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A Study on Imposing Contribution in the Compensation for Uncontrollable Medical Malpractice during Delivery (분만관련 불가항력적 의료사고 보상제도에 있어 분담금부과에 관한 연구 -헌법재판소 2018. 4. 26. 선고 2015헌가13 사건을 중심으로-)

  • Beom, Kyung Chul
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.139-171
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    • 2018
  • The 「Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes」(hereinafter referred to as 'the Act on Mediation of Medical Disputes') provides that the state should compensate the victims of medical accidents occurred irresistibly in childbirth despite that health and medical service personnel fulfilled their duty of care for their damage within the range of its budget(Article 46 of the Act on Mediation of Medical Disputes). Given that victims of medical accidents could expect demage recovery only through lawsuits thus far, this act can be said to be a groundbreaking act. However, However, as 30% of the costs for such medical accident compensation projects are borne by those who have records of childbirth among the founders of health and medical institutions (Article 21 of the Act on Mediation of Medical Disputes), there has been a question about whether doctors are held responsible despite that the accidents such as the deaths of mothers and newborn babies occurred irresistibly without doctors' fault. However, recently, the Constitutional Court ruled that 'the range of founders of health and medical institutions' and 'share ratios of finances for compensation' in Article 46 (3) of the Act on Mediation of Medical Disputes' related to the imposition of the share of costs are institutional (Constitutional Court ruling dated April 26, 2018, 2015Heonga13, hereinafter referred to as 'the ruling in the case'). Although the ruling in the case was made based on only the principle of statutory reservation and the principle of ban on comprehensive authorization, this paper added a practical judgment. This paper proved that the share of costs in this case has the nature of burden charges in pursuit of study and does not infringe on the property rights of the founders of health medical institutions even in light of the principle of proportionality because there is a legitimate reason for imposing the burden charge. The imposition of the share of costs in the system for compensation for medical accidents occurred irresistibly is against the principle of liability with fault in part. However, the medical accident compensation projects are rational a national policy for the victims of medical accidents and the medical world clearly gains some benefits from the effect to terminate medical disputes. The expansion of finances for compensation through the payments of the share of costs will reduce the suffering and misunderstanding of victims of medical accidents occurred in the process of childbirth and will be very helpful to the construction of stable treatment environments of medical workers by quickly establishing the medical accident compensation projects as such.

Behavior Analysis of Fill Slope by Vehicle Collision on Guardrail (가드레일에 차량 충돌 시 성토사면의 거동분석)

  • Park, Hyunseob;Ahn, Kwangkuk
    • Journal of the Korean GEO-environmental Society
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    • v.15 no.2
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    • pp.67-74
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    • 2014
  • Recently, the number of road construction is increasing by industrial development. According to this industrial tendency, the number of traffic accidents are consistently increasing due to increasing number of vehicle on the road. This is mainly because traffic accidents are occurred by various parameter such as negligence of driver, vehicle defects, state of unstable road, natural environment etc. Lane department of vehicles from guardrail is occurring frequently. This type of accident is caused by vehicle performance improvement and shape of vehicle, weak guardrail installation and maintenance. Guardrail has the purpose on prevention such as prevention of traffic accident and prevention of deviating out of road, minimizing damage of driver and vehicle by collision as well as entry into the road through guardrail. Stability evaluation test of guardrail verifies the behavior of guardrail through the crash of truck. At this time, the crash condition has 100 km/h of velocity and $15^{\circ}$ of impact angle. In the case of ground condition, filling slope condition has relatively high bearing capacity of infinite ground towards the test. Guardrail is generally installed on road of shoulder in fill slope in korea. It is possible for stability problem to deteriorate ground bearing capacity in Guardrail in fill slope. The existed study towards stability of guardrail has been carried out in the infinite ground. However, the study on the behavior of fill slope with guardrail is not performed by vehicle collision. Therefore, In this study, the numerical analysis using LS-DYNA was executed for verification on behavior of fill slope with guardrail through vehicle collision. This numerical analysis was carried out with change of embedded depth on installed guardrail post in shoulder of fill slope by vehicle collision and 8 tonf truck crash providing at NCAN (National Crash Analysis Center). As the result, displacement and stress on fill slope are decreased in accordance with the increase of embedded depth of guardrail post. Ground bearing capacity is deteriorated at depth of 450 mm form shoulder of road on fill slope.

