• The Korean Society of Law and Medicine
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• v.8 no.2
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• pp.69-118
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• 2007

In providing general medical treatments, the medical service contract between the patient and the doctor is the mutually responsible onerous contract. However, the nature of the mutually assumed contract standings of the patient and the doctor has been changing since the implementation of the national health insurance program. For instance, besides the cases of beyond excessive medical charges and medical negligence, if the doctor charged for his/her medical treatments violating the post-treatment/nursing cover criteria, the overpaid medical charge, regardless of being collected with the patient's consent, has to be refunded back to the patient. Medically needed aspects, treatment results, and unfair benefits favoring the patient are not at all taken into consideration in the health insurance scheme. This makes it easier for patients to get refunds for their share of the medical payments by involving the Health Insurance Review & Assessment Service or the National Health Insurance Corporation, without engaging in civil law suits (for reimbursement claim) against doctors. In other words, the doctor's responsibility to provide medical treatments and the patient's responsibility to pay for the medical treatment provided within the contractual realm are being demolished by the administrational arbitration of the National Health Insurance system. The basic rights of medical service providers, and the patient's right to choose are as important constitutional rights, as the National Health Insurance program, which is essential in the social welfare system. Furthermore, the development of the medical fields should not be prevented by the National Health Insurance system. If the medical treatment services can be divided into necessary treatments, general treatments, and high quality treatments, the National Health Insurance is supposed to guarantee the necessary and general treatments to provide medical treatments equally to all the insured with limited financial resources. However, for the high quality treatments, it is recommended that they should not be interfered by the National Health Insurance system, and that they should be left to the private contract between the patient and the doctor.

• Journal of Arbitration Studies
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• v.13 no.1
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• pp.207-244
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• 2003

There are many parties who connected with contracts like a contract for construction. Dispute arising from the two parties can be souled by themselves. but it grows the necessity of settlement at one effort. The meaning of multiparty arbitration is solution of mixed disputes without inconsistency through multiparty concerned. H the parses wish to settle the disputes by arbitration, they must come to an arbitration agreement. The arbitration agreement is necessary to resolve disputes autonomously, that may be in the form of a separate agreement or in the form of a clause in a contract. More ever it is resonable to view the arbitration agreement as a substantive contract in its legal nature enabling the authority for dispute resolution by the arbitrator. I had argument about who should appoint the arbitrator. That is to say, each party can appoint the arbitrator, otherwise the courts can appoint one. The basis of multiparty arbitration is focused on the factor that the courts may have the right to order the consolidation of arbitration proceedings without consent of the parties. The dispute can be settled by the arbitrators who are appointed. Appointing arbitrator is very important because it affects the party's equality. The right to appoint arbitrator shall be entitled each party in multiparty arbitration. Therefore they can appoint plural arbitrators by mutual agreement. for .reference to Rules of Arbitration of The International Chamber of Commerce, the Court shall appoint a sole arbitrator or three arbitrators in condition. The Arbitration Act of Korea dose not have the clause on multiparty arbitration including the arbitration rules. But if we have the clause enacted, it brings a situation in which both parties gain a benefit.

• The Journal of Korean Academy of Orthopedic Manual Physical Therapy
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• v.28 no.1
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• pp.39-51
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• 2022

Background: The purpose of this study is to investigate the effect of neck and shoulder self-stretching exercise using audiovisual media on neck pain, postural alignment, and joint position error in women with chronic neck pain. Methods: The subjects included 20 women that gave consent to participate in the study voluntarily. They performed the self-stretching exercises using audiovisual media was carried out 20 minutes 5 times a week during 3 weeks. Neck disability index (NDI) and visual analogue scale (VAS) were used to measure the functional disability and pain, A pressure pain threshold was measured using an algometer, and a cervical range of motion (CROM) measurement tool was used to measure the range of motion and error of proprioceptive position sense of the cervical spine. To assess posture alignment, forward head angle (FHA), forward shoulder angle (FSA) were measured using image J software. Results: The neck pain intensity was statistically significantly within group (p<.05). Neck and shoulder functional disability were a statistically significant difference within group (p<.05). Splenius capitis and upper trapezius pressure pain threshold were statistically significant difference in within group (p<.05). The postural alignment was statistically significantly within group (p<.05). The cervical range of motion in neck extension, right and left lateral flexion were statistically significantly within group (p<.05). The joint position error in neck flexion, extension, right and left lateral flexion decreased statistically significantly within group (p<.05). Conclusion: Self-stretching exercise using audiovisual media increased the mobility of the neck, decreased neck pain and joint position error, and improved posture alignment. As a result, there was a positive effect by applying the self-stretching exercise using audiovisual media to people with neck pain. Based on this, it is thought that it can be used as the basis for research related to home training programs for healthy self-management.

