• Journal of Korean Academy of Nursing Administration
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• v.5 no.1
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• pp.113-136
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• 1999

There are some new trends in judgments concerning medical malpractice. which include emphasis on medical professionals' explanation duty in order to materialize patient's rights of self-determination. Now, patient is not a mere subject of medical and nursing care any more, but a subject, participating in medical practice on equal terms with medical professionals. Legal accountability is no limited to nurses in advanced practice: it is a recognized fact of life for every practicing nurse. whether she is an RN employed as a staff nurse in a hospital, a Certified Nurse-Midwife in independent practice or a patient's home. Therefore, it is essential for nurses to be as familiar as possible with the legal guidelines that govern their patient care responsibilities. However there are only a few studies focused on nursing negligence. To define nurse's civil liability in medical malpractice, it is necessary to indentify both legal nursing behaviors and nurse's due care in those nursing behaviors. So this paper focused on nurse's due care, especially in nursing malpractice. To clarify nurses' due care. chapter II has focused on nursing behavior and the scope of nursing practice based on the medical law and health care related study results. Chapter III deals with the content and scope of nurse's due care. Generally. negligence is defined as not doing something which a resonable person. guided by those ordinary considerations which or dinarily regulate human affairs. would do. or doing something which a resonable and prudent man would not do. Next. it describes how we can set the standard of due care in nursing practice. There is objective factors and subjective factors. And we also discuss about the limitation of due care in nursing practice. Finally. chapter IV deals with the case studies related to nursing negligence in the situation of determination. Now', patient is not a mere subject of medical and nursing care any more, but a subject participating in medical practice on equal terms with medical professionals. Legal accountability is not limited to nurses in advanced practice; it is a recognized fact of life for every practicing nurse. whether she is an RN employed as a staff nurse in a hospital. a Certified Nurse-Midwife in independent practice or a patient's home. Therefore, it is essential for nurses to be as familiar as possible with the legal guidelines that govern their patient care responsibilities. However. there are only a few studies focused on nursing negligence. To define nurse's civil liability in medical malpractice, it is necessary to identify both legal nursing behaviors and nurse's due care in those nursing behaviors. So this paper focused on nurse's intravenous injection. post operation nursing care. blood transfusion. and patient nursing care. The result of this paper is as follows. First. there are several cases dealing with nurse's negligence in nursing practice. however, those cases didn't judge nurse's due care based on individual -specific standard but general-objective standard. Second, there is a tendency to put an emphasis on the principal of belief to distinguish who has the liability in the case of medical malpractice among medical care team. So nurses shoud practice nursing care more actively to protect themselves and patients because there is an effort to form professional nurse system and the scope of nursing practice will be deeper and broader. Third, standard of care is a necessary element in establishing negligence. If a nurse is able to meet the standard of care, no breach will be found.

• The Korean Society of Law and Medicine
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• v.18 no.2
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• pp.163-194
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• 2017

Coronary artery disease has increased in Korea as the country enters the aged society. It is well known that the incidence of coronary artery disease is related to aging, hypertension, diabetes, hyperlipidemia, and dietary habit. For effective treatment of significant coronary stenosis, close coordination between cardiac surgery and cardiology team is essential. Especially cardiologists' decision whether to do the stent placement or CABG is very important because the cardiologists usually start to consult the patients for their treatment. Recently, non-surgical interventions(that is stent placement) in cardiology field have dramatically increased as the national insurance system removed the limitation of the number of stents deployed. However, accidents are often caused by inappropriate use of stents, especially in patients with triple coronary disease or left main disease with heavy coronary calcifications. Another aspect of stent placement is to cope with an emergency case in the event of coronary rupture or pericardial tamponade during coronary interventions without cardiac surgeons. In the past two years, the Korea Consumer Agency (Consumer Dispute Coordination Committee) analyzed eight cases of medical dispute settlement. Only two hospitals were manned with both cardiologists and cardiac surgeons. Seven patients died of procedures of stenting and five patients died on the day of the procedure. Among the 8 cases, 5 cases showed 3 vessel disease and the rest of the cases had either severe calcification, complete occlusion or poor coronary antomies for stenting According to a 2017 national data registry of coronary stenting, less than 3 drug-eluting stents were implanted in 98% of all patients. In 2015, the number of stent procedures was 38,922, and approximately in 800 (2%) cases, more than four stents were used per patient. We emphasize that it is necessary to seriously consider the cost-benefit analysis between stent and CABG. The patient has the right to choose the right procedure by asking the liability of 'instruction explanation obligation'. He should be well informed of the pros and cons of both procedures to avoid overuse of stent. It can be solved by intimate discussion of individual cases with the cardiac surgeon and the patient. Unilateral dialogue with the patient, forceful restriction on the number of stenting, lack of surgeon's backup in difficult cases should all be avoided. It is also necessary to solve the problem not only at the hospital level, such as multidisciplinary integrated medical care, but also a nationwide solution such as expanding cardiac surgeons as essential personnel to public officials.

