• Title/Summary/Keyword: improved legislative measures

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Integration Approach Environment and Health through Introduce to Health Impact Assessment (보건영향평가제도도입을 통한 보건과 환경의 통합적 접근방안 연구)

  • Kim Im-Soon;Han Sang-Wook;Kim Yoon-Shin;Kim Dae-Seon;Moon Jung-Suk;Lee Cheol-Min
    • Journal of environmental and Sanitary engineering
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    • v.19 no.4 s.54
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    • pp.34-47
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    • 2004
  • Although Environmental Impact Assessment(EIA) in Korea has been improved markedly over the past two decades, by enlarging the range of projects for assessment, instituting pub lic participation and environmental monitoring, and similar measures, it remains deficient in its coverage of human health in Environmental Impact Statements(EISs). Health Impact Assessment(HIA) can supply the necessary correctives. HIA is a combination of procedures, methods and tools by which a policy, programme, projects or legislative procedure may be judged for its potential effects on the health of a population, and the distribution of these effects within it. The principle of health protection is, however, established as a primary concern in EIA processes, in practice health is scarcely mentioned or the discussion is limited to a description of effects through the biophysical environment. The whole range of possible effects on health, including those mediated by socio-economic factors is often ignored, and no effective mechanism are in place to successfully incorporating health criteria and expertise into environmental, assessment(EA) that include ElA, SEA. These are foremost among the current issues facing EIA in Korea.

Legislative Study on the Mitigation of the Burden of Proof in Hospital Infection Cases - Focusing on the revised Bürgerliches Gesetzbuch - (병원감염 사건에서 증명책임 완화에 관한 입법적 고찰 - 개정 독일민법을 중심으로 -)

  • Yoo, Hyun Jung
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.159-193
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    • 2015
  • Owing to causes such as population aging, increased use of various medical devices, long-term hospitalization of various patients with reduced immune function such as cancer, diabetes, and organ transplant patients, and the growing size of hospitals, hospital infections are continuing to increase. As seen in the MERS crisis of 2015, hospital infections have become a social and national problem. In order to prevent damage due to such hospital infections, it is necessary to first strictly implement measures to prevent hospital infections, while, on the other hand, providing proper relief of damage suffered due to hospital infections. However, the mainstream attitude of judicial precedents relating to hospital infection cases has been judged to in fact shift responsibility over damages due to hospital infections on the patient. In light of the philosophy of the damage compensation system, whose guiding principle if the fair and proper apportionment of damages, there is a need to seek means of drastically relaxing the burden of proof on the patient's side relative to conventional legal principles for relaxing the burden of proof, or the theory of de facto estimation. In relation to such need, the German civil code (Burgerliches Gesetzbuch), which defines contracts of medical treatment as typical contracts under the civil code, and has presumption of negligence provisions stipulating that, in cases such as hospital infections which were completely under the control of the medical care providers, if risks in general medical treatment have been realized which cause violations of the life, body, or health of patients, error on the part of the person providing medical care is presumed, was examined. Contracts of medical treatment are entered into very frequently and broadly in the everyday lives of the general public, with various disputes owing thereto arising. Therefore, it is necessary to, by defining contracts of medical treatment as typical contracts under the civil code, regulate the content of said contracts, as well as the proof of burden when disputes arise. If stipulations in the civil code are premature as of yet, an option may be to regulate through a special act, as is the case with France. In the case of hospital infection cases, it is thought that 'legal presumption of negligence' relating to 'negligence in the occurrence of hospital infections,' which will create a state close to equality of arms, will aid the resolution of the realistic issue of the de facto impossibility of remedying damages occurring due to negligence in the process of occurrence of hospital infections. Also, even if negligence is presumed by law, as the patient side is burdened with proving the causal relationships, such drastic confusion as would occur if the medical care provider side is found fully liable if a hospital infection occurs may be avoided. It is thought that, alongside such efforts, social insurance policy must be improved so as to cover the expenses of medical institutions having strictly implemented efforts to prevent hospital infections in the event that they have suffered damages due to a hospital infection accident, and that close future research and examination into this matter will be required.

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