• Proceedings of the Korean Society of Computer Information Conference
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• 2023.07a
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• pp.317-319
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• 2023

본 논문에서는 변화하는 ICT 기술을 기반으로 의료정보의 빅데이터화를 통해 건강권에 대해 장애인과 비장애인을 중심으로 살펴본다. 전국민 대상의 국가건강검진 중 암 검진에 수검율을 조사하고 여성 장애인의 수검 요인을 분석해 장애인의 건강권 보장이 가능한지 살펴본다. 국가암검진 중 30대 이상 여성을 중심으로 진행되는 자궁경부암 수검 요인을 건강행태적 요인으로 분석한 결과 통계적으로 유의한 차이를 보였다.

• The Korean Society of Law and Medicine
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• v.13 no.1
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• pp.11-40
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• 2012

National Health Insurance Act has been enforced all over the People as part of the effort to assure the minimum constitutional human worth and dignity in the aspect of the right to pursue health for preventing misfortune that comes to death without even a chance to be received treatment for illness or injury. Meanwhile auto insurance is compulsory in certain parts in order to promote benefits of everyday life and the rapid recovery of the damage caused by traffic accident when one have negligently driven a car which has become the necessities in daily life. Any injured driver in a traffic accident can be treated by National Health Insurance without getting an auto insurance in various circumstances, but Article 3 paragraph 2 of Traffic Accident Act don't allow exception of criminal punishment when he has driven a car without license, drunken, or tresspassing the centerline, etc. When the injury occured by his own certain negligence is judged to 'when he has intentionally or through gross negligence caused a criminal conduct or intentionally contributed to the occurrence of an accident' of National Health Insurance Act, insurance benefits can be restricted. Such a restriction could harm the right to pursue happiness and health of People by depriving the poor, who cannot afford to pay, of chances to get treatment. Here we will see benefit restriction by 'gross negligence' of National Health Insurance Act Article 48 paragraph 1, which has largest portion of such restriction. It is desirable to delete 'gross negligence' clause from above paragraph and to interpret 'when' clause restrictively for diminishing confusion of interpreting and guaranteeing the right of health.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.8 no.1
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• pp.155-161
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• 1998

This study reviewed on the occupational health status of female workers in China, where the half of female population are workers in occupational settings and realizes the importance of occupational health among them, to establish the occupational health management system in Korea as Korean female workers have been increasing for the last few decades. Results of the study were as follows. 1. The proportion of female workers in total workers have increased from 7.5% in 1949 up to 37.6% in 1990. As for the distribution of female workers by industry, manufacturing part has the highest proportion of female workers in total and out of total female workers, the rank was health social welfare (53.2%), community personal service(45.4%) and agriculture forestry fishing(44.1%). 2. The system of occupational health management for female workers was related to superior organization well by administrative district & work place and professionals were distributed to one per ten thousand persons or more, depending on each region's conditions. 3. The regulations of occupational health management for female workers are defined in a variety of fields. Considering the physiological characteristics of female workers, government has tried to minimize the loss due to menstruation, pregnancy, delivery and lactation and has let them have vacations, guaranteeing the health facilities at the same time. Also government has defined the scope of prohibited work to protect legal right of them.

• The Journal of the Korea Contents Association
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• v.21 no.3
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• pp.634-644
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• 2021

Despite the increased social demand for strengthening the punishment for ghost surgery in Korea, the governmental management is very passive compared to other offenses of medical law, and the punishment for ghost surgery is insufficient, so that medical malpractices are continuously occurring. A plastic surgeon who posted the names of clinics performing ghost surgery and the number of deaths on the internet bulletin board, was charged with the violation of the Information Telecommunication Act(defamation). Thus, this study aimed to present the legal/institutional issues and implications of defamation by the release of ghost surgery, by initially examining the charged case after posting the contents showing the death of patients by ghost surgery in clinics on the internet bulletin board. This study aimed to understand how strictly the court approached the ghost surgery in the aspect of public interest, and also to understand the judgment standard of punishment for defamation by investigating the publicly alleging facts and public interest by the disclosure of ghost surgery. Moreover, this study aims to provide the basic data necessary for guaranteeing the national health right by arousing attention to ghost surgery.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.42 no.4
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• pp.581-590
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• 2022

It is important to create a decent pedestrian space in order to realize a public space that can ultimately improve the quality of life based on guaranteeing people's right to move while also enhancing urban activity. The goal of this study is to develop a pedestrian path evaluation system in order to lay the foundation for data construction leading to the creation of such elegant walking space. First, a basic system was established in keeping with factors and the space, and this system was used as the basic framework of the study. The trends identified in the literature can be divided into eight categories, denoted here as: Walking safety policy, Walking focused plan, Recognition transition, Transportaion system, Activity-linked walking, Facility utilization walking, Nature and history linked walking and Content convergence walking. The macro- and micro-indices and factors mentioned in related studies were synthesized and classified, and the basis for universality and differentiation was established by integrating them. Next, according to the basic composition of the walking system, Walking potential and slope safety in the Safety category, Basic walking connectivity and Traffic linkage in the Efficiency category, Walking arrangement and Rest convenience in the Health category, and Resource connectivity and Activity abundance in the Comfortability category macro evaluation system of the eight categories were established and a corresponding measurement method was developed.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.163-207
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• 2020

Korea has been positioned as the leading country in the industry of clinical trials as the clinical trail of Korea has developed for the recent 10 years. Clinical trial has plays a significant role in the development of medicine and the increase of curability. However, it has inevitable risk as the purpose of the clinical trial is to prove the safety and effectiveness of new drugs. Therefore, the clinical trial should be controlled properly to protect the health of the subjects of clinical trial and to ensure that they exercise a right of self-determination. In this context, the fiduciary duties of doctors who conduct clinical trials is especially important. The Pharmaceutical Affairs Act and the relevant regulations define several duties of doctors who conduct clinical trials. In particular, the duty to protection of subjects and the duty to provide information constitute the main fiduciary duties to the subjects. Those are essentially similar to the fiduciary duties of doctors in usual treatment from the perspective of the values promoted by the law and the content of the law. Nonetheless, clinical trials put more emphasis on the duties to provide explanation than in usual treatment. Further research and study are required to establish the concrete standard for the duty of care. However, if the blind pursuit of higher standards for the duty of care or to pass the burden of proof to doctors may result in disrupting the development of clinical trials, limiting the accessibility of patients to new treatment and even violating the principle of sharing damage equally and properly. In addition to these duties, the laws of clinical trials define several duties of doctors. Any decision on whether the violation of the law constitutes the violation of the fiduciary duty and justifies the demand for compensation of damages should be based on whether relevant law aims to protect the safety and benefit of subjects, even if in an incidental way, the degree to which such violation breaches the values promoted by the law and the concrete of violation of benefit of law, the detailed acts of such violation. The legal interests of the subjects can be protected effectively by guaranteeing compliance with those duties and establishing judicial and administrative controls to ensure that the benefit of subjects are protected properly in individual cases.