• Journal of Environmental Health Sciences
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• v.18 no.2
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• pp.3-18
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• 1992

This research was carried out on 1,017 production workers for four months from May to August, 1991, to search more effective management method of their health by grasping their knowledge and attitude on industrial health. The results of this study can be summarized as follows: 1. As for general characteristics, 74.2% were male and 25.8% were female among the 1,017 workers. The two largest age groups were 30~39, 38.7%. As for education level, graduation from high school was 58.6%, 61.2% were married, 35.9% owned their house, and workers who worked more than 1 year less than 5 years was 52.9%, workers who worked 8 hours a day was 46.7%, the largest group income level was 60~69 thousand won 21.2%, and the degree of satisfaction with work was ordinary, 45.6%. 2. The degree of recognition concerning occupational diseases was 92.5% at a very high rate. Causes of occupational diseases under the present work field were in order of noise, dust, heavy metal. The largest group of the counterplan for prevention was an improvement of working environment, 62.0%. 3. The major cause that threatens worker's health was poor working environment, 31.4%. As the best method for workers' health management, working environment management was pointed. 4. As for health examination result, the response that it is of use to health management was 53.8%. As for examination method and result, 42.7% responded that they are formal. The practice period was more than once every six months as the largest group, and the highest desire for improvement was that they wants an exact information of the result. 5. 49.3% of the respondents know about the measurement of working environment an the response that the measurement is necessary to improve working environment was 57.9%, and that the results from the measurement were reflected on improvement an management 57.5%. Appropriate period to take a measurement was more than once per six months, 40.2% and per three months, 29.1%. 6. As for safety and halth instruction, 34.5% were educated for both, 38.2% for only safety education and just 4.6% for only health education. 51.9% responded that they had never been educated out of work place. The period of its practice was more than once a month, 39.5% and every three months, 21.3%. 7. The importance of safety and health showed that the one is equal to the other, 59.8%, that the one is more important, 29.6%, and that other is more important, 7.6%. 67.7% said the necessity of a safety and health manager. 8. In spite of more or less health obstacle of work environment, 14.9% of the respondents wanted to overwork to gain an allowance for over-time work, 39.9% didn't, and 40.2% according to condition and state. 9. As the most important cause of industrial accident, 40.2% indicated unsafe behavior. As for the individual protective instrument, 66.1% of all the respondents said they have worn it to protect industrial diseases. 10. As for the degree of understanding of the contents in Industrial Safety and Health Law and Industrial Law of Accident Insurance, an affirmative response was respectively 49.3% and 50.8% and the sources of safety-health information were televisions and radios, 28.0%. Therefore, it is necessary that we do positive working environmental improvement, continuous management and health education's inforcement to increase their health and prevent occupational diseases.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.78
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• pp.93-117
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• 2018