Womans experience of Risk Situation on the High-Risk Pregnancy (여성의 고위험 임신에 대한 경험)

  • Kim, Kyung-Won;Lee, Kyung-Hye
    • Women's Health Nursing
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    • v.4 no.1
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    • pp.161-178
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    • 1998
  • In spite of the great progress of the theory and skill of the Nursing Care & Medical area in relation to pregnancy, nurses in clinics face up to many challenges in maternity nursing care areas. The reason is that the mobility and mortality of mothers was sharply decreased and the unknown high-risk diseases of pregnancy woman in the past is made public. That's why it is difficult to meet the pregnancy woman in natural process from pregnancy to delivery in recently. Admission rooms are filled with high-risk pregnancy women. As a matter of fact, we have done nursing care into the surface symptoms and diseases of high-risk pregnancy women so far. We have been indifferent to a long period hospitalization, separation from family, and conflict of repeated examination. Therefore, it is widely spread to understand the emotional conflict experienced by high-risk pregnancy women and to need for nursing intervention to bring up about emotional support and the ability of perception in psychological crisis. Although the pregnancy woman judged in high-risk should carry out normal task of pregnancy, she have to be confronted with secondary risk situation. The health of self & fetus threatened by the risk situation could be decreased through care plan, but psychological stress increases. Therefore, the pregnancy brings into non-control state. It is important to ask that what the hospitalized pregnancy women in high-risk think of themselves status. Because misunderstanding or serious anxiety of themselves status put into mother and fetus in danger. And adaptation mode makes all the difference. I would like to consider how nurses could deal with this high-risk circumstances in the position of pregnancy woman on the basis of the above fact. This study uses phenomenological method to suggest the basis material for nurses to do nursing intervention in view of pregnancy woman. Because this method understands the nature of true life of pregnancy woman throughly. The phenomenological method is the sources to describe or explain affluently the process generated in confirmation areas and environment and is the application for readers to understand and recognize clinic reality and then apply this method to reasoning study place or other places. Specifically, the phenomenon study method, one of the phenomenological method, is applied. The use of that method is to describe and generalize the experience in environment exactly. The study of this study is as follows : Among 187 descriptive stamens from 8 study participants are classified into 42 theme cluster at the stage of the first analysis. Those theme is categorized into 8 sub-subjects such as anxiety of uncertainty, foreknowledge about risk circumstance, will power about overcome, unsettled feeling about hospital, relief, optimistic thought, family support, and indifferences. At the last stage of analysis, those things are categorized into 3 subjects. When high-risk pregnancy woman foretell the situation, they feel unsettlement about uncertainty and untrust feeling about hospital. But they are ease with family support and hospital support. On the other hand, they express indifferent 3-way structure response to the situation having will of overcome and exceeding optimistic thought. In those statements, the experience by pregnancy woman shows 3 respect subjects. 1. They are anxious of this situation and are in desperation and don't recognize their role to be carried out 2. They think of this situation as normal process of pregnancy and are not concerned that this can give themselves and fetus fatal damage. 3. The pregnancy women will never confront this situation. This study shows the pregnancy woman has anxiety and optimistic relief about the situation, and ignores and optimistic relief about the situation, and ignores many things. Therefore, nurses in clinic should give pregnancy woman knowledge and information about the high-risk and help them to deal with the situation spontaneously. High-risk pregnancy woman should have the care plan in respect of the right perception. And the nurse know that their support help out pregnancy woman overcome the crisis in this respect of the special nursing intervention.

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Study on Improvement of Family Assistance System for Victim's Family of Air Traffic Accident (항공사고 피해자 가족지원 제도개선 연구)

  • Jeon, Jong-Jin;Kim, Hui-yang;Yoo, Kwang-Eui
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.315-343
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    • 2018
  • In the event of an air accident, the media and members of the general public pay attention to the victim of the accident and are deeply concerned about their actions and rewards. However, through the accident of Air China(CCA) Flight 129, which occurred in 2002, we were able to confirm that it is a real problem that the victims of the air accident as well as the victims suffer much suffering and serious aftermath. Nevertheless, Korea's system for assistance the families of victims of air accident is very poor. On the other hand, when Trans-World Airlines(TWA) Flight 800 exploded and crashed over the Atlantic Ocean in 1996, the United States enacted a law to assistance the families of the victims of the accident. According to this law, systematic assistance and management of not only the victims of the accident but also their families, minimize the additional damage of victims and victims' families and help them to get rid of the accident after the accident. In particular, the measures taken by the US authorities in response to an accident in which an Asiana Airlines flight(AAR) 214 crashed during a landing at San Francisco International Airport in 2013, made a lot of suggestions for us to assistance the victims and their families in an air accident. The purpose of this paper is to suggest the necessity of improving the system for victims and victim's family assistance in air accident. In this paper, we analyze the domestic and foreign legal systems and related cases in past accidents, identify the deficiencies of the Korean system, and derive the necessity to improve the related system. It is also important to make sure that victims' families are relieved from early psychological and economic shocks and that the results of accident investigations are reliable. Relevant ministries, airlines, and related agencies should recognize that prompt and systematic assistance and cooperation is needed to ensure that victims and families are relieved of the impact and confidence in the investigation, as is the case in the United States. In addition, efforts should be made to supplement the related laws for the assistance of aircraft victims and victims' families, to establish manuals for implementation, to plan and to implement them promptly in the event of an accident. To achieve this, it is necessary to establish regulations for the legal institutionalization of the roles and responsibilities of national and state agencies on victims of aviation accidents and family assistance. And the victim and family assistance plan that the airline has to submit to it, as specified in the current law, need to specify that item. In addition, new and supplemented contents should be integrated into a single clause or proposed as a separate special law for the purpose of applying a clear law.

