• International Journal of Computer Science & Network Security
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• 제21권7호
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• pp.103-107
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• 2021

The article analyzes the theoretical aspects of the relationship between the right to medical secrecy and the employer's right to receive information on the employee's state of health, resulting in a more complete description of the implementation of the right to medical secrecy and the employer's right to information on the employee's health state and the possibilities of protecting violated rights. The limits of permissible restrictions on the right to secrecy of health in terms of ensuring the person's performance of their job function have been clarified.

• 의료법학
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• 제23권4호
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• pp.75-102
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• 2022

본 글에서는 보건의료관련 법령 중 「연명의료결정법」, 「정신건강복지법」, 「장기이식법」, 「인체조직법」, 「약사법」, 「에이즈예방법」, 「결핵예방법」, 「감염병예방법」을 검토하였다. 이들 법률에 민법적 사고가 필요한 부분은 환자의 자기결정권과 동의에 관한 부분이다. 그리고 환자가족을 통한 의사결정이 환자의 의사결정을 대행하는 것인지 환자가족이 환자를 위하여 고유의 권한으로 의사를 결정하는 것인지와 관련하여 성년후견제도에서 후견인의 동의대행과 비교하여 이해할 필요가 있다. 보건의료관련 법령은 환자의 자기결정권과 그 실현을 위한 동의대행의 문제에서 민법과 깊게 연관되어 있음에도 불구하고 개개 법률의 관련 규정은 민법의 동의에 관한 원칙이나 성년후견제도와 별개로 규정되어 있음을 확인할 수 있다. 보건의료관련법령의 일차적 목적이 환자의 자기결정권 실현에 있지 않다고 하더라도 의료관련 행정이 통일적으로 운영되기 위해서는 민법의 의사결정 및 그 대행에 관한 원칙을 이해할 필요가 있다.

• 대한방사선기술학회지:방사선기술과학
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• 제30권4호
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• pp.313-320
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• 2007

[ $\ulcorner$ ]의료기사 등에 관한 법률$\lrcorner$에는 다수 직종을 총괄하여 규정하고 있어 방사선사 업무의 전문성 향상과 방사선의료기술에 대한 국민의 건강권을 보장하기 어렵다. 따라서 방사선사에 관련된 법령을 개별적으로 제정하는것이 요청된다. 개별법으로서 방사선사법은 궁극적으로 국민의 건강증진을 목적으로 하는 방사선사의 책임규제에 관한 법으로 제정되어야 한다. 이를 위해 전문방사선사에 대한 규정을 신설하고 보수교육과 면허관리제도의 강화를 통하여 국민들이 보다 수준 높은 양질의 방사선의료기술을 제공받을 수 있도록 하여야 한다. 또한 방사선사의 역할과 업무를 명확히 규정하여 국민에게 제공되는 의료방사선서비스의 질적 수준을 확보하여야 한다. 정부기관에는 의료방사선정책심의위원회를 두어 의료방사선의 안전관리와 방사선사 인력의 수급, 기타 의료방사선정책에 관한 중요한 사항이 검토되고, 심의되어야 한다. 그밖에 방사선조사선량의 기록, 관리를 통하여 방사선피폭으로부터 국민의 건강보호를 위한 규정도 필요하며, 팀의료의 일원으로서 방사선사의 지위가 보장되어야 한다.

• Smart Structures and Systems
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• 제11권6호
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• pp.637-662
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• 2013

The Jiangyin Bridge is a suspension bridge with a main span of 1385 m over the Yangtze River in Jiangsu Province, China. Being the first bridge with a main span exceeding 1 km in Chinese mainland, it had been instrumented with a structural health monitoring (SHM) system when completed in 1999. After operation for several years, it was found with malfunction in sensors and data acquisition units, and insufficient sensors to provide necessary information for structural health evaluation. This study reports the SHM system upgrade project on the Jiangyin Bridge. Although implementations of SHM system have been reported worldwide, few studies are available on the upgrade of SHM system so far. Recognizing this, the upgrade of original SHM system for the bridge is first discussed in detail. Especially, lessons learned from the original SHM system are applied to the design of upgraded SHM system right away. Then, performance assessment of the bridge, including: (i) characterization of temperature profiles and effects; (ii) recognition of wind characteristics and effects; and (iii) identification of modal properties, is carried out by making use of the long-term monitoring data obtained from the upgraded SHM system. Emphasis is placed on the verification of design assumptions and prediction of bridge behavior or extreme responses. The results may provide the baseline for structural health evaluation.

• 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.