In all countries of the world, the development of trade is an important factor for the survival of the national economy. Increased export will lead to national economic growth. Export is directly linked to employment, and the industrial structure will be developed in the direction to produce products of comparative advantages. Therefore, every country around the world is trying to promote export regardless of the size of its economy. Accordingly, this paper focused on the promotion of export of domestic companies. It proposed to cultivate trade experts to promote export of domestic companies. The following five methods were proposed to materialize the proposal. First, it is important to foster trade experts to expand and foster the one-person creative companies. In particular, it is important to develop a professional education curriculum. It is necessary to design and conduct a systematic curriculum throughout the process including follow-up after education such as teaching detailed procedures for establishing a trade business, identification of relevant regulations and related organizations, understanding of special features of each exporting country, and details of exporting procedures through specialist training for the individual industries, helping themto keep their network steady so that they can easily get help from consultants. Second, it is necessary to educate traders working in the field to make them trade experts and utilize themin on-the-job training and consulting. To do this, it is necessary to introduce systematic consultant selection process, and to introduce a systemto educate and manage them. It is because, we must select the most appropriate candidates, educate themto be lecturers and consultants, and dispatch themto the field, in order to make the best achievement in export. Nurturing trading professionals utilizing the current trading workers to activate export of domestic companies can be more efficient through cooperation of trading education agencies and related agencies in various industries. Third, it is also proposed to cultivate female trade experts by educating female trade workers whose career has been disrupted. It is to provide career disrupted women with opportunities to work after training them as trade professionals and to give manpower pool to domestic companies that are preparing for export. Fourth, it is also proposed to educate foreign students living in Korea to be trading experts and to utilize them as trading infra. They can be trading professionals who will contribute to the promotion of export. In the short term, they will be provided with opportunities for employment and start-upin the field of trade, and in the mid- to long-term, they may develop a business network between Korea and their own countries. To this end, we need to improve the visa system, expand free trade education opportunities, and support them so that they can establish small but strong enterprises. Fifth, it is proposed to proactively expand trade education to specialized high school students. Considering that most of domestic companies pursuing activation of export are small but strong companies or small and mediumsized companies, they may prefer high school graduates rather than university graduates because of financial limitations. Besides, the specialized high school students may occupy better position in the job market if they are equipped with expertise in trading. This study can be meaningful, in that it is the first research that focuses on cultivating trading experts to contribute to the export activation of domestic companies. However, it also has a limitation that it has failed to reflect the more specific field voices. It is hoped that detailed plans will be derived from the opinions of the employees of domestic companies making efforts to become an export company in the related researches in the future.

• Journal of Legislation Research
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• no.53
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• pp.593-631
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• 2017

Like the technological competition of each country around commercialization of Autonomous Vehicles(the rest is 'AV'), legalizations are also in a competition. However, in the midst of this competition, the Ethik-Kommission Automatisiertes und vernetztes Fahren of Germany has recently introduced 20 guidelines. This guideline is expected to serve as a milestone for future AV legislations. In this paper, I have formulated a new legislative proposal that will incorporate the main content presented by the Ethik-Kommission. The structure is largely divided into general rules of purpose and definition, chapter on types of AV and safety standards, registration and inspection, maintenance, licenses for AV, driver's obligations, insurance and accident responsibilities, roads and facilities, traffic system, and chapter on penalties. The commercialization of AV in Korea seems to be in a distant future, and it is possible to pretend that it is not necessary to prepare legal systems. But considering our reality, leading legislation may be necessary. In this paper, I have prepared individual legislative proposals based on the essential matters based on the criminal responsibility in case of AV car accidents. To assure the safety of AV, AV and mode of operation were defined for more clear interpretation and application of law, and basic safety standards for AV were presented. In addition, the obligation of insurance and the liability for damages were defined, and the possibility of immunity from the criminal responsibility was examined. Furthermore, I have examined the penalties for penalties such as hacking in order to secure the effectiveness of the Act. Based on these discussions, I have attempted the 'Autonomous Vehicles Act', which aims to provide a basis for new discussions to be held on the basis of various academic fields related to the operation of AV and related industries in the future. Although there may be a sense of unurgency in time, the automobile industry needs time to prepare for the regulation of the AV ahead of time. And a process of public debate is also needed for the ecosystem of healthy AV industry.

