• 의료법학
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• 제14권2호
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• pp.143-172
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• 2013

In order to achieve the purpose of treatment for patients by a doctor, the instruction explanation obligation, which means that he should give patients the description in more details to prepare for postoperative sequelae or complications, is common with the advice explanation obligation as a doctor should ex-plain some information to patients. Since the advice explanation obligation is the benefit and protection of the law for self determination right, but the instruction explanation obligation is one for the integrity of body and life, one can be distinct from the other. Judgments giving the instruction on the concept of instruction explanation obligation, specific methods of implementation and a range of compensation for damage are recently being made by courts at all levels including the Supreme Court. It is the time to systematize them. The contents which have been mainly discussed so far include the essence of above mentioned instruction explanation obligation. However, when the tendency of practice is considered, the efforts are required to admit the organic relevance between instruction explanation obligation and advice explanation obligation and to explain the relationship without any contradiction. For whereabouts of li-ability of proof, patients theoretically demonstrate the failure to implement it. However, when the theoretical consistency is maintained, it is likely to fail the intent to recognize the instruction explanation obligation and it may ask patients to prove something impossible to be proven. Thus, these things should be considered. Moreover, as the instruction explanation obligation is associated with medicine instruction obligation of a pharmacist and the coverage is being extended, it is the time to require the systematic study on the theoretical limit.

• 한국생활과학회지
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• 제18권1호
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• pp.75-92
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• 2009

The purposes of this study are to investigate the relationship between university students' romantic and parent attachment in attachment security and to examine the relationship among romantic attachment, parent attachment and filial obligation for generational transition. Major results of this study are as follows: first, the level of attachment anxiety in female students is higher than male students. 25.1% of the subjects is classified into a secure type and 74.9% is classified as an insecure type. Second, female subjects feel strong attachment to their mothers than male subjects. Third, romantic attachment of female students is related to attachment to their fathers. Fourth, male subjects feel more filial obligation than female subjects. Finally, their romantic and parent attachment are positively related to their filial obligation. Variables that explain male students' filial obligation are ones of 'giving economic aid to parent' and 'the extent of attachment to their fathers'. A variable accounting for female students' filial obligation is 'the extent of attachment to their mothers'.

• 보건행정학회지
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• 제22권3호
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• pp.315-346
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• 2012

The legal relationship between patient and physician is legally equal relationship. But, in times past, patients be compelled to sign an unequal contract, substantially. Because of the imbalance between supply and demand in the health care market. Today, the law of supply and demand in the health care market is running well. And as the cognition of citizens' rights grows, the relationship between patient and physician can also get a lot of changes. Patients have the right to know the information about medical care, and to decide whether or not to get treatment including invasions against their own bodies. In other words, Doctors have an obligation to explain to their patients. If doctors did not provide patients sufficient explanation or information, it violates the right of patients. This is a tort, or a breach of contract. To improve the remedy for violation of patient's right, patient is able to be protected by status as consumer. If patient is a kind of consumer in terms of medical consumption, he/she as consumer can enjoy supplementally the consumer's right. The patient as a consumer can exercise now a consumer's right as a constitutional right. In addition, with respect to consumer's rights, Framework Act on Consumers was enacted. This Act is based on constitutional provisions of Article 124 and the Act can be seen as a law that embodies consumer right because the provision of the constitutional law delegates specific contents. In the health care field, patients need to win recognition the statue of the consumer to hold the sovereignty of the consumer. In particular, if patients are consumers, they may be able to make good use of the quickly and efficiently collective dispute resolution and association lawsuit to rescue their damage, the Alternative Dispute Resolution(ADR) of Framework Act on Consumers.

• 의료법학
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• 제5권2호
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• pp.294-319
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• 2004

Because the treatment of a physician generally pertains to the intrusion into body of a patient, his/her consent is a must in order for such conduct to be justifiable. To ensure effective consent of a patient, the physician should fully inform him/her of kind and details of the disease and way of treatment and risks associated with it. The patient can, then, make a decision whether he/she should accept any treatment or operation, if necessary, on the basis of such information. The obligation of physicians to explain has since long been recognized as important in view of guaranteeing the rights of patients for self-decision and protecting them from arbitrary assessment of physicians for treatment. Progress has been made in this respect even to the extent that physicians treat patients on equal terms and think first of all much of establishing trustworthy relationships with patients. Lots of studies in Korea and foreign countries have tried to explore the issues concerning the obligation of physicians to explain in the meantime but seem to have failed to make concrete and versatile approaches from the standpoint of protecting the rights of patients. Wouldn't it be really possible for patients to perceive their own rights and cope actively with the medical treatments? If physicians have full understanding to the rights of patients, they will be put in a better situation to protect themselves and patients, in turn, can identify their own responsibility correctly, which will eventually contribute to fulfilling the goal of treatment. With this background, the present paper examines briefly the obligations of physicians for explanation based mainly on the preceding theories and judicial precedents in the first place and then deals with the status quo and contents of the German medical laws, with a focus on the treaty of European Law 1997 and its working document on the applications of genetics for health purposes that stipulate the detailed criteria on the medical treatment and rights of patients and Germany's $\ulcorner$Charter of Rights for Patients$\lrcorner$ promulgated in 2003.

