• 제목/요약/키워드: The good Samaritan law

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대학생의 선의의 응급의료면책에 대한 인식과 기본심폐소생술에 대한 태도 (Awareness of good Samaritan law and attitude toward basic life support in university students)

  • 최은숙;이경열
    • 한국응급구조학회지
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    • 제23권3호
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    • pp.53-65
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    • 2019
  • Purpose: This study aimed to assess the awareness of good Samaritan law and attitude toward basic life support (BLS) of university students. Methods: A 29-item questionnaire survey was conducted among 147 students in A university. The participants were freshmen and sophomores who had received cardiopulmonary resuscitation (CPR) training in middle or high school. Statistical analysis was carried out using SPSS 21.0. Results: The majority (85%) of the participants knew about the good Samaritan clause in the Emergency Medical Service Act, but only about half (58.5%) knew about the Non-rescuer Act. Almost all of the patients said they would administer CPR to patients and showed a positive attitude toward BLS (3.74±0.40). Conclusion: Greater help attitude was exhibited by those who knew the good Samaritan law. These findings suggested that such education may increase their likelihood or helping in emergencies.

'선한 사마리아인 법'에 따른 민사책임의 감경 - 응금의료에 관한 법률 제5조의2을 중심으로 - (Exemption from Civil Liability in the Good Samaritan Law)

  • 김천수
    • 의료법학
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    • 제15권2호
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    • pp.31-60
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    • 2014
  • In this paper the good Samaritan civil liability is argued. In many cases some damage could be caused by an emergency medical service. In such situations the degree of duty of care taken by the service provider would be alleviated depending upon the degree of emergency. Then the service provided by anyone not carrying any duty to do so could be generally ruled by the 'Korean Civil Act' Article 735. This article is related to the management of affairs in urgency. The application of this article means the mitigation of civil liability of the service provider. If the service provider not carrying any duty to provide it "has managed the affairs" of the service "in order to protect the" victim "against an imminent danger to the latter's life", the provider "shall not be liable for any damages caused thereby, unless he acted intentionally or with gross negligence". Korea has another rule applied in such a situation, that is the Korean 'Emergency Medical Service Act' Article 5-2. This article is established for the exemption from responsibility for well-intentioned emergency medical service. It could be referred to as the Good Samaritan law. It provides: "In cases where no intention or gross negligence is committed on the property damage and death or injury caused by giving any emergency medical service or first-aid treatment falling under any of the following subparagraphs to an emergency patient whose life is in jeopardy, the relevant actor shall not take the civil liability ${\cdots}$" In this paper the two articles is compared in the viewpoints of the requirements for and effects of the application of them respectively. The 'Korean Civil Act' Article 735 is relatively general rule against the the Korean 'Emergency Medical Service Act' Article 5-2 in the same circumstance. Therefore the former could be resorted to only if any situation could not satisfy the requisites for the application of the latter. In this paper it has suggested that the former article be more specific for the accuracy of making decision to apply it; and that the latter be revise in some requirements including the victim, the service provider, and the service.

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일 지역 주민의 심폐소생술 수행에 미치는 영향요인 (Factors Influencing Cardiopulmonary Resuscitation Performance on a Stranger)

  • 김현숙;엄동춘;홍선우
    • 한국간호교육학회지
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    • 제16권2호
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    • pp.339-346
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    • 2010
  • Purpose: Bystander cardiopulmonary resuscitation (CPR) improves survival. However, there have been few studies on the performance of bystander CPR in Korea. This study was done to identify the reasons for being unwilling to perform CPR, and to investigate the factors associated with performing CPR on a stranger in an emergency situation. Method: The participants in this study were 444 local residents. Data were collected by using self-reported questionnaires from May 1 to June 30, 2010. For data analysis, descriptive statistics and multiple logistic regression were performed using SAS version 9.1. Result: Only 32.2% of respondents reported being willing to perform CPR on a stranger. The major reason for not being willing to perform CPR on a stranger was "have no confidence to perform CPR well". From multiple logistic regression analysis, statistically significant predictors of CPR performance on a stranger were found to be a higher educational level (OR=6.11, 95% CI 1.46-25.52), neighbors with angina pectoris or myocardial infarction (OR=6.65, 95% CI 3.93-11.24), and having confidence of performing CPR (OR=3.02, 95% CI1.78-5.14). Conclusion: CPR education (including automatic external defibrillator) should be offered to family members and neighbors. In addition, the Good Samaritan Law must be given wider publicity at the national level.

