• The Journal of Korean Society for School & Community Health Education
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• v.19 no.2
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• pp.1-10
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• 2018

Objectives: The purpose of this study is to expand of workplace by analyzing the duty and workplace of health education specialist and by presenting professional duty for health education specialist. Methods: 22 papers related to health education experts were finally selected from 1993 to 2017(25 years). The selected literature analyzed the title, researchers, the publishing agency, the publication year, the main contents, and duty and workplace of the health education specialist. Results: The studies on health education specialists comprised 5 cases (22.7%) between 1993 and 1999, 3 cases (13.6%) between 2000 and 2009, 14 cases (63.6%) between 2010 and 2017. Health education specialists core duty were diagnosing health education needs, planning health education programs, developing health education methods and materials, performing and managing health education programs, evaluating and conducting research on health education programs, and health communication. The workplace were 11 for medical institutions (55.0%), 9 for healthcare organizations (45.0%) and 8 for schools (40.0%). Conclusions: In addition to the basic core duty, professional and differentiated duty capabilities such as managing the target, generating health information, encouraging involvement of the target, and mobile health care should be developed.

• Korean Journal of Occupational Health Nursing
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• v.17 no.1
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• pp.64-75
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• 2008

Purpose: The purpose of this study was to analyze of PCAs' activity classification system and time of PCAs who worked in Wamco. Method: The data were collected from 2 WAMCO and 308 subjects between February and August, 2007, by questionnaire and 24 time survey. The data were processed with SPSS Win 12.0. Result: In activity analysis, PCAs' activities were classified into 20 domains and 76 activities, which were hygiene, bathing, feeding & nutrition, elimination, respiration, skin care, exercise & transfer, problematic behavior control, communication, observation & measurement comfort, medication, assisting test & treatment, reporting, environment management, patient belongings care, education attendance, indirect caregiving weekly/monthly PCAs' activity. And the PCAs' time analysis showed the average of 24hrs PCAs' time were 798.8 minutes, in which 46.8% were used in day-duty, 33.6% in evening-duty, and 19.6% in night-duty. There were no statistically significant difference in total PCAs time according to the type of industrial accidents and PCAs' type and qualification. But there were statistically significant difference in total PCAs time according to the type of PCAs (day-duty/all-night vigil. Conclusion: The results of this study can be utilized usefully and reasonally in deciding of PCAs staffing and PCAs' type and grade in WAMCO.

• The Journal of the Korea Contents Association
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• v.21 no.3
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• pp.761-770
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• 2021

The purpose of this study is to examine improvements of after-school care policy for elementary school-age children based on children's rights in the community. After-school care is important to support children right of survive and protect, as well as the right to development and participation. To support integrated child rights through the policy, local government's duty is growing in the Covid-19 world. Therefore, the main policy of out-of-school care is analyzed from the perspective of children's rights. Current after-care policy focuses on the right of protection privileges. Providing a safe facility is important, but there is a lack of policy design to expand children's options to learn by various activity which can be utilized with community resources as care contents. The role of government to this is requested to supplement accountability, fairness, democracy and public interest more than over quantitative expansion of services. This study presented an alternative based on the universal elementary care providing happy after-school hours.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.163-201
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• 2019

Doctor has the duty of an inter-hospital transfer, known as inter-facility or secondary transfer, when the diagnostic and therapeutic facilities required for a patient are not available at the given hospital. Also, the decision to transfer the patient to an another facility is rely on whether ill patient is the benefits of care, including clinical and non-clinical reasons, available at the another facility against the potential risks. Crucial point to note is that issues about 'inter-hospital transfer' is limited to questions occurred in the course of transfer between emergency medicals (facilities). 'emergency medical (facility)' is specified by Medical Law, article 3 and the duty of an inter-hospital transfer includes any possible adverse events, medical or technical, during the transfer. Because each medical facility has an different ability to care for a patient in an emergency condition, coordination between the referring and receiving hospitals' emergency medicals would be important to ensure prompt transfer to the definitive destination avoiding delay at an emergency. Simultaneously, transfer of documents about the transfer process, medical record and investigation reports are important materials for maintaining continuity of medical care. Although the duty of an inter-hospital transfer is recognized as one of duty of doctor and more often than not it occurs, there is constant legal conflict between a doctor and a patient related to the duty of the inter-hospital transfer. Therefore, we need clear and specific legal standard about the inter-hospital transfer. This paper attempts to review the Supreme Court's cases associated to the inter-hospital transfer and to compare opinion of the cases with guideline for an inter-hospital transfer already given. Furthermore, this article is intended to broaden our horizons of understanding the duty of an inter-hospital transfer and I wish this article helps to resolve the settlement and case dealt with the duty of inter-hospital transfer.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.3-26
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• 2015

