• Title/Summary/Keyword: duty of information to guide

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The Functional Classification of Physician's Duty of Information and Liability for Violation of the Duty (의사 설명의무의 법적 성질과 그 위반의 효과)

  • Suk, HeeTae
    • The Korean Society of Law and Medicine
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    • v.18 no.2
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    • pp.3-46
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    • 2017
  • Physician's Duty of Information is classified into three categories by legal function: 'Duty of Information to Report' to fulfill the patient's right to know; 'Duty of Information to Guide' patient's convalescing and staying healthy; 'Duty of Information to Contribute' to patient's self-determination. We classify the physician's duty of information because the legal effect from the breach of duty varies accordingly. The legal effect is focused on damage compensation responsibility for breach of duty. When a physician violates 'Duty of Information to Report', he subjects himself to liability of compensation for infringing on the patient's 'Right to Know'. When a physician violates 'Duty of Information to Guide', she subjects herself to liability for general medical malpractice. Finally, when a physician violates 'Duty of Information to Contribute', the physician is basically liable for violation of the patient's 'Right to Self- Determination' which refers to infringement on freedom of choice. However, in the case of situation that patient's refusal to the medical treatment would be presumed, the physician bears all liability for the patient's damage which includes both of property and mental damage.

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Necessity of revision of the mandatory medication guidance regulation under the Pharmaceutical Affairs Act (약사법상 복약지도의무 규정의 개정 필요성)

  • Dawoon Jung
    • The Korean Society of Law and Medicine
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    • v.24 no.2
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    • pp.119-145
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    • 2023
  • The Pharmaceutical Affairs Act stipulates medication counseling as an obligatory requirement in the case of preparation of medicine. In fact, there are many cases where pharmacists only tell patients the dose and time and do not properly guide them on taking medications. However, in light of the current situation where non-face-to-face treatment is being attempted, there is a high possibility of drug-taking accidents due to insufficient medication guidance. In addition, as an aging society progresses, the need for explanations on pharmaceuticals is increasing. If a pharmacist causes damage to a patient by failing to give appropriate medication guidance, the patient can claim compensation for damages. In addition, if a drug accident occurs due to a conflict between the pharmacist's duty to guide medication and the doctor's duty to explain, a joint tort is established between the pharmacist and the doctor. Nevertheless, there are cases in which only doctors are judged to bear the tort liability. However, the Pharmaceutical Affairs Act includes providing information for the selection of over-the-counter drugs in the medication guidance as part of the medication guidance obligation. Therefore, in order to reconsider the importance of the medication-taking guidance duty, it is necessary to define the medicationaking information provision method and the medication-taking guidance duty as separate concepts. In addition, it is necessary to amend related regulations centered on patients so that medication guidance, such as side effects of medicines and interactions with concomitant medications, can be made in detail.

Developing the Mobile GIS System Using CDMA Networking - Case Study of Forest Fire Ground Fighting Team - (CDMA 데이터망을 이용한 Mobile GIS 시스템 개발 - 산불발생시 지상진화대원 업무를 사례로 -)

  • Jo, Myung-Hee;Lee, Myung-Bo;Jo, Yun-Won;Kim, Dong-Hyun;Shin, Dong-Ho
    • Fire Science and Engineering
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    • v.21 no.1 s.65
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    • pp.60-68
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    • 2007
  • In order to guide the safe extinguishment duty of forest fire ground fighting team and acquire its exact location information in case of a large scale of forest fire, it is very important to monitor the real time coordination data the forest fire ground fighting team. In this study the guidance for safe extinguishment duty of forest fire ground fighting team could be provided by monitoring the current location information and moving route information, which are received form GPS through CDMA (Code Division Multiple Access).

Medical Certificate as an Evidence of Personal Injury (진단서의 증명력: 상해진단서를 중심으로)

