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Physician's Responsibilities in Medical Dispute (의료분쟁(醫療紛爭)에 있어서 의사(醫師)의 주의의무(注意義務))

  • Lee, Joon-Sang;Choi, Baik-Hi
    • Journal of Preventive Medicine and Public Health
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    • v.15 no.1
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    • pp.17-31
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    • 1982
  • A physician assumes toward his patient the obligation to use such reasonable care and skill as is commonly possessed and exercised by physicians in the same general line of practice in the same or similar localities and to use his best judgment at the times. Medical disputes between physicians and patients are, ever more increased in these days as human body, happens to cause a variety of changes in body unlike the function of machine. Such increased trends of medical disputes became a problem in common across the word under the influence of affluent living standard, high consciousness of life value and right by today's people. The aim of this dissertation is oriented to forming a physician's responsibilities in medicalcare accidents arising between physicians and patients. A general physician, for example, has not been negligent merely because, a specialist might have treated the patient with greater skill and knowledge. However, the fact that a physician may have acted to the best of his ability will not avoid legal problems for damages resulting from substandard treatment, that is the degree of care and skill which is to be expected of the ordinary practitioner in his field of practice. The duty of a physician who is, or holds himself out to be, a specialist is greater in the field of his specialty than one who is a general physician. A patient's consent to routine medical procedures is implied from the fact that patient comes to the physician with a medical problem and voluntarily submits to the procedures. For the more serious medical procedures and for major operations, however, it is preferable for the physician to have the patient's consent in writing, to facilitate proof of the consent in the event of a dispute or litigation. Suppose that mistakes on the part of physicians are likely to be blamed in all cases of malpractice. Then it will create a sort of shrinkage in activities of medical treatment. There should be some limitation on excessive application of 'The thing speaks for itself' on mistakes by physicians and availablity of cause and effect. It is a matter of complicity as well as a matter of importance to draw a definite boundary on responsibilities of physician. A series of further research on this particular aspect is strongly urged.

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A Study on the Spatial Structure Change of Elderly Care Facility according to Introduction of Long-Term Care Insurance (장기요양보험제도의 도입에 따른 노인요양시설의 공간구조 변화에 관한 연구)

  • Yoon, Sohee;Kim, Suktae
    • Journal of The Korea Institute of Healthcare Architecture
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    • v.20 no.4
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    • pp.67-80
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    • 2014
  • Purpose : Long-term Care Insurance sets up facility standard and installation standard of aged care facilities and decides the presence of minimum number of rooms and its size in care facilities by using systematic instruments. Therefore, most aged care facilities had renovation in expansion and reconstruction following the revised regulations and even facility space structure and space composition are continuously improving. The study is to determine the purpose and trend by comparing before and after space composition of facilities which followed the implementation of Long-term Care Insurance and also to suggest hierarchical space composition suitable for aged care facilities through derived problems and to provide basic materials to plan the most appropriate facility for the aged. Methods : J-graph based on Space Syntax Theory will be schematized through in-site facility survey and before and after facility floor plan. Space composition trend will be analyzed by comparing indexes through S3 program. Results : As a result of 5 cases analysis, the following results were found; the average of whole space depth is increasing due to the Extension, the number of volunteers is decreasing and rooms for geriatric care helpers are being created due to the geriatric care helper introduction duty. Also, there are solariums being created to improve the health of the aged and dispensaries are being placed on every floor with the increase of documentary work for geriatric care helpers. With the policy implementation, care facility space composition and structure are changing with facility standard and it was analyzed that facilities were mostly put under the control of limited number of people in care room and total ground area per person. It was also found that there is increase in care space integration through before and after comparison of whole integration value. This is considered as the important result not only in facility standard satisfaction, but also in care support of geriatric care helpers and the aged, its main users. Implication : In order for elderly care facilities to have quality improvement and to develop as suitable facilities for characteristics of the aged, independent environmental facility standard preparation of elderly care facilities is needed through mutual cooperation of construction fields with regulation and policy related researches.

