• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.297-341
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• 2017

We searched out court rulings on medical affairs through court library search sites and specialized articles on medically relevant judgments sentenced in 2016. And we selected and analyzed the judgements of the court we considered important as follows. In relation to the medical civil judgements, (1) In the case of applying surgery for female infertility during cesarean section operation but it has not been done, we expressed the regret for the lack of judgment in the process of entering the medical contract, introducing the rights infringed and the scope of compensation, (2) We pointed out that the ruling on the medical malpractice estimation goes out of limit of negligence estimation doctrine, and that the court asked very high degree duty of the traditional Korean medicine doctors to cooperate with Western medicine doctors. (3) In the case of admitting hospital's 100% responsibility, we pointed out the court overlooked the uncertainty and good intention of the medical practice. (4) Additionally, We introduced the cases admitted the hospital's responsibility in the accident related to the psychiatric patients in closed ward. Relating to a medical criminal ruling, we analyzed the supreme court decision about whether the dentist's Botox injection on the patient's face is a medical practice within the scope of the license from the viewpoint whether it is within the possible range of the word. And, concerning decisions on healthcare administration, (1) we analyzed the case about when medical personnel operate multiple medical institutions, whether it is possible to get back medical care costs under the National Health Insurance Law, (2) We commented on the ruling regarding explanation obligation in terms of object, degree, subject of explanation as a prerequisite for permissible arbitrary uninsured benefits. Finally, we reviewed the decision of the Constitutional Court about the Article 24 of the Mental Health Law, which it had allowed for a mental patient to be hospitalized forcibly by the consent of two guardians and a diagnosis of a psychiatrist. Also we indicated the problems of the revised Mental Health Law.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.107-152
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• 2020

During the main ruling in 2019, a number of rulings that were of interest or meaningful were handed down, such as just because the complication of medical practice has occurred, there is no presumption of negligence, a case involving a fall accident in which a lot of culpability has recently been made. the death of a well-known singer that caused a sensation, a case about damages caused by MERS in 2015, which is more meaningful in connection with damages caused by COVID-19, an infectious disease that has recently hit the world, including Korea. In preaching the principles of the law, just because there has been a complication caused by medical practice, there is no presumption of negligence, 'The scope of the complication without presumption of negligence' was determined differently by the court, the court was not able to specify the criteria. Specific circumstances were presented to limit the responsibility of the medical institution while acknowledging the malpractice of the medical institution in relation to the fall accident. In relation to the scope of damages, judgment was made on issues related to the calculation of lost profits of medical malpractice; criteria for determining celebrities' daily income, criteria for determining daily income in case of receiving survivor's pension due to medical accident, an incident in which the daily income is denied if the labor capacity is already lost at the time of a medical accident. But, it seems that judgments should be made based on clearer and more reasonable standards. Related to Medical Advertise, specific logic of judgment was presented as to whether it was interpreted as being in accordance with the specific prohibition listed in Article 27 paragraph 3 of the Medical Law, which is the criterion for violation of the Medical Law, or if it constitutes a significant harm to the order of the medical market. In response to the prohibition of operating the multiple medical institutions, the Constitutional Court decided that it was constitutional because it did not violate the regulations on excessive funding, and rationally limited the scope of the prohibited 'redundant operation'. The Supreme Court ruled for the first time that even a medical institution established and operated in violation of the Medical Service Act did not make it impossible to receive all medical care benefits implemented by a medical institution under the National Health Insurance Act. Significant rulings were finalized that recognized the existence of specific protection obligations for the people of the country in the management of infectious diseases.

• Korea Journal of Hospital Management
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• v.7 no.1
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• pp.64-87
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• 2002

