• The Korean Society of Law and Medicine
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• v.23 no.1
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• pp.3-33
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• 2022

In relation to telemedicine in Korea's medical law, there are Articles 17, 17-2, and 34 of the Medical Act. Since 'direct examination' in Articles 17 and 17-2 of the Medical Act can be interpreted as 'self-examination' rather than 'face-to-face examination', it is difficult to see the above regulation as a regulation prohibiting telemedicine. Prohibiting telemedicine only with the concept of medical examination or the 'principle of face-to-face treatment' is against the principle of "nulla poena sine lege"(the principle of legality). However, in order to qualify as 'examination', it must be faithful enough to replace face-to-face examination, so issuing a medical certificate or prescription after a poor examination over the phone is considered a violation of the Medical Act. In that respect, the above regulation can be said to be a regulation that indirectly limits telemedicine. On the other hand, most lawyers interpret that telemedicine between medical personnel and patients is completely prohibited based on Article 34, and the Supreme Court recently ruled that such telemedicine is not permitted even if there is a patient's request. However, this interpretation is not only far from the legislative intention at the time when telemedicine regulations were introduced into the Medical Act of 2002, but also does not match the needs of reality or the legislative trend of foreign countries. The reason is that telemedicine regulations are erroneously legislated. The premise of the legislation is wrong, and there are considerable problems in the form and content of the legislation. As a result, contrary to the original legislative intent, telemedicine was completely banned. In foreign countries, it is difficult to find cases where telemedicine is completely banned and criminal punishment is imposed for it. In order to fundamentally solve the problem of telemedicine, Article 34 of the Medical Act needs to be deleted.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.3-28
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• 2016

While product liability has been settled as a technical term in civil law, criminal law does not commonly accept technical term for it. Not like civil law, product liability in criminal law point outs individual responsibility and disability of normative order. Meaning that causation between individual's action of violation of duty and the result of danger of legal interest or infringement of legal interest must be proved. In criminal law excluding "non-result-constituted crimes (Unternehmensdelikt)", charge of injuring, accidental infliction of injury, homicide or involuntary manslaughter is problematic in product liability. Of course, it is necessary to distinguish whether the action related to the outcome is act or ommission. Also the causal relationship between the action and the result must be proved, and the intention or negligence should be recognized. In this paper, it analyzes cases that were problematic in Korea, Germany, Spain, etc. Mainly focusing on the problems revealed in the determination of causal relationship, especially recognizing criminal liability related to products. Furthermore it is followed by the view of reviewing the cause-and-effect relationship by 2 steps, dividing natural scientific causation and the normative causal relationship. In this process, to acknowledge criminal product liability in accordance with recognizing cause-and-effect relationship, there should be general risk of specific substance causing the outcome. This only premise can be meaningful to examine the casual relationship from specific cases. As it shows in some cases and theories, it is not contradicting general law of cause and effect by determining specific causal relationship by free evaluation of evidence if a general causal relationship does not exist. Also since judge's testimony does not hold a dominant position from rule of thumb, it is possible to recognize specific causal relationship. However this paper takes position that if there is no objective and reasonably undeniable cause and effect law. If there is no objective and reasonably undeniable causal law, which is the premise for recognizing concrete causal relations, judge should sentence guilty according to "in dubio pro reo" principle. In addition, it is not allowed for the defendant to burden unproven fact by free evaluation of evidence which has an effect of shift of burden of proof.

• Sim-seong Yeon-gu
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• v.32 no.2
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• pp.73-121
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• 2017

Disaster is externally an incident that causes enormous damage to society and humanity. Disaster also internally stimulate a variety of personal and collective complexes in the human mind. The sinking of Sewol Ferry in 2014 was a disaster that took away countless lives. People not only in South Korea but around the world were deeply affected by the incident. While directly taking part in disaster mental health support and meeting with people who were sunk in sorrow and helplessness and feeling the collapse of conceit against modern technological civilization, I realised the need to conduct study and research on the conscious and unconscious response from the viewpoint of analytical psychology. This research investigates the response and management of disaster in prehistoric times mainly through myths and petroglyphs. This study aims to consider the problems and improvements of disaster response in the modern times by finding the distinct cultural characteristics and the universal, fundamental, and archetypal human nature inherent in the concepts of disaster and responses to disaster and discovering their meaning and wisdom. Creation myths around the world show that in the beginning there was a disaster as part of the universal creation. Humanity has understood disaster as a periodic renewal of the world by the oppositeness between destruction and creation and had the idea that violation of taboo to be the cause of disaster since prehistoric times. Disaster could be interpreted as the intention of the Self that renews the fundamental consciousness through the externally appearing destructive action. Various rituals performed by man on earth renovates the human consciousness during a mental crisis situation, such as a disaster, and corresponds with the unconscious to create an opportunity for psychological regeneration that seeks harmony. Modern society has neglected the importance of internal dealing and the suffering human soul and concentrated on the external, technological and administrative actions related with disaster response. We cannot determine the occurrence of a disaster, but we can determine how to deal with the disaster. While developing external disaster response, we need to ponder on the meaning of disaster and conduct internal disaster response that care for human mind. Through this, we will understand the meaning of pain and have renewed mature psyche.