A Study on the Standard Drawings of Seoul Middle School Architecture in 1975 (1975년 서울시 중학교 표준설계도에 관한 연구)

  • Lee, Jeong-Woo
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.14 no.5
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    • pp.2497-2504
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    • 2013
  • This study aims to analyze the 'Standard Drawings for School Facilities' issued by Seoul Education Committee in 1975 because it is the early example for middle school architecture. The results of this study are summarized as follows 1) In general trend of single-corridor type block plan, there are also changes in floor plan like no-corridor type block plan, $9.9{\times}6.6m$ classroom unit for the better daylight condition, built-in storage for students. 2) As for elevation design, it is characterized as daylight-oriented, functional exterior for without making full use of design elements. 3) Standardized dimensions are used as a rule in the height of story, ceiling, window sill and etc. Transitional characteristics of the early RC school architecture are found in exposed ceiling, incomplete insulation structure and mixed use of wood framed floor of earlier type. 4) Contrast to main school building, gymnasium shows the intend to express the symbolism of school architecture with diverse elevation design elements and the plasticity of building mass. 5) Separated plan of toilet and night-duty building also show the transitional characteristics. As conclusion, though showing the stereotyped school architecture, on the other hand, 'Standard Drawings for School Facilities' (1975) makes it possible to see the way of coping with the demands for school architecture in that time and the transition of school architecture. This is the main value of it as the material for the studies related to the history of educational facilities.

The Right to a Humane Livelihood and the Right to Health on Korean Constitution (인간다운 생활을 할 권리와 건강권)

  • Park, Jiyong
    • The Korean Society of Law and Medicine
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    • v.20 no.1
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    • pp.3-24
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    • 2019
  • This research examines the constitutional meaning of the right to health through reviewing the decisions of the Constitutional Court and proposed amendment of the Constitution issued by the President. This article further discusses the relationship between the right to a humane livelihood and the right to health. Health is a fundamental freedom and inalienable human right which is a prerequisite to accomplish individual's independent activity and realization of value. Thus, the government is obligated to protect and uphold the right. Article 36(3) of the Constitution delineates the government's duty to protect and fulfill the right to health. Through the interpretation of both Article 36(3) and Article 34 of the Constitution, I suggest that the right to health implies 'the right to social security for health'. The Constitutional Court has narrowly interpreted the scope of the right to a humane livelihood by defining the term as "minimum material living standards". However, it should be interpreted as 'the right to enjoy a healthy and cultural life for human dignity' and setting the level of protection is solely on the discretion of the legislative branch. Ultimately, the judicial review on the right to a humane livelihood connects with the issue of rational control for legislative discretion.

Cost-Benefit Analysis of Back School Program for Occupational Low Back Pain Patients (직업성 요통환자에서 재활 프로그램(Back School Program) 도입의 비용-편익분석)

  • Ju, Yeong-Su;Ha, Mi-Na;Han, Sang-Hwan;Kwon, Ho-Jang;Cho, Soo-Hun;Kim, Chang-Yup;Kim, Sun-Min
    • Journal of Preventive Medicine and Public Health
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    • v.29 no.2 s.53
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    • pp.347-357
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    • 1996
  • Although occupational low back pain accounts for $20\sim40%$ of all occupational illness and injury, there are limited numbers of studies regarding the effectiveness of back school program. The objective of this study was to evaluate the economic benefit of back school program for early return to work of occupational low back pain patients in the current occupational injury compensation and management system. The cost-benefit analysis in this study was conducted to evaluate the relative magnitude of benefit to cost. The total cost was estimated by calculating the value of components in back school program according to governmental budget protocol. The back school program was consisted of three major approaches, pain center, work-hardening program and funcional restoration program and each of components had various facilities and experts. The total amount of cost was estimated as 250,866,220 won per year. The most promising type of back school program were quite intensive (a 3 to 5-week stay in a specialized center), therefore, if we adopted the 5-week stay course, 10 courses could be held in a year. Following to the medical act, 20 patients per doctor could participate in a each course, ie, total 200 patients in a year. As a result, we could estimate the cost of 1,254,331 won a patient. We estimated the benefit by using data of a few local labor offices about average medical treatment beneficiary and off-duty beneficiary of 46 occupational low back pain patients in 1994. Ullman and Larsson (1977) mentioned that the group of chronic low back pain patients who participated in back school program needed less time to recover by 48.4% of beneficiary duration. And in the trying to estimate the benefit, we asked 10 rehabilitation board certificate doctors about reduction proportion of treatment cost by introducing back school program. The answered reduction proportions were in the range of $30\sim45%$, average 39%. As a final result, we could see that the introduction of back school program in treatment of chronic occupational low back pain patients could produce the benefit to cost ratio as 3.90 and 6.28. And we could conclude that the introduction of back school program was beneficial to current occupational injury compensation and management system.