The purpose of this study is aimed to grasp the factors, which may influence the harmonized organizational efficiency of the objects of hospital structure as well as its structural constituents of each departments of administration, nursing, and para-medical personnels, in order to provide basic data enable to contribute in the development of hospital. The survey data involved in the study was derived from 385 personnels working in 5 medium and small sized hospitals in Seoul area. The main finding of the study can be summarized as follows; 1. The organizational efficiency in accordance with the general characteristics of subjects in order of male, over 30 years of age, university graduates, long-term tenure and high position is higher, whereas, in as much as wage and well trained personnels in administration departments are higher, its organizational efficiency is higher in comparison with those of nursing and para-medical departments. 2. The organizational efficiency in accordance with satisfaction and the motive contributional factors is higher as much as the high satisfactory level in every departments in general. 3. The organizational efficiency in accordance with the factors of job characteristics is higher in as much as difficulty of the jobs is lesser, however there was not statically significance between administration and para-medical departments. In as much as the job circulation is intact, job standard level is higher and the more job responsibility the higher organizational efficiency, while the more workload and the more work feud resulted lower organizational efficiency. It was obvious that the higher professional expertise as well as the training and application level are improving the organizational efficiency. 4. The organizational efficiency in accordance with the factors of structural characteristics was higher in as much as the intercommunication was smooth and the structural formalization level are higher, however there was not statically significance between the participation level of decision making and the organizational efficiency. 5. In as much as higher educational level of over university graduates, management of organization and the job level are satisfied, the psychological motive contributional level is higher, while the lesser job difficulty, the smooth job performance, the higher level of professional expertise, the higher structural formalization level, the smooth intercommunication, have affected as major influence factors of the structural characteristics of organizational efficiency. 6. As the management of hospital organization, the job level and personal relation are satisfied or psychological motive is provided, especially when there are no difficult jobs or smooth job circulation and no job feud are prevailing, it was apparent that the organizational efficiency is improving accordingly. The nursing departments has high educational standard and is satisfied in the management and job level of hospital organization as there are no difficult jobs while the level of hospital's organizational formality is high and the intercommunication is smooth, which are improving the organizational efficiency. The para-medical departments is also satisfied the management and job level of hospital organization and it was apparent that the organizational efficiency is higher in as much as the level of job standardization is high and the intercommunication is smooth. As a result of this study, in order for improving the organizational efficiency of the medium and small sized hospitals, the management and job level as well as personal relation are preferably satisfied, whereas the level of job circulation, job responsibility, the expertise and formalization of organization, intercommunication and etc. should be satisfied, and, therefore, it is advisable to buildup discriminated organizational management and environment for different division on the basis above factors. Since this study is carried on several hospitals in Seoul area, there is a certain limit to generalize its result to all domestic hospitals, nevertheless the gallop poll was made by developing the questionnaires with reasonability and reliability. Especially, as the study was carried by analyzing the comparison of influence factors' difference of organizational efficiency in accordance with the divisional characteristics of the medium and small sized hospitals.

• The Korean Journal of Air & Space Law and Policy
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• v.12
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• pp.144-177
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• 2000

Our nation have several procedures and law for national airspace management, however those procedures and law not enough to manage airspace. Therefore, I have studied this paper for improving flight safety and for providing economics flight of civcil aircraft and military aircraft, also, for increasing efficiency of airspace through systematic airspace management, additionally, for improving nation defense ability and for preventation our nation damage when occuring airspace problem. Nowaday. in using airspace. two theory which freely use theory and use theory under jurisdiction is opposed by every nation in worldwide. Consequently. we can realize every nation endeavour to increase their jurisdiction airspace. However. our nation is not still prepared to cope with other nation when occuring airspace trouble. because airspace definition is not prescribed on our aviation law. Therefore. several problems which are improved in our airspace management are presented on this paper. The presented matters are as follows. First, The airspace definition is not prescribed on aviation law and responsibility limit of airspace management is ambugious. Second. problem on structure of approach control area and special airspace, Third. problem on airway system. Fourth. civil agency and military agency apply respectively different regulation in establishment of aircraft flight route, To grasp these problems, considered the airspace conception, airspace classfication. legal character of airspace. our nation airspace state and management together with other nation airspace state and management. also compared our nation airspace management with other nation airspace management. And. improvement methods to solve problems which was appeared by comparing and analysis are presented on this paper.

