• Title/Summary/Keyword: education precedents

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Informed Consent as a Litigation Strategy in the Field of Aesthetic Surgery: An Analysis Based on Court Precedents

  • Park, Bo Young;Kwon, Jungwoo;Kang, So Ra;Hong, Seung Eun
    • Archives of Plastic Surgery
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    • v.43 no.5
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    • pp.402-410
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    • 2016
  • Background In an increasing number of lawsuits doctors lose, despite providing preoperative patient education, because of failure to prove informed consent. We analyzed judicial precedents associated with insufficient informed consent to identify judicial factors and trends related to aesthetic surgery medical litigation. Methods We collected data from civil trials between 1995 and 2015 that were related to aesthetic surgery and resulted in findings of insufficient informed consent. Based on these data, we analyzed the lawsuits, including the distribution of surgeries, dissatisfactions, litigation expenses, and relationship to informed consent. Results Cases were found involving the following types of surgery: facial rejuvenation (38 cases), facial contouring surgery (27 cases), mammoplasty (16 cases), blepharoplasty (29 cases), rhinoplasty (21 cases), body-contouring surgery (15 cases), and breast reconstruction (2 cases). Common reasons for postoperative dissatisfaction were deformities (22%), scars (17%), asymmetry (14%), and infections (6%). Most of the malpractice lawsuits occurred in Seoul (population 10 million people; 54% of total plastic surgeons) and in primary-level local clinics (113 cases, 82.5%). In cases in which only invalid informed consent was recognized, the average amount of consolation money was KRW 9,107,143 (USD 8438). In cases in which both violation of non-malfeasance and invalid informed consent were recognized, the average amount of consolation money was KRW 12,741,857 (USD 11,806), corresponding to 38.6% of the amount of the judgment. Conclusions Surgeons should pay special attention to obtaining informed consent, because it is a double-edged sword; it has clinical purposes for doctors and patients but may also be a litigation strategy for lawyers.

A Concept Analysis of the Caretaking Behavior for Children (양육행동 개념 분석)

  • Kim Soon-Goo
    • Child Health Nursing Research
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    • v.8 no.4
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    • pp.414-421
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    • 2002
  • The purpose of this study is to analyze the concept of caretaking behavior for children. This study adopts the methode of Walker and Avant in analysis. Based on the results of the study, the attributes, precedents, and consequences of caretaking behavior for children are follows ; 1. The affirmative attributes of caretaking behavior are affection binding, nutritional guidance, education, caring, protection moral training and acquisition of parents' role. The negative attributes of caretaking behavior are inconsistent moral training, incapability of affection binding and overprotection. 2. The precedent of caretaking behavior are postpartum contact with their babies, cognizance capacity of child-caretaking, economic support, level of preparation for child-caretaking and self-consciousness as parents. 3. The affirmative consequences of caretaking behavior are promotion of child growth and development, formation of maternal-infantile attachment, development of children sociality, satisfaction of parental role and reinforcement of relationship between the members of family. The negative consequences of caretaking behavior are burden and conflict to parental role, children's illness, role conflict and role stress among the members of the family and family breaking up.

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The Education Model of Liberal Arts to Improve the Artificial Intelligence Literacy Competency of Undergraduate Students (대학생의 AI 리터러시 역량 신장을 위한 교양 교육 모델)

  • Park, Youn-Soo;Yi, Yumi
    • Journal of The Korean Association of Information Education
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    • v.25 no.2
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    • pp.423-436
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    • 2021
  • In the future, artificial intelligence (AI) technology is expected to become a general-purpose technology (GPT), and it is predicted that AI competency will become an essential competency. Several nations around the world are fostering experts in the field of AI to achieve technological proficiency while working to develop the necessary infrastructure and educational environment. In this study, we investigated the status of software education at the liberal arts level at 31 universities in Seoul, along with precedents from domestic and foreign AI education research. Based on this, we concluded that an AI literacy education model is needed to link software education at the liberal arts level with professional AI education. And we classified 20 AI-related lectures released in the KOCW according to the AI literacy competencies required; based on the results of this classification, we propose a model for AI literacy education in the liberal arts for undergraduate students. The proposed AI literacy education model may be considered as AI·SW convergence to experience AI along with literacy in the humanities, deviating from the existing theoretical and computer-science-based approach. We expect that our proposed AI literacy education model can contribute to the proliferation of AI.