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A Study on Evaluation Criteria of VMS User's Utility in Urban Roads (도시부도로 VMS 이용자 효용의 평가기준에 관한 연구)

  • Lim, Joon-Bum;Shin, So-Young;Kim, Tae-Hee;Park, Bum-Jin
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.10 no.3
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    • pp.36-46
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    • 2011
  • At present, the number of local governments using the Traffic Information Center are increasing and drivers are utilizing its traffic information from VMS installed on roads in cities. However, the cases of the user's utility of VMS about urban roads with special characteristics different from expressways and urban highways haven't been evaluated so far. Because VMS is a medium installed from a budget to provide traffic information, it is necessary to evaluate and manage the efficiency of users. This study judged that the efficiency of the drivers using VMS of urban roads most influences the duty on alternative route information provision so that it established its evaluation criteria. In addition, it needs to raise its value by many drivers' observation of VMS. Therefore, in case of the same conditions, the installation location of VMS should be a road section with much traffic volume so its the evaluation criteria was established. At present, the study results can be utilized to raise the user's utility of VMS installed in the urban roads.

Relative factors intent to leave for dental hygienists (치과위생사의 이직관련 요인)

  • Go, Eun-Jeong;Cho, Young-Ha;Yoon, Hee-Suk
    • Journal of Korean society of Dental Hygiene
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    • v.9 no.4
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    • pp.644-658
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    • 2009
  • Objectives : This study was to find out the status of job satisfaction and intent to leave the job for dental hygienists, and those factors affecting their intent to leave, so as to prevent dental hygienists from leaving their jobs in advance, and to strive for extending the life span of the job, contributing to improve dental care services provided by dental hygienists. Methods : The data were collected from 280 dental hygienists working in dental clinics or hospitals in Busan and Gyeongnam area by using a structured and self-administered questionnaire through mail, from February 1 to March 15, 2009, and were analyzed by using SPSS WIN 14.0 program. Results : First, It was the most prevalent for the dental hygienists surveyed to be between 100 to 149 thousand won in the level of monthly as 42.3%, and to be the assistance of dental examination and treatment for main duty as 62.5%. Leaving job was experience by 51.6% of the subjects, with work condition as the most common reason for 32.2%. Second, the degree of job satisfaction was 3.4 points overall in the score of 5 point Likert's scale on the average, showing affirmative level above the average, and significantly different according to certain characteristics such as age, education level, total years of work career, years of work career in the current job, monthly salary level, whether to provide monthly paid leave, and the number of patients treated per day. It also was significantly correlated with some structural factors and variables consisting attitude and value, including equity in pay(r=0.612), job perception as dental hygienist(r=0.573), work environment(r=0.552), self growth(r=0.531), affirmative attitude(r=0.421), and so on. Third, the mean score of intent to leave was 2.73 overall and lower than the average, showing significant relationship with some characteristics, such as age, marital status, education level, total years of work career, years of work career in the current job, monthly salary level, whether to provide monthly paid leave, and the number of patients treated per day. Intent to leave also showed the highest correlation with job satisfaction(r=-0.708), followed by equity in pay(r=-0.482), self growth (r=-0.453), job perception as dental hygienist(r=-0.392), work environment(r=-0.362), etc. Forth, job satisfaction was significantly influenced by some factors including equity in pay, followed by job perception as dental hygienist, relationship with fellow colleagues, affirmative attitude and work environment, and so on. Fifth, the intent to leave was significantly affected not only by job satisfaction but also by some structural factors including equity in pay, self growth and job perception as dental hygienist. Conclusions : The above results showed that the equity in pay was the most important factor for the intent to leave the job as well as job satisfaction among dental hygienists, thus suggesting that systematic measures should be provided to improve the job satisfaction to prevent economic loss due to leaving job frequently, and to provide pertinent reward system as a profession to enhance the motivation for accomplishment on job for dental hygienists.