• The Korean Society of Law and Medicine
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• v.11 no.2
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• pp.113-145
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• 2010

Nowadays, it is surely the quack which stands as one of the most controversial, problematic. the quack has been a consistent target of contested public protection strategies in the past few centuries in many countries. Recently, complementary and alternative medicine (CAM) is increasingly utilized and accepted by patients and providers throughout the health care system in the world, most accounts attribute this growing acceptability to the shortcomings of conventional medicine, the appeal of CAM's core beliefs, and the growing body of research indicating that CAM actually works. However, the governments of western countries have called for measures to ensure that the public are protected from incompetent and dangerous practitioners. Common to these controversies has been a suggestion to ban, exclude or limit the medical practice of those deemed to be damaging rather than improving the health of individuals as a measure of public protection. This article describes the experiences of western counties' health care system which is moving in a more pluralistic direction. By examining the ways in which regulatory efforts in the countries have come to address what is invariably described as a growing interest in CAM, this study show how the problem of CAM/quackery today is increasingly located in an ethical field of practitioner competency, qualifications, conduct, responsibility and personal professional development, regardless of the form of therapy in question. Many countries developed a series of measures and strategies to contain the acceptance of CAM groups, such as insisting on scientific evidence of safety and efficacy, resisting integration of CAM with conventional medicine and opposing government support for research and education. In a sense, those countries' movements serve to protect not only patients, but the dominant position of medicine and its allied professions, and to maintain existing jurisdictional boundaries within the healthcare system. The popular support for CAM will require that health professional stakeholders continue to address the challenges this poses, and at the same time protect their position at healthcare system. To cope with the quack, professional body, public sector and health authorities should consider the safety of consumers of healthcare and responding to the demands of the community for CAM therapies as well as the claims of the established healthcare professions. Finally, some implications for future health care were suggested.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.18 no.1
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• pp.185-194
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• 2018

This study investigates the limitations of blockchain technology and the ways to improve it by using Delphi technique. Limit factors and improvement measures are classified into technology, service, and legal system. First, from a technical point of view, lack of standardization of the technology, insufficiency of integration, lack of scalability, unclear cancellation or correction policy, excessive cost of transaction verification, insufficient personal information protection and not enough to respond to hacking defense were the limiting factors. In order to improve these, the followings; ensuring standardization, securing integration and scalability, establishing cancellation of each applicable data, establishment of correction policy, efficiency of verification cost, the protection of personal information and countermeasure against hacking are provided. The related technology development and countermeasures must be established to effectively introduce the blockchain technology to the market. Second, in the early stage of blockchain service, it showed lack of utilization of the blockchain, security threat, shortage of skilled workers, and lack of legal liability. As a solution to these problems, it is necessary to suggest various applications, against security threat, training professional manpower, and securing legal responsibility. It should also provide a foundation for providing institutionally stable services. Third, from as legal system point of view, inadequate legal compliance, lack of relevant regulation, and uncertainty in the regulation were the limiting factors. Therefore establishing a legal system, which is the most important area for activating the service, should be accompanied by the provision of legal countermeasures, clearness of regulations and measures to be taken by relevant governmental authorities. This study will contribute as a reference for a research, related to the blockchain.

• Journal of Home Health Care Nursing
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• v.8 no.2
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• pp.109-120
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• 2001

This study has been done in order to help the people understand the cancer patients and provide the basic materials for the care of cancer patients by deeply understanding the living experience of the practice of alternative therapy for cancer patients. Data were collected with several in depth interviews and observations. Collected datas were analyzed by using phenomenological method of study by Giorgi (1970). The trial experience of alternative therapy for cancer patients has been classified into the one of having concerns, following, being infatuated, and coming out by pushing, and the experience of having concerns appeared as the meaning of the limit of modern medicine, despair, loneliness. hope, emotional support. dissolution of the feeling of uneasiness. the feeling of burden of the medical expense, self-treating, the subject of treatment. and indifference while the experience of following appeared as the meaning of blind following, temptation, going outside to look for something, wandering. following unconditionally, advise of the professionals, mistaken belief. self-abandonment, powerlessness. disconnection of dialogue with the medical staff. elevation of immunity, strengthening the physical power, absence of the source of examined information, clinging, self-responsibility. the experience of being infatuated appeared as the meaning of thorough trial. affirmative experience. devotion. diverse efforts, faithful trial. affirmative self-suggestion. change of the style of life. the feeling of burden of expense, being envious, bitter feeling toward the family, considering family, family discords, and difficulty of enforcement. The experience of coming out by pushing appeared as the meaning of waiting. self-reflection. maintaining the distance. cutting attachment, throwing the greed away, coming out by pushing. being thoughtful. accepting disease. individual difference of physical quality, and ambivalence. But they return to the experience of being concerned all over again in case of recurrence or metastasis of the disease even though they come out of such stage, and they always have ambivalence even in the condition with no recurrence and metastasis. In conclusion, the trial of alternative therapy for cancer patients could be explained as the adaptive behavior to the disease which is difficult to be cured. the cancer. The cancer patients are exposed to the side effects and harm without the examined information resources. Therefore the nurse should well aware of the alternative therapy and be able to do the appropriative management through the open communication with the patients who are under the trial of alternative therapy.

