• 의료법학
• /
• 제15권1호
• /
• pp.263-302
• /
• 2014

The court handed down meaningful rulings related to medical sectors in 2013. This paper presents the ruling that the care workers could be the performance assistants of the care-giving service although the duties of care worker are not included in the liability stipulated in the medical contract signed with the hospital for reason of clear distinction of duties between care workers and nurses within the hospital in connection with the contract which was entered into between the hospital and patients. In relation to negligence and causal relationship, the court recognized medical negligence associated with the failure to detect the brain tumor due to the negligent interpretation of MRI findings while rejecting the causal relationship with consequential cerebral hemorrhage. The court also recognized negligence based on the observation on the grounds of inadequate medical records in a case involving the hypoxic brain damage caused during the cosmetic surgery. In terms of the scope of compensation for damages, this paper presents the ruling that the compensation should be estimated based on causal relationship only in case the breach of the 'obligation of explanation' is recognized, however rejecting the reparation for de factor property damages in the form of compensation, and the ruling that the lawsuit could be instituted in case that the damages exceeded the agreed scope despite the agreement that the hospital would not be held responsible for any aftereffects of surgery from the standpoint of lawsuit, along with the ruling that recognized the daily net income by reflecting the unique circumstances faced by individual students of Korean National Police University and artists of Western painting. Many rulings were handed down with respect to medical certificate, prescription, etc., in 2013. This paper introduced the ruling which mentioned the scope of medical certificate, the ruling that related to whether the diagnosis over the phone at the issuance of prescription could constitute the direct diagnosis of patient, along with the ruling that required the medical certificate to be generated in the name of doctor who diagnosed the patients, and the ruling which proclaimed that it would constitute the breach of Medical Act if the prescription was issued to the patients who were not diagnosed. Moreover, this paper also introduced the ruling that related to whether the National Health Insurance Service could make claim to the hospitals for the reimbursement of the health insurance money paid to pharmacies based on the prescription in the event that the hospitals provided prescription of drugs to outpatients in violation of the laws and regulations.

• 노동경제논집
• /
• 제27권3호
• /
• pp.25-52
• /
• 2004

1998~2000년에 신규로 장해등급이 판정된 남성 산재근로자를 대상으로하여 산재보상 수급자 데이터베이스와 고용보험 피보험자 데이터베이스를 결합함으로써 취업력(labor history)을 재구성하였다. 이 자료에 기초한 분석 결과에 따르면, 먼저 원직장복귀가 산재근로자의 주요한 직장복귀 경로이며 고용유지에도 유효하였던 반면, 요양종결 이후의 취업자들은 상대적으로 높은 이직률을 보였다. 그리고 직장복귀자의 약 6할은 이직을 경험하는 것으로 나타났으며, 이직자 가운데 77%는 이전 직장의 취업기간이 1년 미만이었다. 한편 다중위험모형을 이용한 취업기간 분석에서 사업장 규모가 작을수록 그리고 비자발적 이직의 경우에는 직업탐색기간이 길수록 산재근로자의 취업기간이 짧아진다는 사실을 확인하였다. 뿐만 아니라 요양종결 이후의 첫 직장에서 일자리를 유지하는 기간이 길수록 이후의 취업과 고용유지에도 긍정적인 효과를 보였다.

• 한국산업보건학회지
• /
• 제26권2호
• /
• pp.210-218
• /
• 2016

Objectives: The objectives of this study were to investigate female labor workers' occupational stress and musculoskeletal symptoms and to identify the effects of their occupational stress and musculoskeletal symptoms on their health-related quality of life. Methods: A survey was conducted through direct interviews using a musculoskeletal symptoms questionnaire, the Korean Occupational Stress Scale(KOSS), and the Short-Form 36-Item Health Survey(SF-36). Subjects were 112 female labor workers in three factories in D city who were selected by convenience sampling. Results: Factors significantly affecting health-related quality of life were found to be: occupational stress(${\beta}$=-.36); degree of pain, with medium pain(${\beta}$=-.31) and extremely severe pain(${\beta}$=-.24); duration of pain, with more than 1 week-less than 1 month(${\beta}$=-.25) and more than 6 months(${\beta}$=-.16); frequency of pain, with once per 2-3 months(${\beta}$=-.22); responses to pain such as medical leave, use of worker's compensation insurance, task change, etc.(${\beta}$=-.16), and Slightly difficult(${\beta}$=-.16) versus Not hard at all. These variables demonstrated that health-related quality of life is 48%(F=11.72, p<.001) in female workers. Conclusions: To improve female labor workers' health-related quality of life based on the above results, occupational health managers should reduce the workers' occupational stress, develop and apply health interventions regarding musculoskeletal symptoms, prevent the early onset of musculoskeletal symptoms, and protect and promote the workers' health.