Analysis of court rulings on involuntary manslaughter or at-fault injury due to professional negligence by pediatric nurses: a systematic content analysis study

  • Song, Sung Sook;Kim, Eun Joo
    • Child Health Nursing Research
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    • v.28 no.2
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    • pp.91-102
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    • 2022
  • Purpose: This study systematically analyzed cases in South Korea wherein nurses were prosecuted for involuntary manslaughter or injury due to professional negligence in pediatric care. Methods: We analyzed the precedents using the methodology of Hall and Wright (2008) and Austin (2010). Of the 618 cases retrieved from the Supreme Court Decisions Retrieval System in South Korea, we selected the 12 cases in which children were the victims and nurses were the defendants, using a case screening methodology. Results: The most frequent penalty was a fine, and newborns were the most frequent victims. The distribution of cases according to Austin's violation categories was: improper administration of medications (n=5), failure to monitor for and report deterioration (n=4), ineffective communication (n=4), failure to delegate responsibly (n=4), failure to know and follow facility policies and procedures (n=1), and improper use of equipment (n=1). Conclusion: To ensure the safety of children, nurses are required to teach and practice a high standard of care. Nursing education programs must improve nurses' awareness of their legal obligations. Nursing organizations and leaders should also work towards enacting effective nursing laws and ensuring that nurses are aware of their legal rights and responsibilities.

A Teleological Interpretation of a Doctor's "Guidance" for Physical Therapist (물리치료사에 대한 의사의 "지도"의 목적론적 해석)

  • Lee, Ju-Il
    • Journal of the Korean Society of Physical Medicine
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    • v.13 no.2
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    • pp.147-156
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    • 2018
  • PURPOSE: The law pertaining to medical service technologists does not discuss the scope and limits of doctors' guidelines. My paper aims to discuss these topics. METHODS: This study was based on a review of literature and an analysis of judicial precedents. RESULTS: Physical therapists have often noted the need for independent practitioners in their articles on health care. Their continued discussions on professional and educational differences have centered round this issue, but their ideas have not been accepted. Practitioners have continued to interpret doctors' guidelines in hospitals without discussing their scope. However, the Supreme Court presented a meaningful decision outlining the conceptual limits and the scope of medical practice. The court suggested, basing its interpretation in the goal of clarifying the concept of medical activities smoothly, was to follow a specific judgment on the levels of education, testing, and professionalism. CONCLUSION: The role of physical therapists is expanding in this country, in order to meet the needs of the ultra-aged society. Education is already responding to rising training needs. By dividing the doctors' guidelines into indirect and direct types, if there's no medical risk near or around the health center or hospital, it is a good idea to allow the management of physical therapy partially, while understanding the scope and limitations of these guidelines clearly. A teleological interpretation of the law is especially relevant, and can be implemented immediately by the authoritative interpretation on part of the health authorities without any legal amendments.

Structure and expression of legal principles for artificial intelligence lawyers (인공지능 변호사를 위한 법리의 구조화와 그 표현)

  • Park, Bongcheol
    • Journal of the International Relations & Interdisciplinary Education
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    • v.1 no.1
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    • pp.61-79
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    • 2021
  • In order to implement an artificial intelligence lawyer, this study looked at how to structure legal principles, and then gave specific examples of how structured legal principles can be expressed in predicate logic. While previous studies suggested a method of introducing predicate logic for the reasoning engine of artificial intelligence lawyers, this study focused on the method of expressing legal principles with predicate logic based on the structural appearance of legal principles. Jurisprudence was limited to the content of articles and precedents, and the vertical hierarchy leading to 'law facts - legal requirements - legal effect' and the horizontal hierarchy leading to 'legal effect - defense - defense' were examined. In addition, legal facts were classified and explained that most of the legal facts can be usually expressed in unary or binary predicates. In future research, we plan to program the legal principle expressed in predicate logic and realize an inference engine for artificial intelligence lawyers.

A study of dental assistance in dental care (치과의료 영역에서 진료보조에 대한 고찰)

  • Jung, Jae-Yeon;Kang, Boo-Wol;Kang, Bo-Ram;Kim, Soo-Hwa;Hwang, Yoon-Sook;Han, Su-Jin
    • Journal of Korean society of Dental Hygiene
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    • v.19 no.6
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    • pp.875-890
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    • 2019
  • Objectives: This study aims to establish the concept of "dental assistance" within the dental field and to identify the scope of dental assistance, which can be utilized in order to distinguish the scope of work between jobs. Methods: The literature on dental hygienist work and dental assistance was reviewed, and the laws and precedents related to dental assistance were examined. Results: The criteria for judging the legitimacy of dental assistance included the following: whether the performance was conducted under the guidance and supervision of a doctor; whether there was a possibility of an aftereffect or side effects of the procedure; whether education was conducted within the curriculum; and whether it was evaluated in the national licensing examination. In addition, the work of the assistant in dental surgery and treatment is judged comprehensively by considering the type of dental surgery and treatment, invasive degree, necessity of expertise, and work proficiency of the dental hygienist. Therefore, it is suggested that dental hygienists may be of assistance for dental treatment/surgery because they meet the requirements of dental professionals, such as dental hygiene curriculum, national licensing examination, duties in the field of dentistry, and work proficiency. Conclusions: Dental assistance (including assistance in dental surgery) for dental treatment, dental/medical history taking, taking vital signs, and blood glucose monitoring should be permitted within the realm of dental hygienist work. Therefore, the actual expertise of dental hygienists should be reflected legally and the work of dental hygienists should be realized.