• 항공우주정책ㆍ법학회지
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• 제35권2호
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• pp.113-136
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• 2020

전 세계 항공운송인의 관행으로 자리매김한 초과판매는 항공운송산업의 유지와 발전을 도모하는 반면, 승객의 입장에서는 유효한 운송계약을 체결하였음에도 불구하고 탑승거부를 당함으로써 여행계획에 차질을 빚을 수 있다. 국내 대법원은 초과판매를 근거로 승객의 탑승을 거절한 항공운송인에게 "채무불이행"에 따른 손해배상책임이 있다고 판결한 바 있다. 하지만 항공권 초과판매는 본래부터 가능한 좌석 수를 초과하여 판매한 것이므로, 해당 항공편의 여객 중에 아무도 운송계약을 철회하지 않으면, 여객 중 몇몇은 일방적으로 탑승을 거절당+하게 된다. 그러므로 항공권 초과판매에 따른 탑승거부로 인하여 급부가 불능이 되는 것은 이미 처음부터 특정되지 않은 누군가에 대한 항공운송인의 후발적불능이 아닌 원시적불능이라고 볼 여지도 있다. 급부가 원시적불능인 경우 그 법률관계는 무효이다. 급부의 원시적 불능에 따라 손해가 발생한 경우, 우리 민법은 채무불이행이 아닌 "계약체결상의 과실책임"의 법리에 따라 손해배상책임을 인정하고 있다. 결국 소비자가 항공운송인으로부터 항공권 초과판매에 따른 탑승거절로 인하여 손해배상을 받게 된다는 결론은 동일하지만, 그 책임이 발생하는 법적근거에 대하여 다른 측면에서 검토의 필요성이 있다. 나아가 각각의 구체적이고 개별적인 상황에 따라 항공운송사업자의 초과판매로 인한 탑승거부는 채무불이행의 법리적용이 불가능 경우도 발생할 수 있으며, 모든 법리에는 적용상의 흠결이 존재하므로, 입법 상의 공백을 채우기 위하여 새로운 법리의 적용가능성에 대하여 제기해 보았다. 더불어 이러한 손해배상청구원인에 대한 검토와 동시에 용인된 관행에 대한 손해배상의 인정은 오히려 양 당사자에게 혼란을 야기할 가능성도 충분하다. 하지만 항공운송사업자의 허락된 관행이라고 해서 소비자가 무조건 수용하여야 하는 현재의 관행에 대한 수정은 반드시 필요하다고 판단된다. 항공운송사업자에게 계속적으로 초과판매에 따른 채무불이행책임을 묻게 된다면, 초과판매를 할 수 밖에 없는 항공사업 환경에 치명적일 수 있으며, 소송경제상으로도 양 당사자에게도 불합리한 결과가 될 것이다. 그러므로 항공운송사업자의 항공여객운송계약을 체결함에 있어 보다 명확한 설명의무를 부과하고, 항공운송사업자가 이행의무를 충실하였을 때는 면책될 수 있도록 한다면 항공운송사업자와 여객 모두에게 합리적인 방안이 될 것이다.

• Journal of Medicine and Life Science
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• 제16권1호
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• pp.10-12
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• 2019

Medical disputes can always arise in the medical environment. We aimed to decrease the medical disputes by analysis for causes and results of cases of medical disputes. The cases of medical dispute were found on the homepage of the Supreme Court based on the judgment data which was searched using the keyword 'Jeju, Medical accident' and it was described as the area related to each medical accident. There was total of 13 cases related medical disputes in Jeju. The final states of the patients were different in each causes, but death accounted for 10 cases (76.92%), comatose state for one and disability for two respectively. The cases were 2 related with an injury from a fall. The major cause was violation of medical care obligation. Physician have to learn recent medical knowledge, have competence, and explain the detailed procedures and complications before the procedures dependent on patient autonomy.

• 품질경영학회지
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• 제47권3호
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• pp.509-522
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• 2019

Purpose: The purpose of this study is to analyze how the writing rules of the product user guide affect consumers' understanding of products and the prevention of product accidents. Methods: We surveyed consumers to see how the writing rules of the product user guide help consumers to understand products and prevent product accidents. Results: We derived the importance, necessity, usability, and readability of the principle of making product manuals through analysis of previous research. Usability is the writing rule of the product user guide that the consumer has the most influence on the understanding of product use and the product accident. Conclusion: It is necessary to make product user guide so that consumers can understand the function and safety of products by using video and various image media. Also, It is the obligation to explain all stages of the product and to communicate through the product user guide how to prevent the product accident step by step.