• 보건의료산업학회지
• /
• 제10권1호
• /
• pp.131-142
• /
• 2016

Objectives : Using several waves of the Panel Study of Worker's Compensation Insurance(PSWCI), this study analyzed the effect of work hours on health and lifestyle of Korean workers in a sample from the 2013~2014 year (The first survey was completed in August-October 2013; the second survey was completed in August-October 2014). Methods : The research subjects were 1,312 men from among employees who responded to a 2013 PSWCI panel report. Statistical analyses were done with SAS version 9.3 (SAS Institute Inc., Cary, NC, USA). Results : According to the results of the analysis, the male subjects had differences in economic activity and health conditions based on the length of working hours. There was a significant relationship among working hours and life satisfaction, and the correlation coefficients were statistically significant. The results show that workplace conditions has a direct positive effect on life satisfaction as we anticipated in the hypothesis. Conclusions : Management should focus on the factors identified in this study when developing employment interventions programs to improve the the promotion of healthy lifestyles for adults over the age of 40.

• 한국직업건강간호학회지
• /
• 제16권2호
• /
• pp.168-176
• /
• 2007

Purpose: This study was to investigate the factors influencing on the quality of life (QOL) among herniation of nucleus pulposus (HNP) patients caused by occupational accidents. Method: 203 patients of HNP were recruited. 106 patients were occupationally injured workers who benefited from workmen's compensation scheme (PWCS group), and 43 patients were non-occupationally injured workers benefiting from national health insurance (PNHI group). Questions of QOL items were used by Korean version of SBQOL (SmithKlein Beecham's Qality of Life). Result: The quality of life of PWCS group measured by SBQOL was significantly lower than that of PNHI group. In PWCS group, SBQOL was significantly lower in patients with 40s of their age, 5 years or longer of treatment duration, no expectation of return to work, no expectation of recovering subject's health, and with loss of employment than rest of the patients in each category. Expectations of recovering subject's health showed to be affect factors on QOL both the PWCS and PNHI groups. Conclusion: It suggested that betterment of expectation of recovering patient's health and an administrative system for returning to work of the occupationally injured HNP patients during treatment be necessary for improvement of their quality of life.

• 문화기술의 융합
• /
• 제8권4호
• /
• pp.45-51
• /
• 2022

본 연구는 산업재해 피험자의 고통을 수반하는 장애나 질병이 개인의 사회경제적 활동과 직접적인 관련이 있으며 현재의 건강과 일상생활 만족도에 영향을 미치는 주요 변수라는 관점에서 사회경제적, 사회적 활동에 대한 기초자료를 제공하는 것을 목적으로 한다. 본 연구의 목적은 산업재해서비스와 삶의 만족도에 영향을 미치는 요인을 연계하여 산재보험 수혜자의 경제적, 심리적 재활을 위한 기초자료를 제시하고, 고통과 삶의 만족도 간의 관계를 규명하는 것이다. 연구 결과, 산재보험 급여 수급자는 산재 통증으로 인해 산재 환자가 된 후 일상생활 만족도에 영향을 미치는 것으로 나타났다. 재활서비스와 의료상담 서비스 간에는 양(+)의 관계가 있었다. 산업재해 통증은 개인의 특성인 자존감을 저하시키며, 현재의 건강이 좋아져도 일상생활에 대한 만족도가 떨어진다. 산업재해 관련 서비스의 중요성은 재활 서비스와 의료 상담 서비스를 통해 일상생활의 만족도를 높인다는 점에서 알 수 있습니다. 또한 산업재해 이후 다양한 문제와 상황에 처한 환자에게 적합한 자존감 향상을 위해 지속적으로 노력한 결과 재활서비스 및 건강에 대한 만족도가 향상될 수 있음을 간접적으로 확인하였다.

• 한국사회복지학
• /
• 제69권3호
• /
• pp.193-212
• /
• 2017

본 연구의 목적은 산업재해를 경험한 근로자의 경제활동형태 변동과 그 특성을 기술하고, 산재근로자의 노동시장이행과 관련하여 산재보상서비스를 비롯한 영향 요인이 무엇인지 탐색하는 것이다. 이를 위해 산재보험패널 1~3차(2013년-2015년)자료를 활용하여, 요양을 종료한 1,668명의 산재근로자를 대상으로 분석하였다. 연구결과는 첫째, 한번이라도 원직장 복귀를 경험한 사람은 36.9%, 재취업 경험자는 51.5%, 미취업 경험자는 36.9%였다. 경제활동형태 전이확률은 현재 원직장 복귀자가 다음 기에도 원직장을 유지할 확률은 88.1%, 재취업자의 재취업 유지 확률 88.9%, 미취업자가 다음 기에도 미취업자가 될 확률은 60.0%로 나타났다. 둘째, 경제활동형태 변화에서 재취업 대비 원직장 복귀에 유의미한 영향을 미치는 요인은 성별, 연령, 학력, 요양기간, 현재 업무수행능력, 산재전 직장규모, 근무기간, 종사상 지위 중 임시직, 일용직 그리고 직업훈련 총 횟수였다. 재취업 대비 미취업을 선택할 확률에 유의미한 영향을 주는 요인은 성별, 연령, 장해등급, 요양기간, 현재 업무수행능력, 산재 전 근로기간, 직업재활서비스 이용 경험이었다. 분석결과를 토대로 산재근로자의 직업복귀와 노동시장이행을 지원하기 위한 논의점을 제시하였다.

