• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.153-185
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• 2020

In principle, even if serious consequences such as death or serious injury of a patient occur as a result of a medical accident, if the medical malpractice of a health care worker is not recognized, the health care worker is not held liable for said consequences. However, with the opening of the Korea Medical Dispute Mediation and Arbitration Agency on April 7, 2012, a system was established to compensate health care personnel for their medical malpractices only in the case of "injuries caused by medical accidents in the course of childbirth" (hereinafter referred to as "program for compensation of medical accidents"). Article 46 paragraph 1 of the current Medical Dispute Mediation Act, which is the basis of the Force Majeure Medical Accident Compensation System, stipulates that "medical accidents under delivery" claims are to be determined by the Medical Accident Compensation Review Committee are subject to the compensation project. And the details of the compensation, ratio of sharing financial resources for compensation, scope of compensation, and the guidelines and procedure for the payment of compensations are prescribed by Presidential Decree. In other words, the Presidential Decree requires the state to pay 70 percent of the compensation funds, and 30 percent of the above funds among health care providers. The Constitutional Court has decided on the 2015Hun-Ga13 that the scope of the health care institution's founders and the share of the compensation funds cannot be directly determined by the law, and that the portion delegated by the Presidential decree does not violate the Principle of Legal Protection nor Comprehensive Nondelegation Doctrine. However, this can be seen as an exclusion of accountability for force-induced delivery accidents even if there is no negligence of the medical staff. If the nature of the system is a type of social security system with a social compensatory nature, it could consider eliminating the health care innovator's cost-sharing provisions, leaving the full cost to the state. However, it is also necessary to review institutional protocols that strengthen the efforts of medical institutions in areas such as analysis of the causes of medical accidents and measures to prevent their recurrence. In addition, I think that the conclusion of the Act is in line with the purpose of the Comprehensive Wage Support Regulations that at minimum the law sets an upper limit of the compensation funds that are to be paid by health and medical institutions. Moreover, it is reasonable for the Medical Accident Compensation Review Committee to specify gestational age and weight of births, which are the criteria for compensation, under the Enforcement Decree of the Medical Dispute Mediation Act, in relation to the criteria for payment of contributions by the Medical Accident Compensation Review Committee, and to set the detailed criteria.

• The Journal of the Convergence on Culture Technology
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• v.7 no.1
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• pp.264-271
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• 2021

In this paper, we intended to find the labor situations and labor rights consciousness of local juveniles and also to identify how they are treated and respond to those treatments they encounter. At the same time, another purpose of this research is to collect basic data to give the youth proper education about labor rights when they are faced with unfair labor practice. The research results are as follows: First, 262 students (50.5%) have work experience. Second, 133 students(24.9%) took the education about labor rights, which means relatively small number of students were educated about labor rights. Third, it is reported that 54.2% of those students considered 'payment' top priority, and 67.7% of them got the work through their parents, friends, and acquaintances, and 60.2% had their jobs at restaurants. Average working hours are 7 hours a day and 20 hours a week, which shows that they worked quite long hours. Fourth, 28.9% of respondents reported they wrote employment contracts, and 82.1% said their main purpose of work was 'to make money'. Fifth, 24.7% of the students reported the experience of unfair treatment while working, and the most common case was 'jobs other than expected work'(17.9%). When they were asked how they coped with the unfair treatments, the largest percentage(30.3%) of them answered they 'quit the job'. Last, when the respondants were asked to list improvements for juvenile part-time jobs, the answers were minimum wage and payment with weekly vacation allowance(25.1%), enhancing social awareness(14.3%), increasing good job opportunity(12.8%), and etc.. This demonstrates that social awareness of juvenile labor jobs is to improve urgently in local community.