Excessive Water Tolerance Test by Waterlogging Treatments on the Indian Corn Accessions (침수처리를 통한 인도 수집 옥수수의 내습성 검정)

  • Jeon, Min Jae;Park, Min Jeong;Hur, Suel Hye;Min, Byung Whan
    • Journal of agriculture & life science
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    • v.51 no.1
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    • pp.35-43
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    • 2017
  • This research was carried out to excessive water tolerance test among corn accessions collected from India to breed corn cultivars targeting India market. The corn accessions were 20 Inbred lines and cultivars from India as well as Korean cultivars Gwangpyungok and Chaloksusu. Excessive water tolerance test was done in the green house by immerging the pots containing corn seedlings for two weeks. Then, the plant heights were measured to compare the control plants that were not grown in the immerging state. The results showed that seven accessions of high tolerance in flooding; H2(92.9%), H18(88.8%), CN114A(98.1%), CN351A(94.3%), Super900M(95.3%), P3394(98.8%), 31N27(96.7%) in which the percent is comparison to the control plants. Whereas nine accessions showed high damage by immerging; H1(78.9%), H8(73.4%), H10(77.1%), H19(79.0%), H26(74.1%), H31(75.7%), H34(77.5%), H36(77.4%), H40(74.6%). However, the reduction on the contents of chlorophyll a, chlorophyll b, carotenoids in leaf revealed contrast results to the flooding tolerance. Particularly, H36($7.249{\mu}g{\cdot}mg^{-1}$) and H40($7.642{\mu}g{\cdot}mg^{-1}$) showed rapid reduction in the chlorophyll a content during the flooding treatment. Whereas two Indian commercial varieties 37N27($0.630{\mu}g{\cdot}mg^{-1}$) and P3394($1.208{\mu}g{\cdot}mg^{-1}$) showed slight reduction. The reduction of chlorophyll a and carotenoid contents was positively correlated during the excessive water stress.

A Study Covering the Comparative Analysis of Educational Systems in Major Countries for Regular Cybersecurity Education (사이버보안 정규교육화를 위한 주요국 교육체계 비교분석 연구)

  • YOO, Jiyeon
    • The Journal of the Convergence on Culture Technology
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    • v.7 no.1
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    • pp.397-405
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    • 2021
  • With the recent phenomenon of the Intelligence Information Society, the cyber security paradigm has begun to change. In particular, the increase of the interconnectedness of the hyperlinked society has extended the scope of damage that can be caused by cyber threats to the real world. In addition to that, it can also be a risk to any given individual who could accompany a crisis that has to do with public safety or national security. Adolescents who are digital natives are more likely to be exposed to cyber threats, which is mainly due to the fact that they are significantly more involved in cyber activities and they also possess insufficient security comprehension and safety awareness. Therefore, it is necessary to strengthen cyber security capabilities of every young individual, so that they can effectively protect themselves against cyber threats and better manage their cyber activities. It examines the changes of the security paradigm and the necessity for cyber security education, which is in direct accordance to the characteristics of a connected society that further suggests directions and a basic system of cyber security education, through a detailed analysis of the current state of Domestic and Overseas Cyber Security Education. The purpose of this study was to define cybersecurity competencies that are necessary within an intelligent information society, and to propose a regular curriculum for strengthening cybersecurity competencies, through the comparison and meticulous analysis of both domestic and overseas educational systems that are pertinent to cybersecurity competencies. Accordingly, a cybersecurity competency system was constructed, by reflecting C3-Matrix, which is a cyber competency system model of digital citizens. The cybersecurity competency system consists of cyber ethics awareness, cyber ethics behavior, cyber security and cyber safety. In addition to this, based on the basic framework of the cybersecurity competency system, the relevant education that is currently being implemented in the United States, Australia, Japan and Korea were all compared and analyzed. From the insight gained through the analysis, the domestic curriculum was finally presented. The main objective of this new unified understanding, was to create a comprehensive and effective cyber security competency curriculum.