개정노동법과 종합병원의 노무관리전략 (Revisioned Labour Law and Labour Management Strategy in Hospital)

  • 문영전;손태용
    • 한국병원경영학회지
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    • 제15권4호
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    • pp.191-222
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    • 2010
  • Revisioned labour law was confirmed by vote of National Assembly on 1st January 2010. Under revisions labour law the necessity was expressed to reconstruct and change the relationship between labour and management in hospital. This study was described to investigate the operational statement of labour union in general hospital and to investigate how the labour policy would be change and which form would be appear in labour union in hospital. The survey results which was operated targeting labour managers in hospital were as follows ; first, in the possibility of plural labour unions establishment, university hospital labour managers forecasted the possibility as high. but non-university hospital labour managers forecasted the possibility as low. second, even though the plural union labours would be established in hospitals there would be no difficulties in collective bargaining between labour and management. third, the labour union activities would not be shrink even though there would be wage pay prohibition for the full-time union laboures. As the wage pay prohibition acted on the full-time union labours, countermeasures are required as follows; first, there is a possibility that there will be diversity in the form of full-time union labours. It is need to make the criterion of hospital about the limit of full-time labour union members. It is need to make the criterion of labour activities of non-working hour exception. It is need to cope with the diverse demands of labour union which aim to solve the financial burdens. As the plural labour unions are permitted it is need to make countermeasures as follows ; To analyze whether there is a possibility by the establishment of new labour to be plural labour unions. To establish the countermeasures in short-term aspect to make the countermeasures to cope with the establishment of plural labour unions. In long-term aspect to establish labour and management strategies. Henceforth, found on the revisions labour law, it is need to provide in hospitals as follows; first, it is need to prepare labour management policies and substitutes which suitable for plural labour union period. Second, it is need to determine concretely on the related matters of the union labours and to develop the conclusion guidelines which preparing infective criteria. Third, to examine the effects on the hospital organization by organizational forms of labour union which is weak in financial aspect.

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공무원인 119구급대원의 직무수행과 관련하여 발생할 수 있는 민$\cdot$형사상 책임과 그에 따른 법적 보호를 위한 대책에 관한 연구 (A Study on Civil and Criminal Liabilities of 119 Rescue and Its Legal Protection)

  • 배현아;윤순영;정구영;이경환;김찬웅
    • 한국화재소방학회논문지
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    • 제19권2호
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    • pp.45-62
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    • 2005
  • 본 논문은 우리나라 병원전 응급의료체계의 대부분을 차지하고 있는 119구급대의 법적 지위를 정의하고 직무수행과 관련된 법적책임에 따라 발생할 수 있는 문제들을 검토하여 병원전 응급의료체계의 질향상에 필요한 구급대원의 법적 보호를 위한 대책을 제시하고 나아가 앞으로 발생 가능한 병원전 응급의료체계와 관련된 법적인 소송에 대비한 위험관리와 그 대책에 대하여 검토하였다. 119구급대는 소방법에 근거하여 편성되어 그에 따라 구급대원은 공무원의 법적지위를 갖게 되어 국가배상책임이 일차적이지만, 응급처치와 응급환자 이송이라는 업무의 특성상 민, 형사상 책임이 동시에 발생할 수 있다. 구급대원의 직무수행과 관련된 법적 문제의 발생을 줄이고, 구급대원을 법적으로 보호하기 위한 방법으로 의학적 지도관리를 강화하고 구급대원의 응급의료와 관련된 지침서를 마련하고 지침과 절차에 따라 직무를 수행하여야 하며 현장에서 응급실까지의 응급의료체계와 관련된 출동에 대해서는 정확하고 합법적인 기록을 작성하여 보존하여야 한다. 현재 구급대원의 법적보호규정으로 긴급피난적 응급처치와 형사적 책임의 완화 내지 면제를 위해 응급의료에 관한 법률에 의해 임의적 감면사유를 규정하고 있다. 민사적으로도 긴급피난 외에 착한 사마리아인법 또는 구호자 보호법과 같은 새로운 법제정 및 개정이 필요하다.