• Journal of Preventive Medicine and Public Health
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• 제54권1호
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• pp.1-7
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• 2021

The Korean government's strategy to combat coronavirus disease 2019 (COVID-19) has focused on non-pharmaceutical interventions, such as social distancing and wearing masks, along with testing, tracing, and treatment; overall, its performance has been relatively good compared to that of many other countries heavily affected by COVID-19. However, little attention has been paid to health equity in measures to control the COVID-19 pandemic. The study aimed to examine the unequal impacts of COVID-19 across socioeconomic groups and to suggest potential solutions to tackle these inequalities. The pathways linking social determinants and health could be entry points to tackle the unequal consequences of this public health emergency. It is crucial for infectious disease policy to consider social determinants of health including poor housing, precarious working conditions, disrupted healthcare services, and suspension of social services. Moreover, the high levels of uncertainty and complexity inherent in this public health emergency, as well as the health and socioeconomic inequalities caused by the pandemic, underscore the need for good governance other than top-down measures by the government. We emphasize that a people-centered perspective is a key approach during the pandemic era. Mutual trust between the state and civil society, strong accountability of the government, and civic participation are essential components of cooperative disaster governance.

• 의료법학
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• 제12권1호
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• pp.227-255
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• 2011

Recently, many nations said "yes" to human embryonic stem cell research, signing an executive order to permit funding for the research in the mame of achieving health and life of humankind. Human Embryo Research is permitted by our Bioethics & Biosafety Act. But, illegal research cannot be divorced from civil liability since it requires the destruction of eggs of fertilized eggs and personal rights of embryo-creator. After all, though we allow to do research embryo, we should control the capacity of abuse of embryo research for embryo-creator. If research violate the law(Bioethics & Biosafety Act or Civil Law, etc), it comes to a delict by pecuniary loss and non-pecuniary loss. When it comes to pecuniary loss, Human Embryo is not body but special property. Supreme Court maintained a stance that mental suffering is generally deemed as compensable for damages for the loss of property where a person's property right is invaded by a tort or non-performance of obligation. Thus, where mental suffering occurs, which cannot be compensated by recovery of property losses, the situation must be a special circumstance and the injured could claim consolation money for such losses only if the offender knew or would have known of such special circumstances(Supreme Court Decision 96Da31574 delivered on Nov, 26, 1996, etc.). That is to say, Supreme Court regards mental suffering through person's property right invaded by a tort as damages that have arisen through special circumstances. According to Civil law article 393 (2), the injured could claim consolation money for such losses only if only if the offender had foreseen or could have foreseen such circumstances. Also our court will solve through damages for non-pecuniary loss by complementary function of consolation money in that pecuniary loss could be difficult to valuate.

• 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.

• Wind and Structures
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• 제6권3호
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• pp.179-196
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• 2003

A long suspension bridge is often located within a unique wind environment, and strong winds at the site seldom attack the bridge at a right angle to its long axis. This paper thus investigates the buffeting response of long suspension bridges to skew winds. The conventional buffeting analysis in the frequency domain is first improved to take into account skew winds based on the quasi-steady theory and the oblique strip theory in conjunction with the finite element method and the pseudo-excitation method. The aerodynamic coefficients and flutter derivatives of the Tsing Ma suspension bridge deck under skew winds, which are required in the improved buffeting analysis, are then measured in a wind tunnel using specially designed test rigs. The field measurement data, which were recorded during Typhoon Sam in 1999 by the Wind And Structural Health Monitoring System (WASHMS) installed on the Tsing Ma Bridge, are analyzed to obtain both wind characteristics and buffeting responses. Finally, the field measured buffeting responses of the Tsing Ma Bridge are compared with those from the computer simulation using the improved method and the aerodynamic coefficients and flutter derivatives measured under skew winds. The comparison is found satisfactory in general.

• 상하수도학회지
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• 제29권2호
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• pp.243-249
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• 2015

To improve stability of the water resources that were seriously affected by climate change and various environmental effects and to supply the clean water always, continuous efforts are essential. Provision of measures with respect of hardware is basically essential to improve the water resources stability due to the topographic characteristic in Korea. However, building a new dam becomes gradually very difficult because of a hardship in selecting right places, opposition forces such as environment and local residents, negative publicity for large civil engineering projects, and so on. The present study, therefore, proposes the Blue dam as an alternative for securing the water resources of a new concept considering domestic conditions. To evaluate the effect of the Blue dam, the Hec-ResSim model is used and the probabilistic discharge flow rate is applied. As a result, when Dam Yeongcheon is applied as a study area, securing water resources of 14 million tons are predicted be secured and the flood control of 15.4 million tons is expected, in comparison with operation of the existing dam only. Consequently, Blue dams are supposed to carry out the function of securing water resources, controling flood, maintaining eco-environmental instream flow, generating hydroelectric power, and providing spaces for recreational activities.