• 한국학교보건학회지
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• 제35권3호
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• pp.84-91
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• 2022

Purpose: This study aimed to identify the problems and improvement areas by reviewing the laws related to kindergarden healthcare workers. Methods: The laws were searched at the Korean law information center (https://www.law.go.kr/). We reviewed the 「Early Childhood Education Act」, 「School Health Act」, 「Medical Service Act」, 「Elementary and Secondary Education Act」and their enforcement decrees and rules. Results: The legal role of health teachers as school healthcare professionals was comprehensively specified by the 「School Health Act. However, the qualifications for and roles of health teachers were not fully described in 「Early Childhood Education Act], indicating a unclear legal basis for the qualifications for and roles of kindergarten health teachers. To support healthcare workers in kindergartens, it is necessary to amend the 「Early Childhood Education Act」 that provides the guidelines for qualifications for kindergarten health teachers in elementary, secondary, and special schools who have completed necessary continuing education. A health hub kindergarten could be a step-by-step option for all kindergartens to have healthcare workers. Conclusion: This review demonstrated the importance of amending the laws on kindergarten health teachers and health hub kindergartens for child health and safety. These findings could be used to support policies related to kindergarten healthcare workers.

• 한국학교보건학회지
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• 제28권1호
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• pp.38-46
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• 2015

Purpose: The object of this study is to identify the reason why school health education act had not been enforced properly, and to find out implications for improving. Methods: The implementation process of school health education act was described and the imperatives of the process were analysed. M. Rein's Policy Implementation Model was used as an analysis framework. The sources of this study was based on the minutes of parliament, government reports, materials for the meetings of policy makers, the press, etc. Results: The school health education act clarified mandatory and systemic health education in it, but it did not clearly mentioned about 'the introduction of compulsory health education subject'. The bureaucrats of National Educational Ministry who are responsible for policy implementation, did not behave in a friendly manner toward the school health education act. What is more, the ways of mandatory and systemic school health education could not be discussed reasonably in the implementation process. Through this study it was found that the rational-bureaucratic imperative played the main role in the implementation process of school health education act due to the limitation of the legal imperative and the consensual imperative. Conclusion: The result of this study suggests the strong need to make up for the defect of the two imperatives, and to reform the rational-bureaucratic imperative.

• 지역사회간호학회지
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• 제8권1호
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• pp.116-132
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• 1997

The purpose of the study is to find out how laws related to the nursing profession can be improved by analyzing the rules and regulations concerning nursing. Furthermore, to help settle legal matters in the process of doing nursing work. The data used for the study are the Health and Medical Act, the Maternal and Child Health Act, the School Health Act, the Special Act for Health and Medical Service in Rural Areas, the Industrial Health & Safety Act and the Notice on Nursing Professional Courses analyzed by age and content. The results of the study are as follows : First, basic nursing practice includes 'nursing care for recuperation and assistance in medical treatment and in special areas including the pre-vention of disease, maintenance of health, control of environment, and other therapeutic activities. It is suggested that the phrase 'assistance in medical treatment' should be eliminated as it limits the basic nursing practice to the assistance of the medical treatment. Second, Article 56 of the Health & Medical Act prescribes a special nurse but it does not prescribe a specific job. Accordingly, the new provison concerning the specific jobs of a special nurse should be added or a job guide should be inseated. Third, it is prescribed that those who have completed the training course after obtaining a license are qualified to be a midwife, a special nurse and a nurse practitioner working in special areas. However, school nurses, occupational health nurses and maternal and health workers are required to obtain a nurse license, but not to take an additional training course. Nurses working in special areas should be legally recognized as nurse specialists. The regulations to control various qualification standards consistently should be established. Fourth, the qualifications and types of nurses by area prescribed by Article 54 of the Health and Medical Act are not consistent with those of special nurses as recognized by affiliated organizations of the Korean Nurse Association and some hospitals. Accordingly, the qualifications and types of special nurses should be adjusted in consideration of special nurses. Fifth, as Article 16, Paragraph 2 of the Health and Medical Act does not prescribe the type and scope of first - aid treatment that nurses can provide, the first-aid treatment of nurses might be considered as an unlicensed practice. The specific regulations regarding these matters should be established. Sixth, the contents of the nursing record, which are prescribed by Article 21 of the Health and Medical Act as a duty, include 1) matters concerning body temperature, pulse, breath and blood pressure 2) matters concerning drug prescription 3) matters concerning input and output 4) matters concerning the treatment and nursing care (Article 17 of the Enforcement Regulations, Health and Medical Act). However, these matters are limited to basic nursing care and assistance in medical treatment. The new recording methods on nursing process are suggested to be adopted legally. Seventh, the prescription right entrusted to nurses which are prescribed by the School Health Act, the Special Act on Health and Medical Service for Rural Areas, and the Industrial Health and Safety Act are not consistent with the rights of nurses as prescribed by the Health and Medical Act. New regulations prescribing the partial right for medical treatment entrusted to nurses in consideration of the restraint of time and place in emergency situations should be established.

• 학교보건
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• 통권17호
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• pp.30-65
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• 1988

One of the first constitutional challenes to congressional legislation the area of school health came in 1967. The action of Ministry of Education for the school health progrom is within school health act constitued 20 Articles and ir\ts regulation of 14 Articles.This study was reviewed the school health act and its regulation for the developement of school healh program. The data were collected y 14 Boards of Education from November 1986 to Januar, 1987. The results of this sudy were identified the the articles with regard to health education activity, physical assessment activity, criteria of school health environment, control of communicable disease, First-Aid and clinic management by school nurses.