An Analysis of Relative Priorities for the Improvement of the Cultural Welfare Workers System (문화복지사 제도 활성화를 위한 상대적 우선순위 분석)

  • Kwon, Ki-Chang
    • The Journal of the Korea Contents Association
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    • v.16 no.9
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    • pp.149-159
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    • 2016
  • As a way to improve the quality of life following the increase of the national income, the importance of cultural welfare has been magnified. To actively cope with such a situation of the times, the government has operated the cultural welfare workers system; however, the reality today includes many problems such as lack of reliability and professionalism in the system. Thus, this thesis has as an objective to extract priorities for the improvement of the cultural welfare workers system through analyses of precedents, investigations by professionals and related systems, and to propose measures of improvement. The priorities, in case of higher levels, are in the order of: utilization of manpower, educational curriculum and test subjects, methods of license acquisition and training institution. In order for the cultural welfare workers system to be efficiently operated based on the priorities, the existing system needs to offer state-certified licenses and provide workers with institutional strategies for refresher education and utilization of manpower.

Religious Freedom and Religious Education in Protestant Mission School in Recent Korea: with Special Reference to Proselytism (한국 개신교사학의 종교교육 공간에 나타난 종교자유 논쟁: 개종주의와의 관련을 중심으로)

  • Lee, Jin Gu
    • The Critical Review of Religion and Culture
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    • no.29
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    • pp.134-167
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    • 2016
  • This paper aims at exploring the characteristics and meanings of religious freedom controversy surrounding religious education, with special reference to proselytism, in protestant mission school in recent Korea. Most of protestant mission schools have been providing students compulsory religion class and chapel service in the name of religious education. According to the school authorities, religious education should be provided for the realization of founding philosophy, and they say that mission school has the right to religious education. On the contrary, many non-christian students argue that their religious liberty is seriously violated by required religious education especially compulsory chapel worship. So serious conflicts broke between mission school authorities and students. Supreme Court decided that Soongsil University has the right to maintain compulsory chapel service, ruling that Daegwang High School should not maintain required chapel worship. It seems that Supreme Court gave different decisions to high school and university respectively, considering the differences between high school and university in application for admission to a school, students' critical consciousness, school's autonomous rights, etc. However, these precedents are being challenged by many peoples and groups. There are three agents which are involved in religious freedom controversy in mission school. The first are mission school authorities supported by religious groups, the second government supported by political parties, and the third mission school students guided by NGO. Among them protestant groups are playing the major role in making religious freedom problems in mission school. Protestant groups try to convert mission school students to protestantism by compulsory chapel service and religion class. Such a protestant proselytism becomes a cause of oppressing students' human rights and religious liberty. In this situation government has a responsibility to protect the students' rights to religious freedom. But government seldom impose sanctions on the protestant mission schools' compulsory programs. The reason why government does not restrict mission school's unlawful religious education is because protestant groups have strong influence in voting. Eventually civil movements organizations involved in religious freedom controversy for the sake of students's human rights. In conclusion, the assailment is protestant proselytism, the accessory is government, the victim is students in the religious education in mission school in recent Korea.

Comparison of Medical Technician Organization's Position on the Medical Technician Act and Foreign Cases (의료기사법에 대한 의료기사단체의 입장 및 외국사례 비교)

  • Kim, Jae-Seok;Jeon, Min-Chul;Kim, Seong-Ho;Lee, Won-Jeong
    • Journal of the Korean Society of Radiology
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    • v.15 no.5
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    • pp.761-770
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    • 2021
  • In order to establish an independent relationship between occupations in accordance with the abuse of doctor's orders and employment, the position of each physician and medical technician group, and the education system and laws of Japan, the United States, and England To promote the improvement of public health. The main differences in positions among related interest groups were analyzed, and the proposals and precedents of the National Assembly laws that were initiated after 1963 were analyzed and compared with the laws of developed countries. Among the OECD member countries, 26 countries except Korea have enacted a single law for medical technicians, and the meaning of instructions and supervision differs from country to country. The Medical Technician Act, etc., is inappropriate to apply the current and situation of the times as the laws of the 20th century to represent all the laws of the eight medical technicians. It is thought that a change in the word of direction and supervision under the control of the company is inevitable from a future-oriented horizontal perspective.