• 대한간호학회지
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• 제37권2호
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• pp.213-220
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• 2007

Purpose. The purpose of this review is to explore cultural influences on the experiences of Korean, Korean American, and Caucasian American family caregivers caring for frail older adults in terms of the selection of a primary caregiver, caregiving motivation, support/help-seeking, and negative emotional responses (depression and burden). Methods. Seven electronic databases were searched to retrieve studies from 1966 to 2005. Thirty-two studies were identified. Results. This review supported cultural influences on the selection of primary caregiver, caregiving motivation, and support/help-seeking among the three caregiver groups. In Korean caregivers, the major primary caregivers were daughters-in-law while among Korean American and Caucasian American caregivers, the major primary caregivers were daughters or spouses. As a major caregiving motivation, Caucasian American care￢givers reported filial affection while Korean caregivers and Korean American caregivers reported filial obligation. Korean caregivers reported higher extended family support, while Caucasian American caregivers reported higher utilization of formal support. Korean caregivers showed the highest levels of depression followed by Korean American caregivers and Caucasian American caregivers. Conclusion. In order to develop culturally appropriate interventions and policies, more research is needed to further explain these differences among the three groups, especially regarding support/help-seeking and negative emotional responses.

• 산경연구논집
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• 제10권2호
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• pp.39-49
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• 2019

Purpose - Customer loyalty and citizenship behavior are key success factors of franchise system. They make the management of franchisee more effective and efficient. Prior studies, however, mainly dealt with only acquisition utility of customer, such as perceived product/service quality and brand reputation to explain customer loyalty and citizenship behavior, which explains only on one side. We tried to investigate the effect of exchange utility of customer, such as relationship strength and psychological obligation together with the acquisition utility. In addition, we tried to investigate the relationship between customer loyalty and citizenship behavior in franchise context. Research design, data, and methodology - This study used data collected from the dining franchisee managers of 342 franchisors in South Korea. The franchisors consist of more than ten franchisees, the majority of which participated directly in the transaction with franchisor and have worked for more than six months. To test the hypotheses, the study used structural equation model analysis. Results - H1-1, 1-2, 1-3 predicted that acquisition utility would increase customer loyalty to franchisee. In support of H1-1, 1-2, 1-3, the results indicated that acquisition utilities such as perceived product value, perceived service value, and franchise brand reputation had positive effects on customer loyalty. H2-1, 2-2 predicted that exchange utility would increase customer loyalty to franchisee. In support of H2-2, the result indicated that psychological obligation had positive effects on customer loyalty like other acquisition utilities. However, H2-1 was not supported. Relationship strength had no significant effect on customer loyalty. H3 predicted that customer loyalty would increase customer citizenship behavior. In support of H3, the results indicated that customer loyalty had positive effect on customer citizenship behavior. Overall, the evidences generally supported the hypotheses. Conclusion - The results of the study show that not only acquisition utility but also exchange utility increases customer loyalty to franchisee and also show that customer loyalty increases customer citizenship behavior. Interestingly, however, relationship strength has no significant effect on customer loyalty. These results have two implications. The one is that increasing exchange utility can improve customer loyalty as acquisition utility can. The other one is that both of customer utilities can improve customer citizenship via customer loyalty.

• 무역상무연구
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• 제67권
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• pp.23-47
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• 2015

European Commission drafted and proposed the Common European Sales Law(CESL) to the European Parliament for the realization of a uniform set of international private law rules within the EU internal market. Since its purpose is for free international commercial activities for the sale of goods, for the supply of digital content and for related services, it was proposed to enable EU Member States to adopt or supplement as their substantive law according to their options. This study is relate to the legal bases on termination of a contract under CESL, they are composed of three parts: damages and interest, restitution and prescription. Damages and interest are divided into damages, general provisions on interest on late payments, and late payment by traders. Damages are explained by dividing into right to damages, general measure of damages, foreseeability of loss, loss attributable to creditor, reduction of loss, substitute transaction, and current price. Restitution is described by dividing into restitution on revocation, payment for monetary value, payment for use and interest on money received, compensation for expenditure and equitable modification. Prescription is explained by dividing into general provisions, periods of prescription and their commencement and extension of periods of prescription. General provisions explain right subject to prescription into a right to enforce performance of an obligation and any right ancillary to such a right. Regarding period of prescription, the short one is two years and the long one is ten years. However, in the case of a right to damages for personal injuries, period of prescription for such right is thirty years. Regarding commencement, the short one begins to run from the time when the creditor has become, or could be expected to have become, aware of the facts as a result of which the right can be exercised, while the long one begins to run from the time when the debtor has to perform. However, in the case of a right to damages, the CESL clarifies that it begins to run from the time of the act which gives rise the right.