• 한국학교보건학회지
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• 제1권1호
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• pp.61-102
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• 1988

One of the first constitutional challenges to congressional legislation in the area of school health came in 1967. The action of Ministry of Education for the school health program is within school health act constituted 20 Articles and its regulation of 14 Articles. This study was reviewed the school health act and its regulation for the development of school health program. The data were collected by 14 Boards of Education from November 1986 to January, 1987. The results of this study were identified the articles needss to change such as the articles with regard to health education activity, physical assessment activity, criteria of school health environment, control of communicable disease, First-Aid and clinic management by School nurses.

• 한국응급구조학회지
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• 제24권2호
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• pp.155-162
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• 2020

Purpose: The aim of this study was to suggest the qualification criteria for the instructors of first aid education for teachers in the School Health Act. Methods: We compared and analyzed the approval provisions for qualifying as first aid educators under the School Health Act, the Emergency Medical Services Act, and prior studies of first aid education. Results: The comparison of the studies demonstrated some key points. First, the first aid education of teachers could be improved through the knowledge of professional instructors. Second, the doctors, emergency nurse practitioners, and emergency medical technicians (EMT) were suitable as specialized first aid instructors. Third, for qualifying as first aid instructor, only the EMTs required more than five years of career. Conclusion: We suggest that all emergency medical service providers qualify to become first aid educators. Additionally, the requirement of EMTs to have more than 5 years of career to qualify as an instructor should be eliminated.

• Safety and Health at Work
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• 제9권4호
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• pp.388-397
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• 2018

Background: The study analyzes penalties imposed on organizations for breaching safety and health regulations. The research questions are as follows: what are the commonly breached safety and health regulations? How proportional are penalties imposed on organizations for breaching health and safety regulations in the United Kingdom? Methods: The study employed sequential explanatory mixed research strategies for better understanding of health and safety penalties imposed on organizations. Actual health and safety convictions and penalties data for 10 years (2006 to 2016) were obtained through the United Kingdom Health and Safety Executive (HSE) public register for convictions. Overall, 2,217 health and safety cases were analyzed amounting to total fines of £37,179,916, in addition to other wide-ranging penalties. For thorough understanding, eight interviews were conducted with industry practitioners, lawyers, and HSE officials as part of the study qualitative data. Results: Findings show that the Health and Safety at Work (HSW) Act accounted for 46% of all HSE prosecution cases in the last decade. This is nearly half of the total safety and health at work prosecutions. Moreover, there is widespread desire for organizations to comply with the HSW Act, but route fines are seen as burdensome and inimical to business growth. Conclusion: A key deduction from the study reveal significant disproportionality concerning penalties imposed on organizations for breaching safety and health regulations. On aggregate, small companies tend to pay more for health and safety offenses in a ratio of 1:2 compared to large companies. The study also reveals that the HSW Act accounted for nearly half of the total safety and health at work prosecutions in the last decade.

• 의료법학
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• 제23권3호
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• pp.89-115
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• 2022

본 글에서는 보건의료관련 법령 중 의료법, 응급의료에 관한 법률, 의료사고 피해구제 및 의료분쟁 조정 등에 관한 법률을 민법에 기초하여 검토하고 해석하였다. 보건의료분야는 보건의료기술의 발달에 따른 의료현장의 변화를 반영하는 여러 법률이 존재하고 그 제정이나 개정도 매우 빈번하다. 그리고 제정이나 개정의 과정에서 현장의 수요를 반영하면서 보건의료관련 법령의 양상은 매우 복잡해지고 있다. 이러한 상황에서 법을 위반하지 않으려면 상당한 주의를 기울여야만 하고, 법적용을 위해서 구체적 지침이나 유권해석을 필요로 하는 경우도 많아지고 있다. 그리고 심지어는 그 지침이나 유권해석도 민법과 모순되는 경우가 종종 발생한다. 이 글에서는 보건의료관련 법령의 조문상 오류와 해석상 민법의 사고와 모순되는 경우를 찾아내어 보건의료관련 법령의 입안과 해석, 적용에도 민법적 사고가 필요함을 확인하였다.

• Journal of Preventive Medicine and Public Health
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• 제43권6호
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• pp.455-458
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• 2010

The Affordable Care Act (ACA) was signed into law on March 23, 2010 and will fundamentally alter health care in the United States for years to come. The US is currently one of the only industrialized countries without universal health insurance. The new law expands existing public insurance for the poor. It also provides financial credits to low income individuals and some small businesses to purchase health insurance. By government estimates, the law will bring insurance to 30 million people. The law also provides for a significant new investment in prevention and wellness. It appropriates an unprecedented $15 billion in a prevention and public health fund, to be disbursed over 10 years, as well as creates a national prevention council to oversee the government's prevention efforts. This paper discusses 3 major prevention provisions in the legislation: 1) the waiving of cost-sharing for clinical preventive services, 2) new funding for community preventive services, and 3) new funding for workplace wellness programs. The paper examines the scientific evidence behind these provisions as well as provides examples of some model programs. Taken together, these provisions represent a significant advancement for prevention in the US health care system, including a shift towards healthier environments. However, in this turbulent economic and political environment, there is a real threat that much of the law, including the prevention provisions, will not receive adequate funding.

• 한국학교보건학회지
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• 제25권2호
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• pp.147-158
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• 2012

The School Health Act was revised in 2007 and the contents of school health education was officially organized in the school curriculum in elementary, middle and high schools, since the contents of school health education disappeared in 1963. For the successful school health education, sufficient time for health education should be provided by opening health education course as an essential subject in every grade. The large scale schools need to have more school health teachers for performing efficient health education and in all schools there needs to be a reorganization of the teacher's complex works. For quality improvements of the health education, the change of principal's attitude and budget plan for health education are essential. Additionally, various training programs for school health teachers and developing effective educational materials should be provided.