• 제목/요약/키워드: Oriental Medical Practice

검색결과 328건 처리시간 0.027초

한의사의 면허 외 행위 판단 기준에서 "진단의 보조 수단"의 의미 - 대법원 2023. 8. 18. 선고 2016두51405 판결 - (Meaning of "an auxiliary method of diagnosis" in the judgment of unlicensed medical practice by Korean medical doctors - Supreme Court Decision 2016Du51405 on August 18, 2023 -)

  • 최혁용
    • 의료법학
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    • 제24권3호
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    • pp.125-153
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    • 2023
  • 대법원 2022. 12. 22. 선고 2016도21314 전원합의체 판결은 한의사의 진단용 의료기기 사용이 면허된 것 이외의 의료행위에 해당하는지를 판단하는 새로운 기준을 제시하고, 이 기준에 따라 한의사의 초음파 사용을 무면허 의료행위가 아니라고 판단하였다. 대법원 2023. 8. 18. 선고 2016두51405 판결은 새로운 판단기준을 적용하여 뇌파계를 파킨슨병과 치매 진단에 사용한 행위가 한의사로서 면허된 것 이외의 의료행위에 해당하지 않는다고 판단한 첫 번째 사안이다. 대법원은 판례변경을 통해 의료기기 사용에 서양 의학적 지식과 기술이 필요하지 않아야 한다는 종전 기준을 폐기하였지만, 진단용 의료기기를 사용한 한의사의 서양 의학적 진단행위를 진단의 보조수단으로 볼 것인지는 불투명한 상태였다. 이에 대법원은 뇌파계를 활용하여 파킨슨병과 치매, 즉 서양 의학적 진단을 한 한의사의 행위를 면허된 것 이외의 의료행위가 아니라고 판단함으로써 진단의 보조수단이 가지는 의미를 명확히 정리하였다. 이외에도 대상 판결은 뇌파계의 개발, 제작 원리와 뇌파계 검사 결과의 자동 추출 및 자동 판독 여부 또한 판단기준에서 배제함으로써 한방의료행위의 의미가 수범자인 한의사의 관점에서 명확하고 엄격하게 해석되어야 한다는 죄형법정주의 관점을 더욱 투철하게 적용하고 진단용 의료기기가 한의학적 의료행위 원리와 관련 없음이 명백한 경우가 아닌 한 형사처벌 대상에서 제외됨을 분명히 하였다.

한방전문간호사제도를 위한 예비조사 (Preliminary Study for Development of System for Oriental Nurse-specialist)

  • 백지영
    • 한국간호교육학회지
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    • 제7권2호
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    • pp.275-284
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    • 2001
  • This study was conducted to examine the nurses' role in Oriental medical hospital and the necessity of Oriental medical nursing system. Data were collected from 194 nurses in 14 Oriental medical hospitals located in Seoul, Busan, Daegu, Kwangju, Kangwon Province, Kyungbuk Province from July 1, 2000 to September 10, 2000. The results of this study are summarized as follows. 1. In nurse's level of knowledge of acupuncture point in current Oriental nursing practice, 28.4% of the respondents did not know acupuncture points at all, while 30.9% knew them a little. 40.7% of them did not almost know them. 2. According to nurses' role in Oriental medical hospital, they did a lot of duty for measurement of vitality, medical record, Dr. notifying, communication with medical team and related departments, and observation of patients' conditions. They did a little duty for handling Oriental medical practice. 3. As the subject of curriculum for Oriental medical nursing, 52.1% chose training course for Oriental medical nursing, while 25.8% chose inclusion of the curriculum in the school of nursing. 39.2% replied that they would take the training course for Oriental medical nursing, while 3.6% answered that they would not take it. 68.6% of them thought that Oriental medical nursing system should be introduced, while 4.1% objected to introducing the system. The nurses in Oriental medical hospitals are working with many problems because of their role confusion and low level of knowledge in Oriental medicine. Therefore, systematic curriculum and research related to Oriental medical nursing are necessary. Oriental medical nursing system must be introduced in order to make nurses have professional knowledge and skill in Oriental medicine. The nurses then can provide services of good quality for the patients.

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판례분석을 통한 한방의료행위개념의 법적 근거 고찰 (A Study on the Legal Aspect of the Concept for Medical Practice in Korean Medicine through Cases Analysis)

  • 이미선;권영규
    • 한국한의학연구원논문집
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    • 제15권3호
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    • pp.19-28
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    • 2009
  • Objectives : The lawsuits associated with medical practice in Korean medicine are increasing gradually. However, the clear definition for medical practice in Korean medicine has not been existed in Korean law. Only we may understand the concept regulated by judicial precedents of the court of justice or the authoritative interpretation by the government. Methods : For study, a database was established for medical lawsuits involving Korean medicine(1968~2009, n=130). Results : According to court rulings, the medical practice in Korean medicine is an act to diagnose a person's illness, prescribe and treat to cure based on traditional Korean medicine, to be understood as a medical care, to have some factor to create or increase danger for the preservation of health or hygiene, and to be practiced by medical specialists based on their professional knowledge. Conclusions : But, such definition is not proper and exceedingly vague. Besides medical circumstances Koreans Medicine are changing, and new precedent to the definition of the practice of medicine is establishing. Therefore the meaning and scope of the medical practice in Korean medicine should be modified and amended, reflecting these conditions.