Recently, Practicing of ghost surgery and duty of informed consent of doctors have become a big issue in the medical dispute and lawsuits. The ground of admitting the informed consent and the agreement(self-determination of patients) can be based on the dignity of man and the right to pursue his happiness guaranteed under Article 10 of the constitution in theory. However there are no explicit legal regulations on the duty of the informed consent and there is no substantive legal enactment on the informed consent, but there is a collision between self-determination of patients and the discretionary power of doctors. If the discretionary power on the duty of the informed consent was extended it may result in the infringement of the right of surgical patients, so called arbitrary medical treatment. Relating to this issue, New Jersey Supreme Court held that a patient has the right to determine not only whether surgery is to be performed on him, but also who shall perform it. Moreover it held that a surgeon who operates without the patient's consent engages in the unauthorized touching of another and, thus, commits a battery'. But there are no ghost surgery cases adopting battery theory in Korea, and professional negligence has been considered rather than the battery, regarding an absence of hostile intent to injure patient. Supreme Court of Korea held that a doctor who operates a medical procedure without the patient's valid prior consent based on wrong diagnosis commits professional negligence resulting in injury, and the patient's invalid consent do not preclude wrongfulness'. However, if a health care provider conducts a completely non-consensual treatment or substitute surgeon without consent, the action should be plead in battery, not negligence, but if a health care provider violate his duty of care in obtaining the consent of the patient by failing to disclosure all relevant information (risks) that a reasonable person would deem significant in making a decision to have the procedure, the action should be plead in negligence, not battery. Therefore, the scope of patients' self-determination can be protected by stating clearly the scope of the duty of the informed consent and the exemption of the informed consent legislatively, it is considered that it is valid to legislate the limitation of the discretionary power.

• Journal of Fisheries and Marine Sciences Education
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• v.19 no.2
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• pp.168-179
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• 2007

There are many students in school. So school safety accidents are happened by accident. But, if teachers know and understand about school safety accidents exactly, the school safety accidents can be reduced. The conclusion of this study is as follow. First, generally teacher has a duty and responsibility to protect and care students in educational activities. And teacher has a responsibility to protect and care students only in the cases of predictability. Second, teacher must do his/her best about a duty of attention. If teacher do his/her best about a duty of attention, he(she) has not the responsibility about the accident. Third, teacher needs to have more concern student who has a controversial figure. And teacher needs to have an evidence that he/she did his/her best for the student ordinary times. Fourth, the criteria of teacher's legal or illegal punishment to students is (1) the motivation and details for punishment, (2) the methods and degree for punishment, (3) a part of body for punishment, (4) the degree of damage for punishment. Fifth, teacher need to learn the program about school safety accidents systematically.

• The Korean Society of Law and Medicine
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• v.7 no.2
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• pp.9-74
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• 2006

Due to the awareness of their rights for medical liability and the advancement of legal principles, it becomes also not hard to find those who seek damages against hospitals, doctors and nurses for the suicide committed under the protection of psychiatric institute in Korea these days. Judgements on these kinds of cases are not enough yet, so that it may be too early to try to find principles used in these cases, however it is hardly wrong to read following things from above cases. That is, to gain the case, plaintiffs should show (1) there exists an obligation of "due care"(there is a special relation between patients and hospitals), (2) the duty is violated on the basis of the applicable standard of care, (3) whatever injures or damages are sustained are proximately caused by the breach of duty and (4) the plaintiff suffers compensable damages. To specific, whether a psychiatric institute was liable for wrong death or not depends upon the patients conditions, circumstances and the extent of the danger the patients poses to himself or herself; in short, the foreseeability of self-inflicted harm(the doctor should have or could reasonably have foreseen the patient's suicide and the doctor's negligence actually caused the suicide). In this context if a patient exhibit strong suicidal tendencies, constant observation should be required. Negligence has been found not exist, however, when a patient abruptly and unexpectedly dashes from an attendant and jumps out a window or otherwise attempts to injure himself or herself. And the standard of conduct that is required to meet the obligation of "due care" is based on what the "reasonable practitioner" would do in like circumstances. The standard is not one of excellence or superior practice; it only re quires that the physician exercise that degree of skill and care that would be expected of the average qualified practitioner practicing under like circumstances. Most of these principles have been established at cases of the U.S.A and Japan. In this article you can also find the legal organizations of medical liability and medical contacts on the suicide of patients who have psychiatric diseases under Korean negligence law.