  • Lee, Dongjin
    • The Korean Society of Law and Medicine
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    • v.18 no.2
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    • pp.47-73
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    • 2017
  • Medical certificate is a document to demonstrate a patient's health status, made up and signed by a physician, dentist, or oriental physician who attended the patient. It serves as an evidence in many official process including civil or criminal law suit, especially for one's personal injury. The Korean legal system also acknowledges and protects the evidentiary function of medical certificate by mandating physicians etc. to issue medical certificate in good faith and only when they personally attended the patient, and by criminally punishing them when they do not comply with these legal requirements. There are some reasons, however, that medical certificates often do not reflect the true health status of the patient: When physicians attend the patient and collect information regarding the health status of the patient, their priority is and should be the most cost-effective way to meet the health needs of the patient. It does not necessarily correspond to the accurate examination of the health status of the patient. Even when the patient's report on the history of the illness or the injury seems suspicious, physicians might have to avoid disproving it because that kind of attitude might harm the rapport between the physician and the patient. All these can distort the perception of the physicians and this distortion can be reproduced in the medical certificate they made up. Some of these problems might be resolved or at least enhanced by introducing new form of medical certificate which would guide physicians to reveal the nature, factual and theoretical grounds, and the limit of their findings more accurately. Others, however, would not be able to address, because it stems from the conflict between the physician's primary duty, duty to be loyal to the patient's life and health, and his secondary duty to serve as a public or neutral witness on the health status of the patient, and when both values or duties conflict with each other, they should choose the duty to the patient sacrificing the duty to the public or the court.

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선박의료관리자 전무가시스템 구축을 위한 기초연구

  • 류대석;이재홍;서기열;박계각
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2000.10b
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    • pp.187-193
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    • 2000
  • An expert system for a ship medical manager is presented in this paper where it si planned to improve the medical environment of the crew. The proposed system includes a information retrieval system that is based on the knowledge database organizing important experiences of first-aiders and is intended to be used effectively by the inexpert member. Moreover, this system of which the purpose is to computerize the medical work of each ship medical manager that the third officer give an affirmative guide for the execution of their duty from the medical treatment database of the disease occurring frequently on many crews.

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(The development of information communication system between school and home) (학교-가정 정보 교류 시스템 개발)

  • 김종무;김의정
    • Journal of the Korea Computer Industry Society
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    • v.3 no.8
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    • pp.1073-1084
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    • 2002
  • A student's school records should be utilized not only as data for storage and a guide for entrance into future schools, but also as data for evaluating the student's school life whenever their parents or the student wants to. This study is based on the necessity of the communication between school and home by means of information communicative media, and the duty of faculty to provide the parents with information regarding the student's educational growth. For this purpose, a system was developed and discussed to permit both the students and their parents access to a database of the students' school records which were stored in the School Total Information Management System. This system had been promoted as part of an education information program, so that both students and parents could read it individually at any time.

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A Study on the Formulation of the Collection Development Policy for a National Library (국가도서관 장서개발정책 수립에 관한 연구)

  • Yoon, H.Y.;Chang, D.H.
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.21 no.4
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    • pp.107-122
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    • 2010
  • A national library bears responsibility to collect, develop, manage and preserve the national knowledge resources and heritages. The institution, in order to accomplish this duty, should center on systematically developed collection development policy. This paper, in this regard, strives to propose a model to comprise of basic principles of collection development of a national library in order for the effective management of resources by the types and subjects. Major emphasis was put on the nature of a national library as a legal deposit library, an information gateway, and a repository for national information resources. As a result, a model collection development policy appropriate for a national library has been proposed by analyzing cases in other countries to guide establishing principles for determining and analyzing the types and magnitude of the collection acquisition; by applying the Five-level conspectus to be optimal to collection magnitude; and, by identifying the essential elements in systematic development of national knowledge/information resources.

A Contents Analysis of Nursing Needs at Labor Pain (분만통증 관련 간호요구에 대한 내용분석)

  • Yeo, Jung-Hee;Baek, Seol-Hyang
    • Women's Health Nursing
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    • v.7 no.4
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    • pp.499-507
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    • 2001
  • The purpose of this study was to explore nursing needs during labor pain that had been suffered by women who have given birth. It is essential to identify the nursing needs in order to solve nursing problems and to provide better care for the parturients. The sample consisted of 20 women of primiparas and 17 women of multiparas. They underwent normal labor and delivered a healthy baby at term. The data had been collected through the unstructured interviews conducted 1-2 days after delivery in the admission room from March 1998 to March 1999. On average, the interviews lasted for about 30 minutes. Interviews were taken with the consent of the subjects. The data are categorized according to the similarities of their contents. Seventeen subordinate categories and six superordinate categories have been identified. Six superordinate categories are 1) physical nursing needs 2) nursing needs of medical behavior 3) emotional nursing needs 4) informational and teaching nursing needs 5) nursing needs of pain control 6) nursing needs of respect(personality). Seventeen subordinate categories include: comfortable posture, touch, professional knowledge and techniques, duty execution, support, company and talk, stable surroundings, reassurance, information on delivery, explanation of medical behavior, information on surroundings, instruction on the case of pain, arbitrary adjustment, artificial adjustment, respect, interest and reflection of opinions. The result of this research is the same as that of foreign research and the items of the questionnaire in Korea are the same as the foreign one. Despite the same result, however, this dissertation is significant in that the research identifies the parturients nursing needs and classified the data and thus the basis has been formed to develop the tools to assess the nursing needs of the Korean parturients. The findings can be used as the guide for nursing intervention of parturients.

