• 의료법학
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• 제8권2호
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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.

• 한국중재학회지:중재연구
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• 제13권1호
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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.

• 대한정형도수물리치료학회지
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• 제28권1호
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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.

• 의료법학
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• 제14권2호
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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.

• 의료법학
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• 제8권1호
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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.

• 의료법학
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• 제18권2호
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• pp.3-46
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• 2017

의사의 설명의무는 의사가 환자에게 이미 시행한 의료행위, 시행 중인 의료행위 및 장래에 시행할 의료행위와 환자의 요양상 수칙에 관하여 적극적 체계적으로 진술함으로써 환자가 그 내용을 인식하게 할 법적 의무를 총칭한다. 이 의무는 환자의 알 권리에 대응하는 보고성 설명의무, 환자의 동의권 거절권에 대응하는 기여성 설명의무, 요양지도성 설명의무로 나뉜다. 설명의무를 분류하는 것은 각각의 기능과 법적 성질이 다르고, 법적 성질이 다름에 따라 그 위반 시의 효과, 특히 손해배상책임의 대상과 범위가 달라지기 때문이다. 이 주제에 관하여 우리나라에서는 지난 40년 가까운 기간 동안 많은 이론의 발전이 있었고, 그를 토대로 대법원 판결의 논리도 상당히 정치하게 전개되어 왔다. 그러나 여전히 학계와 실무계 일각에서는 용어와 개념의 혼동, 학설과 판례 논리에 대한 이해 부족을 목격하게 되고, 심지어 대법원 판결문 내의 전후 문맥에서 그리고 관련 있는 복수의 판례 사이에서 논리와 이론의 불일치를 발견하게 되는 것이 사실이다(이것은 합리적 근거와 설득력을 지닌 견해의 분립을 지적하는 것이 아니다). 위와 같은 견해와 문제의식을 기초로 해서, 의사가 부담하는 설명의무의 기능별 분류와 법적 성질 및 그 위반 시의 효과를 우리나라 학설과 판례를 중심으로 분석 정리한다.

• 근관절건강학회지
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• 제9권1호
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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.

• 한국콘텐츠학회논문지
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• 제21권6호
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• pp.228-236
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• 2021

이 연구는 저작인격권 중에서 분쟁이 가장 많은 동일성유지권의 침해에 대해 판례를 분석하여 법원의 침해기준과 침해의 원인을 규명하고 영상저작물 제작 현장에서 법원의 판례 경향에 대해 어떤 시각차가 있는지 비교하고자 한다. 저작권은 저작재산권과 저작인격권으로 구분한다. 여기서 다루고자 하는 동일성유지권은 저작인격권의 일부로 하나의 콘텐츠를 제작하여 다양한 매체에 이용한다. 콘텐츠의 이용 과정에서 편성, 광고시간 등에 맞추기 위해 편집이 필요할 경우 권리자에게 사전에 협의를 하거나 서면 동의를 받아야 하는데 시간이 촉박하거나 저작권에 대한 무지로 인해 임의적으로 편집하여 사용하다 동일성유지권을 침해하게 된다. 영상저작물이 제작, 이용되는 과정에서 저작물, 제작비, 출연자 등의 변수가 많아 저작권의 권리 확보나 이용을 위해 사전 동의가 필요하다. 그러나 제작을 우선시 하는 제작과정과 권리보호에 대한 인식이 낮아 동일성유지권 침해는 법조항의 미비보다 이용자들이 업무 관행을 따르거나 개인적 과실에 의한 분쟁으로 분쟁예방을 위해서는 세부적인 업무매뉴얼 제공과 저작권 전문가의 체계적인 교육이 필요하다.

• 무역상무연구
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• 제69권
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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.

• 한국통신학회논문지
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• 제30권10B호
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• pp.648-659
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• 2005

인터넷에 산재되어 있는 사용자 개인정보의 오남용은 더 이상 간과할 수 없는 문제이다. 개인정보의 유통은 반드시 소유자의 허가 하에서만 이루어져야 하고, 개인정보를 관리하는 사이트는 인터넷에 익숙하지 않은 사용자들에게 개인정보 유출에 관한 두려움을 없애줄 수 있는 환경을 제공하여야 한다. 본 논문은 인터넷 Identity 관리시스템에서 개인정보를 안전하게 관리하고 유통할 수 있는 기술을 소개한다. 개인정보의 소유자가 자신의 정보를 관리하는 방법, 정보 관리 시스템 차원에서 사용자 정보를 관리하기 위한 정책, 개인정보 접근을 제어하는 Privacy Controller 등 여러 관점에서의 프라이버시 인가 기술을 제안한다. 그리고, 정책 기반의 프라이버시 인가 기술을 인터넷 Identity 관리 시스템에 적용하기 위한 다양한 모델을 제시한다.