• 의료법학
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• 제8권2호
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• pp.205-290
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• 2007

In Korea, abortion in the Criminal Law is an illegal act in exception of limited cases stated in the Mother and the Child Health Law. There are grounds on which abortion may be carried out - though the grounds are very limited and related such as emergency situation of woman's physical health, rape, incest and genetic diseases. The Criminal Law regulates the mother's act of abortion and the doctor's surgical performance of abortion. The Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. Many people tend to abuse of abortion even though they are fully aware of its illegality. The law lead to be inconsistent with its enforcement. In this paper, I would like to suggest some proposals about the legal analysis of the Abortion Regulations to reform the existing regulations and increase the effectiveness of the regulations. A national survey was carried out using telephone interview with Korean citizens from August 1th to August 31th in 2005. A total of 1,025 citizens (male: female = 49.2%:50.8%) were randomly sampled in proportion to the number of population of 17 regions. The major findings of this survey were as follows. First, 91.4% of the respondents approved of abortion based on the medical grounds. Second 83.3% of the respondents perceived that abortion may be carried out based on ethical grounds for example rape. Third, 74.3% were agreed to abortion based on genetic diseases. Forth, 64.7% were approved the abortion that unmarried woman may be carried out. In contrast 45.0% were approved the abortion that girls may be carried out, whereas 46.4% were perceived that the abortion may not be permitted. Fifth, 58.3% were disagreed the permission of abortion based on social and economic grounds. According to the survey Korean citizens seem to have positive perception on the abortion that may be carried out based on medical, ethical and genetic grounds. Whereas they worried about the abortion based on social and economic grounds. Now the Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. But this law does not include social and economic grounds. In cases of when the mother has a impossibility to breed her child because of her social situations and financial conditions, we should accepted the legal acceptance of abortion due to social and economic grounds.

• Journal of Preventive Medicine and Public Health
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• 제29권1호
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• pp.51-65
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• 1996

The purpose of this study was to examine the trends of length of hospital stay (LOS), which is most likely to be a major attribute to hospital performance. From 1984 to 1994, an average LOS of each hospital was analyzed by factors such as medical departments, bed size, occupancy rate, region and ownership. This study was analyzed changing rate of LOS during 11 years. This rate was calculated by simple regression, which was used only with hospital without missing data during 11 years. This study findings are as follows. 1. The results indicated that the average LOS was steadily increased until 1990 but it was slightly decreased after 1990. 2. This trend could be found in all hospital scale and all group of occupancy rate. Specifically this trends of LOS were found in internal medicine, corporate owned hospitals, and hospitals in major city. But LOS of individual owned hospital was continuously increased until 1994. 3. Means of changing rates of LOS were calculated from 1984 to 1994. If we devided it into two parts, before 1990 and after 1990, most changing rates of LOS before 1990 except individual owned hospital were found positive sign. The changing rates after 1990 were negative sign but small hospital(lesser then 200 bed), individual owned hospital, national & public hospital and hospital in small urban have little change of LOS after 1990. Finally from this results we thought that most hospitals in Korea began to be concerned with LOS. Nevertheless LOS of several hospital such as small hospital or individual owned hospital was increased. And this trend may be caused by a few patients, low occupancy rate, or low profit. This trend of LOS is different from that of other countries. Perhaps this phenomenon is resulted from the reimbursement method. Because of fee for service reimbursement system in Korea the hospitals didn't need to shorten LOS in order to save the cost and increase the profit. Therefore reform of hospital cost reimbursement method will be needed to reduce hospital cost in Korea. We thought that the Korean health authority should consider the reimbursement method by unit of bundle of services, for example DRG and prepayment in the United States. This study presents some limitations such as no insight of severity of disease, case-mix measurement of hospital, and other clinical characteristics that can. possibly affect LOS. However, this study reports an important trend in LOS from 1984 to 1994.

• 한국직업건강간호학회지
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• 제8권2호
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• pp.193-211
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• 1999