• The Korean Society of Law and Medicine
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• v.14 no.2
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• pp.217-260
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• 2013

In connection to the civil liability of the medical malpractice, plaintiff and courts are solving the medical disputes with theory of the liability based on tort law. because contract law does not enact the right of claim of solatium and a plaintiff's lawyer and courts hesitate to use contract law. Medical treatment of doctor is main debt in medical contract and its in-complete performance gives rise to the violations of human's life, body and health. Consequently a breach of medical contract leads to violations of person-al rights. These violations spring from liability of contract as well as tort and damages from them are recognized based on medical contract law. A duty of explanation of doctor is a independent and appendant debt to the treatment debt. However its breach provokes violations of human's life, body and health as well as a right self-determination. Therefore consolation money claim should be recognized. In case of the violation of patient's life, body and health, patient's family al-so can demand consolation money due to the violation of their's own mental pain. However in case of the violation of only patient's self-determination without informed concent, they can not demand it by reason of the violation of patient's self-determination. But by reason of the violation of patient's life, body and health that were recognized by proximate causal relation between violation of duty of explanation and abd execution, they can do.

• The Korean Society of Law and Medicine
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• v.8 no.1
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• pp.9-34
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• 2007

Human material is considered as an independent object after departing from human body. But unlike other materials, that is not allowed for the trading because of the nature of personality. According to the present legal system, the human material is only permitted to donate to the researcher or biobank for scientific study. Bur after the collection, the human materials are regarded as a valuable assets and the collectors want to get more economic gains. If the neutral modulators serve for the justifiable circulation. The economic motivations could be prevented within material transfer processes. In real life, the neutral modulator is hard to find and most of partipants are involved in the economic interests. In this situation, it may be justifiable to permit the person who donate his body material to pursue reach through right on his material. The problem is how to measure the value of human material and how to treat the informed consent. If the essential portion of human personality is contributed to the value of human material and if only his material can be served for the invention, the tissue donator can get economic interests on his body material as his property. That is based on the rule of processing of human efforts on civil law.

• The Korean Society of Law and Medicine
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• v.18 no.2
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• pp.3-46
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• 2017

Physician's Duty of Information is classified into three categories by legal function: 'Duty of Information to Report' to fulfill the patient's right to know; 'Duty of Information to Guide' patient's convalescing and staying healthy; 'Duty of Information to Contribute' to patient's self-determination. We classify the physician's duty of information because the legal effect from the breach of duty varies accordingly. The legal effect is focused on damage compensation responsibility for breach of duty. When a physician violates 'Duty of Information to Report', he subjects himself to liability of compensation for infringing on the patient's 'Right to Know'. When a physician violates 'Duty of Information to Guide', she subjects herself to liability for general medical malpractice. Finally, when a physician violates 'Duty of Information to Contribute', the physician is basically liable for violation of the patient's 'Right to Self- Determination' which refers to infringement on freedom of choice. However, in the case of situation that patient's refusal to the medical treatment would be presumed, the physician bears all liability for the patient's damage which includes both of property and mental damage.

• Journal of muscle and joint health
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• v.9 no.1
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• pp.18-27
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• 2002