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A Study on a Model Collection Development Policy for Children and Young Adults Libraries - with a special reference to the National Library for Children and Young Adults, Korea - (어린이청소년도서관 장서개발정책 모형 연구 - 국립어린이청소년도서관을 중심으로 -)

  • Chang, Durk-Hyun;Lee, Yeon-Ok;Yoon, Hee-Yoon
    • Journal of Korean Library and Information Science Society
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    • v.45 no.2
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    • pp.179-203
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    • 2014
  • The main objective of this study is to set a Collection Development Policy(CDP) for the National Library for Children and Young Adults(NLCY). Every library, in order to accomplish its duty, should maintain a written collection development policy. This paper, in this regard, strives to propose a model to comprise of basic principles of collection development of NLCY for the effective management of resources by the types and subjects. Major emphasis was put on the nature of the library as a repository and a service point for children and young adults, and a hub for children-related research. As a result, a model collection development policy appropriate for NLCY has been proposed by analyzing cases in other countries to guide establishing principles for determining and analyzing the types and magnitude of the collection acquisition.

Classification of Nursing Activities and Workload Analysis in a New Open Hospital (환자중심 간호업무 향상을 위한 간호업무 측정에 관한 연구)

  • Lee, Young-Shin;Kwon, Young-Mi
    • Journal of Korean Academy of Nursing Administration
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    • v.3 no.2
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    • pp.123-136
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    • 1997
  • The purpose of this study was to confirm the classification of nursing activity and to analyze the time of nursing workload in a new open hospital. The data were collected from 20 nurses working in 6 general nursing units by 4 trained observers. The tools used for this study were an observation recording sheet and a classification sheet of nursing activity. The classification sheet was constructed to be adaptable to each hospital system based on the instrument described in the literature. The results of the study are as follows : The direct nursing activities consisted of 6 sections, 33 subsections and the indirect nursing activities consisted of 14 sections, 53 subsections. The direct nursing activities included medication, measuring and observation, care of therapies, care of physical comfort, laboratory and treatment. The indirect nursing activities included preparation of medical utensils, collection of information and assessment, recording, phone communication, professional interaction related to patients, personal time, assigning work to staff, patient eaucation and training, interaction with lab, transfer of administration of utensils, checking physician's order, dietary service, management of pollution and contagion, guide direction. Nurses spent 127.6min for direct nursing activity during day duty. It was 24.5% of total nursing activity. Within that activity medication had the highest percentage of time(40.09%), followed by communication and education with patient(24.76%), measuring and observation (16.93%), laboratory and treatment (12.85%), care of therapies(3.21%) and care of physical comfort (2.16%). The time breakdown for indirect nursing activities is as follows ; the preparation of medical utensils 22.3%, collection of information and assessment 20.29%, recording 20.27%, phone communication 8.14%, professional interaction related to patients 7.33%, personal time 7.24%, with the remaining timeshared by staffing, patient education and training, interaction with lab, transfer of administration of utensils, checking physician's order, dietary service, management of pollution and contagion, guide direction. In the analysis of the relationships between the working time and the work allocation characters of the nurses(including nurse's experiences. nurse-patients ratio, nurse-rooms ratio, and character of nursing unit) ; There were no significant differences in direct-indirect nursing times between nurse's career years. There was significant difference in direct nursing time between assigned patient numbers. The nurses assigned larger number of patients spent significantly more time in direct nursing care than that of the smaller. On the other hand, there was no significant difference in indirect nursing workload between the assigned patient numbers. There were no significant differences in direct-indirect nursing time between an allocated patient's room numbers. There was significant difference in working time between working places. The nurse in the medical unit spent more time in direct nursing care than her counterpart in the surgical unit. However there was no difference in direct nursing time between two groups. The study results indicate that nurses spent less time in the direct nursing care than in the previous studies even though the hospital system has been modernized. On the other hand they spent much more time for the coordinating role within the interdisciplinary team and for the overlapping paperwork. Therefore it is recommended that patient oriented job description and more efficient usage of modernized utilities be made.

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