This study was carried out to investigate the management and support system affecting to the occupational health nursing services(OHNS) provided in group occupational health agencies(GOHA). Questionnaire was developed and distributed to 82 nurses who were working in GOHA and who agreed to participate in the survey. The results were as follow: 1. OH nurses responded were mostly in the age of twenty to thirties(89%), married(73.7%), technical college graduates(88.9%), worked in hospital(85.4%) and participated more than 1 year in group occupational health services (96.3%). 2. Fifty eight point four percent of the OH nurses worked in number of workplace more than 30 to less than 60 in the OHNS form. The figure of workplaces undertaken by nurses was ranged greatly from 9 to more than 100. Number of employees who cared by nurses were mostly under 5,000 peoples in 93.3%. The types of industry was mostly manufacturing and located in the order of factory complex area, suburban, urban and others. 3. Most OH nurses(87.8%) were fully involved in the OHNS for the SSE. Their working days to visit SSE was 5 days per week(77.8%) and one day in the GOHA at 41.3%. 4. The OH documents using by nurses were found in more than 23 different types. However, they were largely summarized in the types of 'Workplace Health Management Card', 'Personal Health Counselling Card', 'Daily Health Management Report', 'Visiting List of Workplace' and 'Sick Employee List'. 5. The items of laboratory test provided by GOHA were mostly achieved in the purpose of basic health examination. They were used to be the blood pressure check(98.8%), blood sugar test (98.8%), urine sugar and protein(91.4%), SGOT and SGPT(85.3% each), cholesterol (82.9%), hepa vaccine immunization(82.9%), r-GPT(81.7%), hemoglobin(79.3%) and triglyceride(75.5%). 6. The OH nurses(92.7%) followed the work pattern to visit the GOHA before and after small-scale enterprises(SSE) visit by car driven by nurses in 74.3%. They were payed by GOHA for transportation fees in certain amounts. However, nurse is the main person(75.0%) who covers up in case of traffic accident. If the GOHA has no transportation regulation for the formal workplace visit, data showed that nurses had been responsible to take charge(31.7%). 7. The personnel manager who takes in charge for nursing services was 'nurse' in 61.7% and 41.2% worked as the final decision maker related to nursing work. The OH nurses' opinions about factors affecting to the management were classified in the four areas such as 'Nature(Quality) of health professional'. 'Content of OHNS', 'Delivery system of the GOHS', and 'Others'. The factors were indicated highly in 'Authority as health professional', 'Level of perception of director on the OH' and 'Physical work condition for OHNS'. The things that this study suggests in the recommendation would be summarized in such as the management and supporting system working for SSE in the OHNS is necessary to reform thoroughly. The reconsidered aspects might be in the matters of number of workplaces undertaken by nurses, development of effectively practical health documents, preparation for guideline of the laboratory test in the workpleces, establishment of convenient and encouraging support system and cooperation between other health professionals with respect and skill.

• 여성건강간호학회지
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• 제8권1호
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• pp.20-33
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• 2002

The purpose of this study is to afford basic data for planning a program to strategically prevent adolescent sexual violence by clarifying the concept of sexual violence in adolescence and investigating factors influencing the adolescent attitudes towards sexual violence. Subjects of the study were 288 adolescents between the ages of 14 to 21, living in K city in Chungnam Province. The data was collected for this study between May 30 and June 13, 2001. For this study, the following materials were used as instruments: the types of attitudes toward sexual violence developed by Nam, S. Y.(2000), the antisocial personality by Min, B. K., Choi, S. J., & Lee, G. H.(1978), the self-esteem developed by Rosenberg(1965) and interpreted by Jeon, B. J.(1974), the family support developed by Cobb(1976), the stereotyped sex role and the attitude on sexuality by Kim, E. J.(1997). The data was analyzed, using SPSS 7.5 for Windows Program, descriptive statistics, t-test, ANOVA, and discriminant analysis. The results of this study were as follows: 1. Adolescents of the first type, ones blaming social morals, amounted to 34.7%(100 subjects), the second type, ones blaming the victims, amounted to 22.3%(64 subjects), the third type, ones claiming reform of consciousness, amounted to 25.3%(73 subjects), and the fourth type, ones coping actively, amounted to 17.7%(51 subjects). 2. Attitudes toward sexual violence were influenced a great deal by the sex of the subject. 3. The study revealed that various types of the attitudes toward sexual violence was significantly different from one another, related to antisocial personality(F=2.80, P=.04). Especially the first type and the third type were most different from each other. The latter showed the antisocial personality strongly, compared with the former. 4. Discriminant analysis revealed that the most powerful predictors of attitudes toward sexual violence were the sex of the subject and whether or not they had an antisocial personality. 5. The degree of possibility of identifying a risk group of adolescents was 45.9% and the possibility of identifying a non-risk group was 73.3%. The hit ratio was 67.8%. In conclusion, the results of the study lead us to understand the type of adolescent attitudes toward sexual violence. The results will be useful to furnish a guideline for nursing intervention and education programs to prevent sexual violence in adolescence.