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A Phenomenological Study on Orphans′ Lived Experience of Their Parents (육아시설 청소년의 부모 체험 연구)

  • 이양숙
    • Journal of Korean Academy of Nursing
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    • v.30 no.2
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    • pp.452-462
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    • 2000
  • There are currently 214 orphanages in Korea which house approximately 13,873 orphans aged between 3 and 18; this accounts for about 0.12% of all children in the same age range. Some have lost their parents, but most have come after their parents divorced or broke up. This means majority of the children in Child Care Centers have parents. Traditional virtue of obedience to parents (Hyo) was regarded as one of the highest value in Korea. Also the interaction between parents and their children was regarded as basic human nature that parents look after, both physically and spiritually, their children until they become one of the matured social member. Raised without having a chance to realize their filial duty and not having been cared for by their parents, most orphans feel that they lack something in their lives when compared with friends. In the end, they live their lives longing for their parents and go through mental discord about their parents. This paper is focused on understanding orphans' experience and views on parents. I approached the issue by applying van Manen's Hermeneutic Phenomenological Approach. The interviews, along with other reference material were phenomenologically reflected to draw essential themes as follows; 1. Orphans of pre-school age hazily long for parents without having any practical image of their parents. 2. They occasionally dream meeting their parents with image that can only last in their dreams, and this continues up through middle school. 3. At the age of elementary school, they crave the image of parents as they see their friends with their parents. 4. They start to despise their parents for having abandoned them when they reach puberty. 5. Meanwhile, as their vague image of parents fade away, they attempt to give up their thoughts toward their parents. 6. Highteens start to think in terms of fate. 7. They don't long for their parents anymore as they used to, but still wishes to meet them at least once. However, they don't want to start any kind of a relationship with them. 8. They fear that they will also fail in raising families of their own, and making their children orphans too, just like their parents have. They simply don't want to follow their footsteps. 9. Thinking that they were abandoned by their parents, they are reluctant to believe other people.

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Empirical Study for a Current Condition of Gallery in Daejeon Region -Focus on the Gallery in Daejeon Old Urban Center- (대전지역 갤러리의 현황분석에 대한 실증 연구 -대전의 원도심권 갤러리를 중심으로-)

  • Seo, Yong-Mo;Oh, Chi-Gyu;Kim, Hyung-Jun
    • The Journal of the Korea Contents Association
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    • v.11 no.3
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    • pp.230-240
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    • 2011
  • A gallery provides the function to make opportunities for artist to meet the customers who would buy the products from them. And there was performed the place where artist who production provider, planner, managers and private collectors met to distribute artworks and to educate fine art for public and provide a chance sending leisure time. We investigated this galleries at old urban center in daegeon region by the deep interview and Delphi method. A galleries was operated by a sense of duty and pride. Though its environment is poor, it grows up the young artist and art trends. By delphi results, the role of gallery is recognized as the discovery of an unknown young artist and provider of art trend and paradigm. Also they was recognized as the space for social and cultural responsibility operation culture. Galleries was recognized as key factors as literary value, marketability and harmony between gallery and artworks. Artist was known as a key factors as gallery's expertise, gallery awareness and capacity for artworks selling. Gallery will be considered the functions as the various cultural experience space and culture service space. Although galleries are passive and one dimensional functions.

The Study on Possibility of Strategic Trade using Disclosure Interval (공시시차를 이용한 전략적 매매의 개연성에 관한 연구)

  • Ko, Hyuk-Jin;Park, Seong-Ho;Lim, Jun-Kyu;Park, Young-S.
    • The Korean Journal of Financial Management
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    • v.26 no.4
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    • pp.165-189
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    • 2009
  • According to disclosure regulation, insider can hide their trading until disclosure day, because there be interval between trading time and disclosure time. To accommodate strategic trade, they have an incentive to be brought disclosure interval as long as possible. This research investigate whether strategical behaviour of informed traders using disclosure intervals exists in domestic stock market.ls xt, we aney he whether they can get abnormal return through stealth strategy after announcement date. We also evaluate the effect of mimicking trading on price impact with the assumption of existence of mimicking trading. Our major research results are as follows: In case of main shareholder without having no prompt disclosure duty, the frequency of trading started at the beginning of month is shown significantly higher than others. This result shows a direct evidence that informed traders buy or sell their equity strategically using disclosure intervals. Also, we find the result that the coefficient of strategic variables has highest value in middle size information. However, the empirical evidence that informed trader get abnormal return through strategic trading was not shown in this study. Meanwhile, stock price over-reacts for selling transaction on trading point and is recovered after disclosure date., so we assume possibility of mimicking trading exists in domestic stock market.

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