• Proceedings of KOSOMES biannual meeting
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• 2007.05a
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• pp.187-194
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• 2007

In order to control and manage oil-tanker scrapped materials and wastes properly, the actual conditions and global trends of the treatment and the management of ship scrapped wastes were surveyed and some amendments to marine pollution prevention law of Korea were proposed. Global annual volume of scrapped ships was estimated to be about 22 million DWT and most of them were scrapped in 4 major ship scrap countries such as Bangladesh, China. India and Pakistan and in minor ship scrap countries such as Turkey, the Philippines, Indonesia and Vietnam. The industry of ship scrap has been mainly developed in developing countries or undeveloped countries rather than in advanced countries. Most of scrapped ships were found to be small or medium size below 1,000 GRT In Jellanam-Do and Jeju-Do of Korea. Most of ship scrap enterprise and all enterprises of collection, transfer, treatment and disposal for ship scrapped materials and wastes were shown to be small sized in Korea. The regulations and/or rules which shall prohibit or limit trans-boundary movement of overage oil-tankers for scrap from Korea to developing or undeveloped countries, and vice versa should be Included in marine pollution prevention law of Korea. the criteria of manpower and facilities for enterprise of ship scrap, and for enterprises of collection, transfer, treatment and disposal of ship scrapped materials and wastes should be stipulated in marine pollution prevention law of Korea. It is desirable to introduce the system or concept of recycle or reuse of ship scrapped materials and wastes on producer's responsibility into marine pollution prevention law of Korea.

• The Korean Journal of Archival Studies
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• no.21
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• pp.85-116
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• 2009

Records are the social memory storage including collective memory about region, it is impossible to put into and represent all aspects of society with only public records. Japan showed the possibilities of cooperative collecting and the positive records producing and collecting efforts between organizations, even if it was not accomplished by systemic documentation strategy. Some characteristics were found out when this case was reviewed, it is as follows. To begin with, it is the cooperation and share in collecting. Especially, the activities of private organizations look better than public organizations and the cooperative collecting efforts lead to transmit much more social memory and historical records to next generation. Secondly, it is the positive records producing and collecting. The private organizations also left many records of various activities of those one accord. They recognized that recording experience and leaving behind is the survivors' responsibility. We cannot help recognizing the growth of a sense of duty and historical consciousness to record their own experience with undergoing big disaster, earthquake. Thirdly, there was no limit when it comes to the collecting scope. All records related with people and place in disaster area were the target for collecting just like slogan, 'Let's transmit records to next generation as much as possible', 'Common records and resources deserve leaving, because it is important life's information proving situations of the time. We were able to confirm the high will and enthusiasm about 'how, what and why do we transmit something of society to next generation' in this case.

• 한국사회정책
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• v.24 no.2
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• pp.245-275
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• 2017

It is attempted here to explain change in welfare attitudes for two decades in 10 countries with the cohort effect, especially differences in societal values between generations. It was found that for the last 20 years pro-welfare attitudes of the public has been strengthened, on which the generation has impact, more by the cohort effect than by the age effect, and that the Millennials/Y-generation are the strongest supporters for the state welfare. Value-differences between cohorts, as a background factor for the cohort effect on welfare attitudes, are clear but show a kind of linear trend from the older to the younger cohorts. As for the cohort effect on welfare attitudes, it is expected, at least for the short-term future, in the direction toward supporting the expansion of the state welfare. Korean welfare attitudes show an exceptional pattern - preferring income inequality as incentives, and at the same time, the expansion of governmental welfare responsibility, which echoes recent arguments of contradictoriness and non-class-orientedness of Korean welfare attitudes. Especially, Korean Millennials/Y-G shows this contradictory welfare attitudes the most strongly, which is unique between 10 countries in this study, implying their fierce competition is being internalized. It is expected that the contradictoriness of Korean welfare attitudes may limit its possibility to back up welfare expansion in Korea.