• 한국산업보건학회지
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• 제9권1호
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• pp.125-155
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• 1999

The objectives of this study were (1) an investigation of the current status of the hazardous substances, (2) a comparative analysis of classification system of hazardous substances between Korea and other countries, (3) a development of the new classification system in Korea, finally a review of prerequisites for effective enforcement of the new system. The results are summarized as follows : 1) The backbone of classification system of hazardous substances in Korea is based on Japanese classification system and EC(European Committee) guideline of hazardous substance. There are many problems in managing and handling of hazardous substances due to discordant of Japanese and EC system. It is desirable to revise the classification system to be harmonized with international guideline for example, guideline of IFCS(The Inter-governmental Forum on Chemical Safety) and EC guideline. 2) There are several problems in definitions of corrosive, sensitizing and irritation in MSDS Code of Ministry of Labour. It is desirable to reform those definitions. 3) Among the hazardous substances under the current system, there are several substances such as, beta-propiolactone, methyl bromide, ethyleneimine, etc that are not used and produced in Korea. It is desirable to exclude the substances from the list of controlled substances. 4) The section 39, about 'substance that designated to attach warning label' in Korea Occupational Safety and Health Act(OSHAct) should be eliminated, because above section is unnecessary under the MSDS system. 5) The researchers recommend to establish a new list of hazardous substance which are controlled by OSHAct. It is desirable that the new list is consist of two types. The first type is 'a list of the specially controlled substances' and the other is 'the generally controlled substances'. 6) It is recommended that the specially controlled substances should include hazardous substances that are highly toxic and widely used in Korea. And the generally controlled substances should include hazardous substances that can be analysed by instrument and carry threshold. limit values(TLV's).

• 한국보건간호학회지
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• 제8권2호
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• pp.101-113
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• 1994

Maternity means all the women who are capable to conceive. In the aspect of health and medical care. however. it means the women who are now in pregnancy or have already given birth to a baby or are in a period of being recoverd from physiological changes occurred by pregnancy. According to the rapidly changing social structure. both the Quality and Quantity of the capacity of childbirth experienced by women are changing. Our society. having established a great economical growth by virtue of the highly developing and growing industrialization and urbanization. stimulates the women's advance into society and thereby increasing the number of employed women. When the women's participation in society is increased. their age of marriage is also affected. Which means there are a decrease of the capacity of childbirth in terms of quantity and a trend for women to have less children and to deliver a baby in their old age in terms of quality. On the contrary. since the number of multipara who want to have a baby in their old age is increasing. as a counter functional effect to the political project of decrease of a birth rate. concern has been focussed on childbirth in old age in the present study. And also such kind of the childbirth may be danger to the health of both mother and baby. Therefore the present study intended to provide some basic data of health education in the part of the health management of both mother and baby in the general hospital. based on understanding the realities of childbirth in. old age and things related to them. To achieve such a purpose of the present study. an analytical study by means of SPSS. was done using the data of 269 clinical records on both the newborn .babies and their mothers who had been supported by public general hospitals located in Seoul for 3 years from Jan. 1. 1991 to Dec. 31. 1993. Some significant results from the analytic study are as follows: 1. It appeared that the average age of normal. natural delivery was 33.8 years old and the average age of delivery through the cesarean operation was 35.4 years old. 2. It appeared that danger factors to childbirth women were types of the delivery and placental extrusion and danger factors to newborn babies are not so outstanding. 3. It appeared that the variables of the childbirth capacity which showed a significant difference according to each age group of women were the number of pregnancy. number of still birth, and number of existing children. That is. the age group of 'more than 35 years' had more frequency of experience In all 3 variables than the age group of 'less than 35 years'. 4. It appeared that the variables of the childbrith capacity which showed a significant difference a according to the sex of a newborn baby were number of pregnancy, number of still birth, and number of existing children. That is, the age group of 'more than 35 years' had more frequency of experience in all 3 variables than the age group of 'less than 35 years'. 5. It appeared that the health index of newborn babies which showed a significant difference was only 5 minute APGAR. That is, the health index 9.46 in the age group of 'more than 35 years' was less than an index of 9.72 in the age group of 'less than 35 years'. 6. Since a counter correlation of -0.10, as Pearson Correlation Coefficient, was showed between the age of childbirth mothers and the weight of newborn babies, it indicated that the higher age of childbirth woman, the lesser the weight of newborn baby. 7. It appeared that the number of women who had confirmed the sex of their baby before their delivery were 45 women, $67.2\%$ of total 67 women who had delivered a baby. and the expected sex by women in childbed was male with $73.1\%$ of total childbirth women expecting male birth and with their expression of feeling of female delivery. very regretful' by $39.3\%$ of total childbirth women. The results as shown above may indicate that instead of the possibility of danger to both the mother delivering a baby in old age and the baby delivered, the expectation of getting a son motivates childbirth in old age. As a conclusion, in a dimension of general hospital as well as national reform. it is required that a program of health education for childbirth in late maternal age have to be developed in the part of the health management of both mother and baby in the near future.