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의안(醫案) 학습효과에 대한 연구 (Study on Effect of Learning Treatment Chart)

  • 김용찬;신현규;김병수;강정수
    • 동의생리병리학회지
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    • 제19권3호
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    • pp.580-585
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    • 2005
  • Treatment chart(醫案) is a document that doctors have described about their own practice. Western doctor's chart has a prescribed form, but otherwise chart of oriental medicine is a free form. As It has no prescribed form, doctors of oriental medicine have recorded important facts that they think especially. For example, details are patient's name, age, sex and address, the name of disease, state of pulse and tongue, state of secretions(stools, urine, perspiration, etc.), color of face, state of sleep and thirst, diagnosis, prescription, improvement of herb, teaching, and so forth. If we study on chart of oriental medicine, we draw a lesson about practices of a famous doctors. Through that we can increase ability of diagnosis and adaptation to circumstance, make ourselves familiar with use of past prescriptions and way of changing prescription, and learn narrative story of past doctors' personal experience, their though and teaching. As chart of oriental medicine had many methods to take a measure to meet the false situation, we can learn that. Through chart of oriental medicine, we can improve our practice of oriental medicine.

한방의료보험의 의료사회학적 접근에 관한 연구 (A Study on the Social Medical Approach of Oriental Medical Insurance)

  • 김정필;이기남
    • 대한예방한의학회지
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    • 제2권1호
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    • pp.113-144
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    • 1998
  • Through the sociological approach on the Oriental Medical Insurance, 1 has reflected on the necessity and propriety of the Herb-pack Medicine Insurance, what the government and the Oriental Medicines as the main organization of it should think about. So I come to the conclusion as follows ; First, medical sociological approach must precede the study on the Herb-pack Medicine Insurance and in the process concrete, political problem must be solved. Second, although the Oriental Medicines has a different way from the Western Medicines, it comes to take up a part of health service field with its independent efforts. And coming changes count on whether the Oriental Medicines exert independently or not. Third, due to the original limit of the Oriental Medical Insurance, it has little effect on the Oriental Medicine Service's popularization and development. Yet bit gives the opportunity to present where the Oriental medicines should go and the way to develop it is the practice of the Herb-pack Medicine Insurance. fourth, so it can be said that the practice of the Herb-pack Medicine Insuranceis our important plan which can not only make the Oriental Medicines improve as the professional jods but also solve the contradiction of the Korea Medicines

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"의학독서기(醫學讀書記).권상(卷上)"에 대한 번역연구(飜譯硏究)(II) (A translation study on the first volume of Uihakdokseogi"(醫學讀書記)"(II))

  • 임이빈;방정균
    • 대한한의학원전학회지
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    • 제21권2호
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    • pp.125-143
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    • 2008
  • Ujaegyeong(尤在涇) is a doctor of the Cheong Dynasty[淸代], whose works include "Geumgweyoryaksimjeon", "Shanghangwanjujip(傷寒貫珠集)", and "Uihakdokseogi(醫學讀書記)". Much research has been done on "Geumgweyoryaksimjeon" and "Shanghangwanjujip", but "Uihakdokseogi" has seen relatively little interest. This study aims to translate the first volume of "Uihakdokseogi" and compare the work with other literature in order to gain a better understanding of Ujaegyeong(尤在涇)'s medical theories and to review the viability of the said theories in practice. "Uihakdokseogi" is a casual work which mentions U's thoughts on various problems found through extensive studying or in practice. The book does not focus on a single topic. Thus, the spectrum of the work is broad and is filled with problems which would interest most medical professionals.

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화병 임상진료지침 개발 연구 (2) - 지침 개발에 활용되는 도구 - (Development of Clinical Practice Guideline for Hwabyung (2) - Tools for Development -)

  • 정선용;김종우
    • 동의신경정신과학회지
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    • 제20권2호
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    • pp.153-162
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    • 2009
  • Objectives : The approach to Hwabyung from all angles is needed to develop the clinical practice guideline. To achieve this approach, various tools should be used practically and systematically. Methods : We gather the tools based on multi aspects of Hwabyung's characteristics. The tools will be used to each steps of clinical practice guideline development. Results : For the clinical practice guideline, there should be applied many kinds of tools, such as for decision and assesment, survey with oriental medicine property, collecting individual stress information, mental and psychological trait, and related or following disease. Conclusions : Application of many objective tools provides the evidence-based medical approaches for development of clinical practice guideline for Hwabyung.