• 한국직업건강간호학회지
• /
• 제22권2호
• /
• pp.102-111
• /
• 2013

Purpose: This study was conducted to analyze the characteristics of work-related musculoskeletal diseases (MSD) and the factors for approving MSD by the parts of the body. Methods: The analysis was done using the data which were drawn from the Industrial Accident Compensation Insurance that is operated by the Korea Worker's Compensation & Welfare Service. The data were composed of total cases related to the work-related diseases from 2006 to 2009. In addition, MSD data input by an investigator were collected. The factors associated with MSD were analyzed using ${\times}2$ and multiple logistic regression. Results: MSD approved cases have increased since 2006 and the proportion of the approved work-related MSD cases in the workers with work-related diseases in 2009 were 33.4%. Spinal approved cases were the highest percentage and upper and lower extremities cases gradually increased. The factors for approving upper extremity were found to be age, company size, type of industry, working duration, and in the case of spine to be company size and heavy lifting. Conclusion: Work-related MSD have increased and the factors that affected MSD by the parts of the body varied. Management strategy must be established to prevent MSD by the parts of the body.

• Journal of Korean Neurosurgical Society
• /
• 제29권12호
• /
• pp.1600-1605
• /
• 2000

Objective : World Health Organization and International Labour Organization, in June 8, 1999, requested that working conditions should be reformed ethically right and economically solid for 2.7 billion world labour force. The purpose of this study is to request compensable surgical therapeutic options and to suggest the renewal in cognizance criteria for worker's compensation, especially in spondylolisthesis. Methods : Regarding spondylolisthesis, we obtained data from Korea Labor Welfare Corporation(KLWC). Spinal disease occurrence incidences and medical fees of National Federation of Medical Insurance(NFMI) were analysed. The compensated 122 spinal instrumented cases included 117 male and 5 female patients, aged from 23 to 72 years old(mean : $45{\pm}9.85$). We compared Korean and Foreign Workers Compensation Law. Results : Numbers of herniated nucleus pulpus(78 cases), spinal fractures(34 cases) and dislocations(4 cases) were claimed after spinal interbody fusion operation and were compensated. These compensated degenerative diseases, work related illness, occurred in the course of work. A case of 52-year old spondylolisthesis patient with Disability Grade 8 was compensated by KLWC, according to its occurrence at work by accident. With exception of trauma at work by accident, current cognizance criteria were too narrow to be compensable, especially in surgical therapeutic option, for worker's spondylolisthesis. Conclusion : Considering both worker's compensation law and clinical pathologic progress, we believe that spondylolisthesis should be regarded as a compensable occupation related disease if and when aggravates rapidly in the course of work. We suggest a new cognizance standard to KLWC for labour welfare and proper worker's compensation.

• 한국산업보건학회지
• /
• 제31권2호
• /
• pp.156-172
• /
• 2021

Objectives: To investigate the trends of industrial injuries among long-term health care workers in Korea Methods: T7866 injuries were selected from the total industrial injuries approved by the Industrial Accident Compensation Insurance Act(Occupational Safety and Health Act) among long-term health care workers between 2007 and 2016 in Korea. We analyzied the trends of industrial injuries according to work process, occurrence type, and causes. Results: The industrial injuries among long-term health care workers increased since 2012. The mostly occurred area for industrial injuries were low back areas, which is related that the most serious industrial injuries occurred when the one long-term healthcare worker lift manually the recipient, from bed(ondol, Korean floor heating system) to a wheelchair, bed to bath bed, and wheelchair to bath chair. In addition to this, lack of workforce, increased work intensity due to overwork contributed the increasing of occupational injury. Conclusions: This study suggests that the main causes of industrial injuries were Lack of facilities and equipment for small private long-term care institutions, The physical load that goes into lifting the recipient directly, work intensity such as excessive workload and increased work speed. We suggest that the social publicization of long-term care service for the elderly, avoiding ways to lift recipients directly, introducing lifting machines as well as improving working methods, and reducing the workload of caregivers are required.