• 의료법학
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• 제24권3호
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• pp.155-206
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• 2023

의사결정능력이 저하된 자가 필요한 의료서비스를 거부하거나 적절히 의사를 표현하지 못하는 경우, 외부로부터의 후견주의적·예방적 개입이 언제 정당화될 수 있는지에 대한 규범적 판단이 쟁점이 된다. 이러한 어려움은 정신의료에서의 비자의 입원의 경우 더욱 명확하게 드러나며, 국내에서는 전통적으로 '정신질환의 존재'와 '자타해 위험'을 주된 요건으로 하는 정신건강복지법에 근거하여 비자의 입원을 시행해 왔다. 그러나 2011년 민법 개정으로 민법상 후견제도를 통한 비자의 입원의 방식이 새롭게 도입되며, 국내의 비자의 입원은 형식상 이원화된 체계를 갖추게 되었다. 이때, 후견제도를 통한 비자의 입원은 당사자에게 '의사결정능력의 저하'가 있고, 개입이 '당사자의 복리 증진'에 부합할 것을 실행의 요건으로 한다는 점에서 정신건강복지법에 근거한 비자의 입원과 그 목적과 성질을 달리한다. 정신적 능력이 저하된 당사자에 대한 비자의 입원이 이처럼 정신보건법을 통한 방식과 후견제도를 통한 방식으로 이원화되는 양상은 해외에서도 유사한 양상으로 전개되었다. 그러나 대상자가 고령화되어 정신질환과 신체질환의 치료가 동시에 이루어지는 경우가 많아지고 정신질환과 신체질환의 구분이 모호한 노인성 정신질환의 문제가 대두됨에 따라, 민법상 '최선의 이익-대리의사결정' 패러다임과 정신보건법상의 '사회방위-예방적 구금' 패러다임이 정신장애인에 대한 법적 규율 영역에서 중첩되고 서로 충돌하는 현상이 발생하기 시작했다. 해외에서는 이러한 이원화된 체계가 비효율적이고 형평성에도 어긋난다는 지적이 이어졌으며, 나아가 '정신질환'이 있을 것을 근거로 하여 후견주의적·예방적 개입을 정당화하는 정신보건 법제의 비자의 입원 요건은 정신장애인에 대한 부당한 차별에 해당한다는 비판도 꾸준히 이루어졌다. 이에 해외에서는 '의사능력'을 기초로 후견제도와 정신보건 법제를 융합(fusion)하여, 능력이 저하된 개인에 대한 후견적·예방적 개입을 일관되게 규율하고자 하는 시도가 이루어졌다. 이는 의사능력 저하자의 신체질환과 정신질환에 대한 의료서비스 제공을 동일한 체계 속에서 할 수 있을 뿐만 아니라, 단지 '정신장애'를 지니고 있다는 것만으로 차별적으로 대우하는 정신보건법의 한계를 극복하는 것이기도 했다. 본 연구에서는 의사능력을 기반으로 후견제도와 정신보건법을 융합(fusion)하여 정신의료 서비스 체계를 새롭게 재구성한 전 세계 최초의 사례인 영국 북아일랜드 정신능력법(Mental Capacity Act 2016)의 제정 과정과 구체적 작동방식을 분석하였다. 후견제도와 정신보건 간의 충돌의 문제를 1990년대부터 고민하여 최근 2016년 '의사능력' 이라는 단일하고 비차별적인 기준을 제시한 영국 북아일랜드의 사례를 분석함으로써, 국내 후견 및 정신보건 제도에의 함의와 앞으로 나아가야 할 방향에 대해 제언하고자 하였다.

