to criminal punishment for "unlicensed medical practice" prescribed in Article 27 of the "Medical Act". In the health and medical industry, digital transformation and convergence with information and communication technology are rapidly progressing. As a result, there is a need to newly define it as 'digitalized medical practice' or 'information and communication technology (ICT)-based medical practice' separately from existing medical practices. The concept of medical practice has variability, not a fixed and invariable concept. However, in response to this demand, it is not an infinite expansion of the concept of medical practice, but a request to reset its scope. Therefore, the concept of medical practice should be legislated by reflecting the demand of consumers for the medical service system.

• The Korean Journal of Emergency Medical Services
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• v.12 no.2
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• pp.37-43
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• 2008

Purpose : It was to improve medical direction system through presenting need of doctor and paramedic in Korean Fire Service. Methods : This study was conducted by applying demand coefficients(4 for doctor, 3 or 4.5 for paramedic) to some data on medical director, paramedic, ambulance from National Emergency Management Agency. Results : Number of medical director & paramedic were 4 & 1,217. Number of necessary doctor for medical direction was 64 or 28(in case of direct medical direction) & 16 or 7(in case of indirect medical direction). Number of necessary paramedic for direct medical direction was 492(in case of 35% ALS ambulance) & 1,062(in case of 50% ALS ambulance). Conclusions : To improve quality & efficiency of medical direction brought up need of amendment of the Emergency Medical Services Act to apply indirect medical control such as standing orders, protocol, case review.

• The Korean Society of Law and Medicine
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• v.17 no.1
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• pp.3-43
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• 2016

The North Korean medical laws are consisted of 'People's Health Act' and 'Medical Act' in the peak of the North Korean constitutional law. Before the legislation of 'People's Health Act', a number of medical laws and regulations existed. But, at present, there is no information about its amendment and effectiveness. 'People's Health Act' legislated in 1980 declared fundamental principles and policies of the North Korean health care system. 'Medical Act' legislated in 1997 is the basic law among the North Korean medical laws. It presented the goals and fundamental principles of the North Korean health care, and then regulated the basics about 'Tests and Diagnosis', 'Medical Treatment', and 'Medical Appraisal'. 'Medical Act' of North Korea was established later than South Korea, and its provisions is smaller in number. And there are lots of abstract and declaratory provisions compare with South Korean 'Medical Act'. Especially there is no provision about the kind and requirements of medical personnel and medical institutions, so it is hard to grasp the North Korean health care system at once. Regarding the medical treatment, there are many similar contents between the North and South Korean 'Medical Act'. But, the provisions, such as regarding mixing the new medicine and the korean traditional medicine, encouraging natural therapies in medical treatment, and informing the patient's protector of bad diagnostic result if there is concern to have a bad influence on patient, are different from the South Korean 'Medical Act'.