• 생물정신의학
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• 제30권1호
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• pp.7-16
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• 2023

Objectives This study aimed to review the Korean Constitution articles 14 and 20 of the "Law on suicide prevention" and investigate public perceptions of specific improvements to suicide prevention policies using results from the Korean 2018 National Survey on Suicide. Methods The questionnaire was designed to analyzing the act restricts sharing of patient information between hospitals, making it difficult to track suicide attempts. The questionnaire was also designed to suggest further medical and normative criteria for objective judgment of continuous follow-up utilizing suicide risk evaluations and proportional principle review that consider patients' and medical staff's basic rights. Results This study identified the result of the 1500 respondents, 79.1% believed that Korea should allow suicide prevention management to be implemented without requiring individual consent to protect suicide attempters. Conclusions According the results, I propose the following criteria for policy improvement: use of anonymized information and non-profit research for technical and ethical considerations, access to medical information only for therapeutic purposes, and use of surgical severity assessment criteria appropriate for Korea.

• 의료법학
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• 제10권2호
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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.

• 한국인터넷방송통신학회논문지
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• 제16권5호
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• pp.117-123
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• 2016

최근 개인건강기록(PHR)은 환자중심의 건강정보교환 모델로 각광받고 있다. PHR 소유자는 언제 어디서나 쉽게 자신의 기록을 저장하고 회수할 수 있는 접근 권한을 누릴 수 있다. 하지만, PHR의 민감성과 신뢰성 특성 때문에 PHR은 개인이 접근할 수 있는 권한을 결정할 수 있도록 안전하게 유지되어야 한다. 본 논문에서는 응급상황에서 사용자의 PHR에 접근할 수 있는 시스템을 제안하였다. 환자가 의식이 없는 응급상황에서 응급센터요원은 PHR에 대해 미리 정의된 권한에 의하여 PHR 서버에 응급접근을 요청한 응급 정보를 사용할 수 있다. 제안된 시스템에서 PHR 사용자는 응급상황에서 좀 더 정교한 접근제어를 명세화 할 수 있다.

• 간호행정학회지
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• 제9권4호
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• pp.541-557
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• 2003

Purpose: This descriptive study was designed to explore the clinical nurse's ethical value regarding human life. Method: Data were collected from September to October, 2002. Study subjects were 527 clinical nurses working in General Hospital as tertiary located in Seoul. Ethical value was measured with questionnaire developed by researchers and consisted on items regarding ethical value on human life. Result: Among the items, most nurses highly agree with the item, "When a patient requests his/her health care provider to keep his/her personal secret, the health care provider is obliged to do so." and "When a patient asks for information on his/her medicinal and dietary contents, his/her wish must be granted." Most clinical nurses mainly agree with the item. "Health care providers must always be honest to the patient and/or his/her family". However, most nurses disagree with the item, "When a patient is on the verge of death after an accident, it is justifiable to soothe his/her family by saying 'he/she is OK' instead of telling them the truth, in order to avoid a sudden shock befalling on them". Most clinical nurses mainly disagree with the items, "When a patient is on the verge of death after an accident, it is justiable to soothe his/her family by saying 'he/she is OK' instead of telling them the truth, in order to avoid a sudden shock befalling on them" and "It is justiable that various new ways of treatment should be applied to patient at his/her terminal stage to prolong his/her life, even for the purpose of research". There were significant differences in some items of ethical value according by clinical nurse's age and professional experience, current position, religion, education, marital status, continued education on ethics, and the experience of holing on life saving treatment. Conclusion: It is intensifying the notion of ethical underpinning for human rights, truthfulness is essential to a trust relationship under what circumstances. Also most clinical nurses agree with that It is essential to trust in the nurse-patient relationship, patients have the right to know and it is the ethical thing to do as health care provider.

• 의료법학
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• 제7권2호
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• pp.9-74
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• 2006

Due to the awareness of their rights for medical liability and the advancement of legal principles, it becomes also not hard to find those who seek damages against hospitals, doctors and nurses for the suicide committed under the protection of psychiatric institute in Korea these days. Judgements on these kinds of cases are not enough yet, so that it may be too early to try to find principles used in these cases, however it is hardly wrong to read following things from above cases. That is, to gain the case, plaintiffs should show (1) there exists an obligation of "due care"(there is a special relation between patients and hospitals), (2) the duty is violated on the basis of the applicable standard of care, (3) whatever injures or damages are sustained are proximately caused by the breach of duty and (4) the plaintiff suffers compensable damages. To specific, whether a psychiatric institute was liable for wrong death or not depends upon the patients conditions, circumstances and the extent of the danger the patients poses to himself or herself; in short, the foreseeability of self-inflicted harm(the doctor should have or could reasonably have foreseen the patient's suicide and the doctor's negligence actually caused the suicide). In this context if a patient exhibit strong suicidal tendencies, constant observation should be required. Negligence has been found not exist, however, when a patient abruptly and unexpectedly dashes from an attendant and jumps out a window or otherwise attempts to injure himself or herself. And the standard of conduct that is required to meet the obligation of "due care" is based on what the "reasonable practitioner" would do in like circumstances. The standard is not one of excellence or superior practice; it only re quires that the physician exercise that degree of skill and care that would be expected of the average qualified practitioner practicing under like circumstances. Most of these principles have been established at cases of the U.S.A and Japan. In this article you can also find the legal organizations of medical liability and medical contacts on the suicide of patients who have psychiatric diseases under Korean negligence law.