• Proceedings of the Acoustical Society of Korea Conference
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• 1994.06a
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• pp.631-637
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• 1994

For at least 14 years after the publication of minimum permissible exposure limits that would largely eradicate industrial deafness, statute legislation in Queensland remained unchanged and ineffective. Industrial deafness continued to occur. New legislation, introduced in 1989 and amended in 1993, and based on a duty of care responsibility incumbent on all, may remedy this situation. The new legislation is examined and comments are made about the values inherent in the new approach. It is concluded that public policy strategists may increase the likelihood of success of they ensure that the duty of care provisions (together with the general provisions of the Act) are backed up by innovative complementary economic, financial and marketing incentives.

• The Korean Journal of Rehabilitation Nursing
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• v.4 no.1
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• pp.94-104
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• 2001

The purpose of this study was to analysis of nursing interventions performed by the ICU nurses to the patients with cerebrovascular disorder practically from one university hospital in Seoul. The data were collected from 15 nurses with 86 cerebrovascular disorder cases from one ICU with the questionaire to write frequency of nursing care done by the surveyee from May, 2, 2000 to July, 3, 2000 and the list of 66 nursing interventions selected out of 433 NIC(Nursing Interventions Classification) of Iowa University which were translated into Korean (44 items) and core nursing interventions by ICU nurses (22 items; KIm, Su-Jin, 1997). The data were analysed with SPSS program. The results are as follow : 1. The most frequently used nursing interventions were vital sign monitoring, fall prevention, cerebral edema management, dysreflexia management, neurologic monitoring, cardiac care, communication enhancement, technology management, bed rest care, respiratory monitoring in rank. 2. The most frequently used nursing intervention domains were 'Physiological : Complex', 'Physiological : basic', 'Behavior', 'Safty', 'Health system' in rank. In the domain of physiological : basic, the most frequently used nursing interventions were bed rest care, urinary elimination management, tube care : urinary, physical restraints in rank. In the domain of physiological : complex, the most frequently used nursing interventions were cerebral edema management, dysreflexia management, neurologic monitoring, cardiac care in rank. In the domain of behavior, the most frequently used nursing interventions were communication enhancement, touch, active listening in rank. In the domain of safty, the most frequently used nursing interventions were vital sign monitoring, fall prevention in rank. In the domain of health system, the most frequently used nursing interventions were technology management, specimen management in rank. 3. some difference of the frequency practicing the nursing interventions according to the shift of duties was found. For example, medication administration was common at day duty, touch was practiced at evening duty, temperature regulation was performed.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.61-99
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• 2017

Medical practices such as surgery often need to accompany anesthesia, which frequently causes medical accidents. In order to determine whether a medical accident related to anesthesia was caused by a doctor's fault, it is necessary to understand what is the duty of care required for the medical staff such as a doctor through all stages of anesthesia. This paper analyzed Supreme Court decisions since 1990s and recent lower courts' decisions in order to understand standard of care with respect to anesthesia. While numerous medical accidents were related to inhalation anesthesia in the past, it turned out that recent medical accidents were often related to the use of intravenous or local anesthetics. In particular, legal disputes with respect to medical accidents related to propofol have considerably increased since 2007. However, because Supreme Court decisions as to anesthesia accidents are mostly related to inhalation anesthesia, they seem to be insufficient to set standard of care as to other types of anesthesia accidents. In light of the fact that medical accidents related to the use of propofol have been increasing, it is critical to establish and maintain clinical guidelines on the use of each anesthetic in the medical field. However, The Courts can present the standard of care suitable for medical reality to serve as a compass for medical practices.