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한방전문간호사 교육과정 개발 연구 (A Study for a Curriculum for the Oriental Clinical Nurse Specialist Program)

  • 이향련;김귀분;조결자;신혜숙;김광주;왕명자;김숙영;김정아;김현실
    • 대한간호학회지
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    • 제30권6호
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    • pp.1467-1478
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    • 2000
  • The purpose of this study was to develop a curriculum for the oriental clinical nurse specialist program based on the understanding of Korean human beings so as to develop nursing as a profession and promote the client's health. The design of this study was based on literature review and nominal group study. The research was managed by East-West Nursing Research Institute of nursing science college at Kyung Hee University. The research team was composed of 17 professors of nursing departments of oriental medical colleges. We obtained opinions from Oriental Nurses Association, Oriental Nursing Research Association, and professors in oriental medical college. We reviewed articles, curriculums of other clinical nurse specialist programs, medical laws and the curriculum development plan for the oriental clinical nurse specialist program from Korean Nurses Association. We discussed a curriculum thoroughly in numerous meetings. We developed a following curriculum: 1. Educational philosophy was founded on the oriental human view which was based on Chun-In union theory. It was founded on the oriental health view which recognized health being in harmony with nature and the balance of body function with the harmony of Yin-Yang in the five elements. In addition, it was founded on oriental nursing view to promote these health states. 2. Educational goals were to train oriental clinical nurse specialists, oriental nursing educators and oriental nursing researchers who developed knowledge of oriental nursing theory, nursing practice and created a leadership. 3. Curriculum consisted of 48 credits, of which 36 credits are based on lectures and laboratory classes and 12 credits are based on clinical practice. 36 credits consisted of 5 general subject credits and 31 core subject credits. General subjects consisted of nursing theory, nursing research, law and ethics. Students who had earned master's degrees are not required to take the general subjects. Core subjects consisted of 11 subjects such as advanced physical examination and laboratory, oriental nursing theory, original text of oriental nursing, oriental medical nursing, oriental pediatric nursing, oriental gynecologic nursing, oriental gerontologic nursing, oriental pharmacology, oriental constitutional nursing, advanced nursing of channels and acupuncture points and laboratory and oriental rehabilitation nursing and laboratory. In addition, clinical practice in a hospital ward, out patient department, herb prepation room, department of physical therapy and health promotion center in oriental medical hospitals for 12 weeks. To admit this program, students should complete prerequisites of introduction to oriental nursing and nursing of channels and acupuncture points. 4. Course contents of each subjects were developed to include the course's goal and objectives and specific items. 5. Evaluation involved lecture, laboratory and in field practice. We applied various evaluation systems and methods that were based on both knowledge and skills of the students to ensure full credibility and validity.

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청강 김영훈 진료기록 데이터베이스모형 개발연구 (Research of Database Model of Kim-YoungHun's Medical Chart)

  • 차웅석
    • 동의생리병리학회지
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    • 제20권2호
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    • pp.279-291
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    • 2006
  • Cheong-Gang Medical Chart is 60 years worth of diagnosis records kept by Oriental Medicine Doctor Kim Young Hoon [金永勳, 號 晴崗 1882-1974], who held practice in Seoul's Jong-ro from 1915 till 1974. Kim Young Hoon's eldest son, Kim Ki Su (金琦洙) donated the medical records exceeding a thousand volumes to KyungHee University, and researches are being made presently. The author of Cheong-Gang Medical Chart, Kim Young Hoon, was a medical scholar who studied the essence of the traditional medicine of his time. He was handed down the quintessence of traditional medicine by keeping in touch with the prominent oriental doctors in Seoul at that time, and he constantly applied it to his practice and made records of it. Consequently, his diagnosis charts contain a whole new form of prescriptions, treatment skills, and processes of clinical application that have never been seen before in the texts of Korean Medicine. The writer has written a paper on the present condition of Cheong-Gang Medical Chart, which was published in the Journal of Korean Oriental Medicine in 2004. This manuscript reports the results of the test studies made to develop an efficient database model as a prior step to organizing the medical records into a data bank.

한방 의료분쟁과 한의사의 적절한 진료 가이드라인에 대한 고찰 (Medical Dispute and the Proper Guideline for Medical Practice in Korean Medicine)

  • 이해웅;김훈
    • 동의생리병리학회지
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    • 제20권6호
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    • pp.1749-1762
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    • 2006
  • Medical disputes are increasing year by year in korean medical institutions as the frequency of patient's visiting korean medical institutions goes high and the reliability relations between korean medical doctors and patients are getting worse than the past. Frequently occurring accidents in korean medical acts fall into some categories such as medical treatment of acupuncture${\cdot}$moxibustion${\cdot}$cupping, korean herbal medication, korean medical physical therapy, wrong diagnosis. Frequently occurring accidents include these cases. Infection due to improper treatment process of acupunctrue or wet-cupping ; skin-burns caused by moxibustion, infrared therapy or haet therapy ;toxic hepatitis or kidney dysfunction induced by herbal medication ; progression of disease or missing of opportunity of timely transfer because of wrong diagnosis. It will prevent medical accidents to a great extent for korean medical doctors to have scientific diagnostic techniques and lab. test results at hand in korean medical institutions.