• Asian Pacific Journal of Cancer Prevention
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• 제14권7호
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• pp.4455-4457
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• 2013

In the new millennium people are facing serious challenges in health care, especially with increasing non-communicable diseases (NCD). One of the most common NCDs is cancer which is the leading cause of death in developed countries and in developing countries is the second cause of death after heart diseases. Cancer registry can make possible the analysis, comparison and development of national and international cancer strategies and planning. Information technology has a vital role in quality improvement and facility of cancer registries. With the use of IT, in addition to gaining general benefits such as monitoring rates of cancer incidence and identifying planning priorities we can also gain specific advantages such as collecting information for a lifetime, creating tele medical records, possibility of access to information by patient, patient empowerment, and decreasing medical errors. In spite of the powerful role of IT, we confront various challenges such as general problems, like privacy of the patient, and specific problems, including possibility of violating patients rights through misrepresentation, omission of human relationships, and decrease in face to face communication between doctors and patients. By implementing appropriate strategies, such as identifying authentication levels, controlling approaches, coding data, and considering technical and content standards, we can optimize the use of IT. The aim of this paper is to emphasize the need for identifying positive and negative effects of modern IT on cancer registry in general and specific aspects as an approach to cancer care management.

• 의료법학
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• 제16권2호
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• pp.55-84
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• 2015

일반적으로 결핵은 기침, 대화, 노래 부르기와 같은 일상적인 생활에서 전파되는데, 전염성 결핵 환자는 1년 동안 10명 이상의 사람을 감염시킨다고 한다. 우리 사회로부터 결핵을 퇴치하기 위해서는 전염원이 되고 있는 결핵 환자에 대한 치료와 관리가 필수적이며, 의료진의 치료 지시에 불응하는 환자는 본인의 건강과 공중 보건 측면에서 큰 문제가 된다. 일차적으로는 결핵균을 외부로 배출하는 결핵 감염 환자가 문제이지만, 이차적으로는 치료에 의하여 감염성이 일시적으로 없어진 경우라도, 지속적인 치료를 받지 않으면, 예컨대 결핵 약을 복용하지 않으면 결핵이 재발할 가능성이 높은 결핵 환자라면, 치료 불응이 개인과 공중보건에 잠재적 위험이 될 수 있다. 결핵 환자가 의료진의 치료 지시 또는 권유에 불응한다면, 의료적 조치는 공적인 강제력과 결합하게 된다. 결핵은 환자 개인의 문제가 아니라 공중보건에 위해를 일으키는 감염병이기 때문에, 환자의 치료 거부권은 공공복리를 위한 기본권 제한 사유(헌법 제37조 제2항)가 되는 것이다. 다만 환자에 대하여 강제력을 부가하는 경우에도, 시행하고자 하는 강제의 방법에 따라 기본권의 제한의 정도가 다를 수 있다. 일반적으로 강제 구금과 같은 신체의 자유에 대한 강한 제한을 시행하기 이전에, 약한 정도의 제한이 가해지는 직접복약확인치료(Directly Observed Therapy, DOT)와 같이 환자가 자신이 약을 복용하는 것을 약속하고, 직접 의료진이 확인함으로써, 치료 순응도를 확인하고 환자의 자유를 좀 더 보장하는 것이 강제 구금과 같은 강한 기본권 제한 방법보다 좋을 것이라는 점은 일응 타당하다. DOT 치료에 대하여 순응하지 않거나, 기존에 환자가 보여 주었던 태도에 비추어 치료에 불순응할 것으로 강하게 예측되는 경우라면, 의료진은 환자를 강제 구금하고 치료하는 방법을 취하게 될 것이다. 우리나라의 결핵 예방법은 강제 구금과 관련하여, 두 단계의 명령 제도를 가지고 있는데, 첫째는 입원명령제도(결핵예방법 제15조)이고, 둘째는 격리명령제도(결핵명령법 제15조의2)이다. 본 논문에서는 강제 구금 명령에서 가장 기본권 제한의 정도가 심한 격리 명령을 분석하는 것인데, 이를 위하여 입원명령과 격리 명령의 차이점을 살펴보고, 이를 통하여 치료 불순응 결핵 환자에 대한 강제 조치로서 격리 명령 제도의 실행 방안과 실행에 있어서 법적 한계를 다루고자 하는 것이다.