Introduction : Exercise has been suggested as an important nursing strategy in which to help elderly maintain functional performance and to enhanced quality of life. Most of exercise study has been reported on fitness exercise such as walking, swimming, dance etc for health of elderly. There have been few reports about exercise on the promotion of small and fine movement of elderly. The purpose of this pilot study was to determine an effect of 6 weeks hand and finger exercise in home to improve hand muscle strength such as grip strength and finger pinch pressure. Materials and Methods Design: This pilot study was used one group pre and post-test design. Sample: Twelve elderly women above 60 years of age or older living in community were selected by convenient sampling. Procedure: Signed informed consent was obtained prior to participate in this study. The authors met elderly and taught hand and finger exercise, daily a week for 6 weeks, within 30 minutes per session. But exercise frequency and strength were not same. Instruments: Left and right grip strength were measured by Bulb Dynamometer(made in USA) and left and right pinch pressure were measured by Baseline Hydraulic Pinch Gauge(made in USA). Data analysis: Discriptive data analyses were performed on all variables. Wilcoxon matched-pairs Signed-Ranks test were used to find difference of grip strength and pinch pressure between pre and post exercise using SPSS 10.0 for Window. Results: Samples age ranged from 60 to 73, Mean age was 65.3. All were women. Ten elderly were diagnosed osteoarthritis and one had DM. After six weeks hand and finger exercise, Left and right grip strength were higher than those of before exercise(Z=-2.667, P<0.01 ; Z=-3.065, p<0.01). And left pinch pressure after hand and linger exercise were higher than that of before pinch pressure (Z=-2.315, p<0.05). But Right pinch pressure was not shown significant change(Z=-1.099, p>0.05). Conclusions: Although this study was limited by the sample size and design, the findings provide some important implications for community based exercise nursing intervention. Short term (six weeks) exercise of hand and linger is shown to be useful as nursing intervention to maintain routine daily activities such as eating, writing, grip something for elderly.

• The Journal of the Korea Contents Association
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• v.21 no.6
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• pp.228-236
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• 2021

This research investigates the causes of infringements related to authors' moral rights which has most conflict among moral rights of authorship, through analysis of judicial precedents and compare whether there subsists any differences in viewpoints between judicial precedent trend and those on behind the scene of broadcast production. Copyright is divided into intellectual property and moral rights of authorship. Right to the integrity of the work is part of moral rights of authorship and produce one content and used in various media. When the edit is needed to fit the organization and advertisement time, advanced consultation from the rightful owner or written consent is needed. However, under the time pressure or ignorance of copyright, the arbitrary edits are made and content is used. This infringes the right of the integrity of the work. When we produce and use cinematographic works and other audiovisual works, there are considerable variablilies stemming from authorship, production cost and program staff. Therefore, prior conscent is needed to acquire and use the copyright in a proper manner. However, due to production-oriented environment and low understanding of the copyright protection, we usually depend on the users' work practices rhather than insufficiency of copyright laws in dealing with the infringement of right to the industry. In conclusion, we need to provide meticulous work manual and to focus on systematic eduction of professional copyright manpower.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.153-178
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• 2016

The United Nations Convention on the International Sale of Goods(CISG) leaves a number of aspects concerning commercial sales untouched. In particular, it is not concerned with the validity of the contract or of any of its provisions or of any usage. And UNIDROIT don't deal with all-round validity in International Commercial Contract. Especially, UNIDROIT includes declaration of intention department. The UNIDROIT contains the chapter 3 on the "validity" in terms of the defects of consent such as mistake, fraud, and threat as well as "gross disparity". Notwithstanding these provisions, the Principles did not deal with invalidity arising from the lack of capacity or authority, or immorality or illegality. On the other hand, there are arguments that the corresponding provisions of the Principles of International Commercial Contracts(UNIDROIT Principles; PICC). Therefore, Validity in International Commercial Contract is delegate by Each Country Law. So Trade practicer should know full well about Each Country Law Position. People(human, corporation, company) of position Trade practice classify each country civil law relation to validity of commercial contract. This paper is to examine the Validity of UNIDROIT Principles. Also this paper analyses comparison on each country position relation to capacity of right, capacity to act, illegality of contract, declaration of intention. In conclusion, This paper expect that people of trade practice makes use of analysis knowledge.

• The Journal of Korean Institute of Communications and Information Sciences
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• v.30 no.10B
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• pp.648-659
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• 2005

One's identity on the Internet has been disclosed and abused without his consent. Personal information must be protected by appropriate security safeguard. An Individual should have the right to know whether his personal details have been collected and stored. This paper proposes various conceptual models for designing privacy enabling service architecture in the Internet identity management system. For the restriction of access to personal information, we introduce the owner's policy and the management policy The owner's policy should provide the user with enough information to manage easily and securely his data. To control precisely and effectively all personal information in the Identity provider, we propose the privacy management policy and the privacy authorization model.