A Study on the System of Private Investigation

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.1
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    • pp.167-174
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    • 2022
  • Since the Promotion Committee was established on March 25, 2021, urging the enactment of the Detective Business Act, many opinions and attention from all walks of life have been gathered. The Detective Business system, which is also one of the presidential pledges of the current 19th President Moon Jae In, is expected to be significant in that it can promote the development of a welfare state as well as efficient parts such as meeting the demand for security reinforcement services, improving the judicial system, and enhancing internationalization. In accordance with the consensus of the nine judges of the Constitutional Court that the lower part of Article 40 of the "Act on the Use and Protection of Credit Information" which prohibits the use of similar names such as investigating the general life of certain people does not violate the Constitution, detective work became possible regardless of the general life investigation. In particular, the detective job officially appeared on August 5, 2020, and it will be able to provide effective work services to the public by competing with prosecutors, police, and lawyers who have occupied exclusive positions in the field of a criminal investigations. However, although the role of detectives is gradually expanding and society is rapidly changing, illegal activities are prevalent throughout society, and more than 1,600 companies are currently operating suspiciously using the only name of "detectives", but the police are virtually letting go of the situation saying that they are "unauthorized.", and the damage is only going to the people, so at this point, the most worrisome thing is the absence of the law. Meanwhile, amid concerns over institutions overseeing illegal activities caused by the emergence of the detective industry, private security and detectives are similar to each other as in the United States, and it is expected to be able to gain public trust by entrusting the police in charge of managing and supervising private security companies. Therefore, at this time when most OECD countries except Korea legislate the Detective Business Act, prematurely allowing only the detective industry without enacting industry-related laws and systems can further fuel social confusion and hinder the detective industry along with the new fourth industry.

The Relationship between the Characteristics of Naturalized Plant and Working Type on Major Forest Restoration Sites (주요 산림복원사업지 내 귀화식물의 특성과 공종 간 영향 관계)

  • Jeon, Yongsam;Park, Joon Hyung;Kwon, Ohil;Lee, Hye Jeong;Lim, Chaeyoung
    • Korean Journal of Environment and Ecology
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    • v.36 no.5
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    • pp.481-495
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    • 2022
  • This study was designed to identify the actual state of naturalized plants and invasive alien species that cause disturbances to the ecosystem, plants which are introduced after forest restoration, and explore the implications resulting from the project. Onsite examination included 29 sites which have been subjected to forest restoration by the Korea Forest Service. Once these were chosen, activity took place twice a year in the spring (May-June) and in the summer (August-September) in 2020 and 2021. Areas not relevant to the project sites were excluded from this activity so that we could identify the plants that could be understood to have been introduced or brought into the site after the actual forest restoration. And the correlation was analyzed, between the naturalized flora within the project sites and the working types applied to the site through confirmation of completion of the restoration project. The naturalized plants appearing on the entire site cover a total of 109 taxa, which includes 29 families, 80 genera, 108 species and 1 subspecies, while invasive plants included 3 families, 7 genera and 8 species. The number of classifications and the naturalization rate gradually decreased over time, after the project. While there was no significant difference between the number of classification groups and the naturalization rate for naturalized plants between project sites, given the number of taxa of naturalized plants, organized by type of damage, there were relatively more naturalized plants that appeared in the severed section of the Baekdudaegan Mountain Range, as well as at quarry and facility sites. Seeding apparently results in naturalization rates as high as 15.545%, on average, based on comparisons of naturalization rates by sowing, seeding, planting, herb planting, and sod pitching channels, all of these being methods of vegetation for planting/greening of bareland and slopes within the project areas. With no seeding, it was 9.167%, higher than the average. As for other vegetation, there was no significant difference depending on application of the working type. This means that unlike the plants subjected to planting, the working type of seed planting which makes it difficult to identify whether a certain plant is a naturalized plant greatly affects the introduction of naturalized plants to the restoration sites, even when using herb planting and sod pitching to control plants and results. Therefore the study suggests that there be inspection by experts of seeds when sowing within restoration sites. The results of this study suggest good practices that will help to direct effective vegetation restoration and follow-up management.