• 농촌의학ㆍ지역보건
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• 제42권1호
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• pp.13-23
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• 2017

이 연구는 장항제련소 주변 지역 주민들을 대상으로 중금속 노출에 의한 인체영향을 파악하기 위해 수행된 환경역학조사 결과 중 혈중 중금속 농도와 혈압 사이의 관계를 평가하기 위해 수행되었다. 이 연구에는 제련소에서 4km 이내에 거주하는 570명의 30세 이상 성인 남녀가 포함되었으며 남녀별로 혈중 카드뮴, 수은 및 납 농도를 각각 3분위로 나눈 후 군별로 수축기 및 이완기 혈압의 차이를 각각 비교하였다. 또한, 다중회귀분석을 통하여 남녀별로 수축기 및 이완기혈압에 영향을 주는 위험요인으로서의 중금속을 파악하였다. 남자의 경우는 혈중 카드뮴과 수은의 농도별 군에 따라 수축기 혈압 및 이완기 혈압의 평균에 유의한 차이를 보였으나 여자의 경우는 모든 중금속의 3분위 군에서 수축기 및 이온기 혈압의 평균이 유의한 차이를 보이지 않았다. 다중 회귀 분석의 결과에서는 남자의 경우 연령과 체질량 지수 그리고 혈중 카드뮴 농도가 혈압에 영향을 주는 위험요인으로 나타났고, 여자의 경우는 연령과 체질량 지수, 음주 및 흡연, 그리고 혈중 수은이 혈압에 유의한 영향을 주었다. 종합해보면, 장항 제련소 근처에 거주하는 주민들은 일반인구 집단과 비교해 볼 때, 매우 높은 농도의 혈중 카드뮴, 납 수치를 보여 이들은 과거 직업적 또는 환경적으로 고농도의 중금속에 노출된 것으로 판단되며, 이러한 고농도 노출 집단에서의 유해 중금속 노출, 특히 카드뮴과 수은이 혈압 상승에 유의한 영향을 주는 것으로 확인되었다. 따라서 이들을 대상으로 추가적인 중금속 노출을 예방하기 위한 노력과 혈압 및 심뇌혈관질환 발생에 대한 지속적인 모니터링이 이루어져야 할 것으로 판단된다.

• 유기물자원화
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• 제13권1호
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• pp.90-99
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• 2005

본 연구는 음식물류폐기물 발생에 관한 춘천시민의 의식을 조사하고자 하였다. 조사결과 춘천시민의 약 50%가 일주일에 $5{\sim}10{\ell}$의 생활폐기물을 배출하고 있었으며 배출자 대부분이 35세이하였다. 또한, 일주일간 가정에서 배출되는 생활폐기물 중 음식물류폐기물 비율이 10~30%이었고, 배출형태로는 '물기제거 후 규격봉투에 담아 배출한다'가 약 30%, '물기제거 후 일반쓰레기와 함께 배출한다'가 약 10%이었다. 음식물류폐기물의 발생은 필요이상의 식품구매와 과량의 조리가 주된 요인이었으며 집주변이나 골목에 버려진 음식물류폐기물로 인한 가장 심각한 문제점은 악취 및 해충인 것으로 나타났다. 음식물류폐기물의 감량을 위한 중점관리대상은 주로 소규모 개인음식점으로 나타났다. 춘천시민들은 음식물류폐기물 감량을 위해 노력해야 할 주체로 응답자의 절반이상이 '시민 개개인'이라 생각하면서도 '감량을 위한 노력은 하지 않고 있다'고 응답하였다. 또한, 춘천시민들은 '음식물류폐기물이 자원이라는 의식'이 부족하였고 '음식물을 남기는 것이 예의'라고 생각하는 시민들이 많아 이에 대한 개선책이 필요한 것으로 나타났다.

• 의료법학
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• 제7권2호
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• pp.311-330
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• 2006

As issues of education, employment and so on, the medical issue is one of the hot spots of society in China today. The health system reform which was pushed ahead after China's Revolution and open to the outside world hasn't received great progress. Many actual problems haven't been solved, for example it is difficult and expensive to see a doctor. With the development of the economy and society, the citizen's legal consciousness has gradually risen. They make a claim for better medical service. At the same time, the number of the disputes of medical care arises annually. China has sped up the opening of service trade for fulfilling promises of entry the WTO since 2001. China has already opened many service trade fields, including medical field. From the domestic perspective, there are many problems in domestic medical department. From the international perspective, China's present medical level falls behind the world advanced medical level. Under this background, it is a bold act for China to open the medical service field to foreign investors. Today, a huge medical service market is developed in China. However, the government's investment to medical devices and the financing channels is limited. Therefore, it is inevitable that individuals, social organizations and foreign investors invest to the medical market. In view of the situation, Chinese government issued a series of relevant laws and rules. In recent years, many multinational companies, consortiums, charitable institutions, enterprises and individuals establish various medical institutions in China. But there are rare research in the actuality and legal subject of foreign investment to Chinese medical market. Hence, it is necessary to realize the actuality of foreign investment to Chinese medical market, to familiar with the elements and procedure of establishing foreign joint and cooperative medical institution. Meanwhile, analyzing the existing problems and posing the legal subject have important theoretic and practical value.