• 품질경영학회지
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• 제51권4호
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• pp.531-550
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• 2023

Purpose: The unique nature of life-and-death healthcare services sets them apart from other service industries. While many studies exist on the relationship between healthcare services and customer satisfaction, most of them focus on mildly ill patients, ignoring the differences between critically ill and non-seriously ill patients. This study discusses the actual quality of healthcare services for patients who are facing life-threatening illnesses and are on life support, as well as their right to protection and dignity. Methods: The survey conducted to 149 patients with the four major illnesses: cancer, heart disease, brain disease and rare and incurable disease, those who have experiences with senior general hospitals. Results: The basic statistics of this study are adequate to represent the four major critical illnesses, and the reliability and validity of this study's hypotheses, which were measured by multiple items, were analyzed, and the internal consistency was judged to be high. In addition, it was found that the convergent validity was good and the discriminant validity was also secured. When examining the goodness of fit of the hypotheses, the SRMR, which is the standardized root mean square of residuals that measures the difference between the covariance matrix of the data variables and the theoretical covariance matrix structure of the model, met the optimal criteria. Conclusion: The academic implications of this study are differentiated from other studies by moving away from evaluating the quality of healthcare services for mildly ill patients and focusing on the rights and dignity of patients with life-threatening illnesses in four senior general hospitals. In terms of academic implications, this study enriches the depth of related studies by demonstrating the right to protection and dignity as a factor of patient-centeredness based on physical environment quality, interaction quality, and outcome quality, which are presented as sub-factors of healthcare quality. We found that the three quality factors classified by Brady and Cronin (2001) are optimized for healthcare quality assessment and management, and that the results of patients' interaction quality assessment can be used to provide a comprehensive quality rating for hospitals. Health and human rights are inextricably linked, so assessing the degree to which rights and dignity are protected can be a superior and more comprehensive measurement tool than traditional health level measures for healthcare organizations. Practical implications: Improving the quality of the physical environment and the quality of outcomes is an important challenge for hospital managers who attract patients with life and death conditions, but given the scale and economics of time, money, and human inputs, improving the quality of interactions and defining them as performance indicators in hospital quality management is an efficient way to create maximum value in the short term.

• 한국융합학회논문지
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• 제9권4호
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• pp.397-408
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• 2018

본 연구의 목적은 심층면담을 통해 조현병환자의 입원스트레스 경험을 규명하고 입원스트레스를 중재 할 수 있는 기초 자료를 마련하고자 한다. 연구방법은 두 지역의 3개 정신과 병원 폐쇄 병동에 입원중인 조현병환자 15명을 대상으로 심층 면담을 시행하여 면담 내용을 질적 내용분석하였다. 연구 대상자는 15명으로 평균 나이는 40세였다. 현재 입원 기간은 평균 2년이었다. 연구기간은 2015년 10월 21일부터 11월 10일까지이다. 연구결과 입원스트레스 내용은 5개의 상위범주와 17개의 하위범주 및 58개의 의미 있는 내용이 도출되었다. 5개의 상위범주는 '가족에 대한 그리움과 죄책감', '미흡한 치료적 환경으로 인한 불편함', '환자의 권리를 존중받지 못함', '퇴원 후 삶에 대한 불안', '사회적인 편견과 자기낙인감'이었다. 본 연구 결과는 조현병환자의 입원스트레스를 중재 할 수 있는 기초자료를 마련한 것에 의의가 있다. 후속연구에서는 같은 환경에 입원중인 조울증, 알코올 중독 등 다른 정신질환을 가진 대상자의 입원스트레스를 파악하여 비교 분석해보는 연구를 제언한다.

• 한국중재학회지:중재연구
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• 제26권4호
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• pp.129-149
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• 2016

Medical dispute means the dispute between the hospital and the patient due to a medical accident. In general, medical accidents must be in accordance with the terms that are used in the medical dispute adjustment method stated in Article 2 (definition). In relation to this, there is a need to discuss an efficient operation scheme for Alternative Dispute Resolution (ADR) in medical disputes. In addition, it is necessary to look at issues of civil liability and criminal liability. In particular, in the consumer dispute arbitration committee, there is a case to make a "decision not to adjust" in aggressive intervention in the process of conflict resolution. The medical staff, on the basis of its "decision," can use this as a proven material for civil and criminal cases. This is rather upon the determination of the consumer council as a typical side effect to defend the user's perspective. This is the "decision" as was expressed from an order, "not adjusted." It is also determined to be easy and clearly timely. In the medical litigation, it is requesting the burden of proof of a patient's cause-and-effect relationship with the doctors committing negligence and medical malpractice. This seems to require the promotion of legislation in the direction to reduce future cases. It is determined that the burden of proof of medical accidents must be improved. The institution receiving the medical accident should prevent a closure report. Further, it is necessary to limit the transition to a franchise point. In this paper, we understand the problems of the current medical dispute resolution system, trying to establish a medical dispute resolution system desirable through an efficient alternative. In addition, it wants help in the protection and realization in medical consumers' and patients' rights. The relevant authorities will take advantage of these measures. After all, this could contribute to the system for a smooth resolution of a medical dispute.