A Preservation of Traditional Landscape through Co-Prosperity in Local Communities - In Case of "Terraced Paddy Fields of Gacheon Village, Namhae", Scenic Site - (지역공동체 상생을 통한 전통경관 보전방안 - 명승 남해 가천마을 다랑이 논을 사례로 -)

  • Kim, Dong-Hyun
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.40 no.2
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    • pp.14-23
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    • 2022
  • The purpose of this study is to preserve the sustainable traditional landscape of the "Terraced Paddy Fields of Gacheon Village, Namhae". To this end, the changes in the traditional landscape and its factors were analyzed, and a conservation plan was sought to coexist with local communities. The results are as follows; First, the traditional scenery of "Terraced Paddy Fields of Gacheon Village, Namhae" is characterized by stonework built on a steep topography to secure cultivated land and narrow rice fields. To this end, local communities have maintained the traditional landscape through their long-established traditional knowledge, but after the designation of cultural heritage, the unique landscape of the "Terraced Paddy Fields of Gacheon Village, Namhae" changed as standardized stone construction methods were applied. Recently, the Cultural Heritage Administration recognized these problems and returned to the direct repair system of local communities, so cultivated land is regaining the scenery of the past. Second, the factors that changed the traditional landscape of the "Terraced Paddy Fields of Gacheon Village, Namhae" were largely found to be a decrease in voluntary conservation consciousness, a limited management range of preservation society, a decrease in agricultural population, and a lack of skilled traditional skills. After the designation of cultural heritage, expectations for policy support by the state or local governments accelerated the damage as existing farmland was neglected, and the lack of agricultural population also resulted in the same result. The preservation society is making efforts to preserve it, but the phenomenon of excessive and insufficient management personnel is intensifying. Conflicts between residents due to profit polarization have spread to the problem of escalating. In addition, there are concerns about the loss of traditional knowledge such as step farming technology and stone construction functions. Third, to suggest a win-win plan with local communities for preserving the traditional landscape, it is necessary to seek the ways to expand farming participants and generate profits through the placement of professional careers and public-private linkage system. In addition, it is desirable to improve the profit distribution system through the preservation society to strengthen the management authority and induce participation. And a support system is required for education on the transmission of terraced farming technology and stone construction functions.

Neurotechnologies and civil law issues (뇌신경과학 연구 및 기술에 대한 민사법적 대응)

  • SooJeong Kim
    • The Korean Society of Law and Medicine
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    • v.24 no.2
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    • pp.147-196
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    • 2023
  • Advances in brain science have made it possible to stimulate the brain to treat brain disorder or to connect directly between the neuron activity and an external devices. Non-invasive neurotechnologies already exist, but invasive neurotechnologies can provide more precise stimulation or measure brainwaves more precisely. Nowadays deep brain stimulation (DBS) is recognized as an accepted treatment for Parkinson's disease and essential tremor. In addition DBS has shown a certain positive effect in patients with Alzheimer's disease and depression. Brain-computer interfaces (BCI) are in the clinical stage but help patients in vegetative state can communicate or support rehabilitation for nerve-damaged people. The issue is that the people who need these invasive neurotechnologies are those whose capacity to consent is impaired or who are unable to communicate due to disease or nerve damage, while DBS and BCI operations are highly invasive and require informed consent of patients. Especially in areas where neurotechnology is still in clinical trials, the risks are greater and the benefits are uncertain, so more explanation should be provided to let patients make an informed decision. If the patient is under guardianship, the guardian is able to substitute for the patient's consent, if necessary with the authorization of court. If the patient is not under guardianship and the patient's capacity to consent is impaired or he is unable to express the consent, korean healthcare institution tend to rely on the patient's near relative guardian(de facto guardian) to give consent. But the concept of a de facto guardian is not provided by our civil law system. In the long run, it would be more appropriate to provide that a patient's spouse or next of kin may be authorized to give consent for the patient, if he or she is neither under guardianship nor appointed enduring power of attorney. If the patient was not properly informed of the risks involved in the neurosurgery, he or she may be entitled to compensation of intangible damages. If there is a causal relation between the malpractice and the side effects, the patient may also be able to recover damages for those side effects. In addition, both BCI and DBS involve the implantation of electrodes or microchips in the brain, which are controlled by an external devices. Since implantable medical devices are subject to product liability laws, the patient may be able to sue the manufacturer for damages if the defect caused the adverse effects. Recently, Korea's medical device regulation mandated liability insurance system for implantable medical devices to strengthen consumer protection.