• Journal of Korean Philosophical Society
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• v.147
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• pp.333-356
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• 2018

Shang Yang was a person who, as a representative of the former School of Law, not only had an effect of thought on Han Fei Tzu, but also put a cornerstone of Qin Shi Huang's great universal unification by placing small and weak Qin Dynasty in a border area in the rank of a newly rising powerful nation. He is especially regarded as a person who valued laws and established the theoretical framework of legalist thought of School of Law systematically. To begin with, this writing examines the contents of the enforcement of legal reforms relevant to the prerequisite of Shang Yang's legal thought in historical archives, and confirms that Shang Yang succeeded in accomplishing legal reforms twice and that the aim of the legal reforms was to realize national prosperity and military power for the universal unification. This writing also takes notice of the fact that Shang Yang's legal thought went through specific steps for unifying the legal authority and the power of the monarch. Especially this writing focuses on applying the three-step theory of norms that was presented in the western social and political norm theory to Shang Yang's legal thought and on examining the characteristic and meaning explicitly. In short, the social and political norms go through emergence, cascade, and internalization. This writing aims to confirm that Shang Yang's legal thought also went through these three steps and was specified. Specifying this critical mind, this writing is a result which discusses that Shang Yang's legal thought went though the steps of the selective prescriptivism of emergence, the monarchical absolutism through sever punishment, and the internal monarchism for national prosperity and military power, and that the thought was systemized. Finding that the contents of Shang Yang's legal thought correspond to the three-step theory of norms and produce the individual meaning is the independent characteristic of this writing. It is the aim of this writing that the system and meaning of Shang Yang's legal thought will be confirmed more explicitly through this contextual examination.

• Journal of Preventive Medicine and Public Health
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• v.49 no.2
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• pp.80-96
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• 2016

Recently, a series of lawsuits were filed in Korea claiming tort liability against tobacco companies. The Supreme Court has already issued decisions in some cases, while others are still pending. The primary issue in these cases is whether the epidemiological evidence submitted by the plaintiffs clearly proves the causal relationship between smoking and disease as required by civil law. Proving causation is difficult in tobacco lawsuits because factors other than smoking are involved in the development of a disease, and also because of the lapse of time between smoking and the manifestation of the disease. The Supreme Court (Supreme Court Decision, 2011Da22092, April 10, 2014) has imposed some limitations on using epidemiological evidence to prove causation in tobacco lawsuits filed by smokers and their family members, but these limitations should be reconsidered. First, the Court stated that a disease can be categorized as specific or non-specific, and for each disease type, causation can be proven by different types of evidence. However, the concept of specific diseases is not compatible with multifactor theory, which is generally accepted in the field of public health. Second, when the epidemiological association between the disease and the risk factor is proven to be significant, imposing additional burdens of proof on the plaintiff may considerably limit the plaintiff's right to recovery, but the Court required the plaintiffs to provide additional information such as health condition and lifestyle. Third, the Supreme Court is not giving greater weight to the evidential value of epidemiological study results because the Court focuses on the fact that these studies were group-level, not individual-level. However, group-level studies could still offer valuable information about individual members of the group, e.g., probability of causation.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.7 no.3
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• pp.181-190
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• 2012

After industrialization, the labor force participation rates of women, especially married women is drastically increasing. So, this study was designed to analyze the determinants of married women's employment status considered. For this, the determinants of married women's employment status were divided into individual-related, children-related, household-related and job-related variables to establish the research models. Based on this, the following results were drawn from a multinominal logistic regression analysis of the determinants of married women's employment status. First, an analysis of individual-related variable showed that married women had the employment status of labor wages with residence in the center of the city and high academic background. Second, an analysis of children-related variable showed that they had the employment status of labor wages with many their children and no their children under the age of six. Third, an analysis of household-related variable showed that they had the self-employment status of labor wages with nuclear family and few income earners of family members. Finally, an analysis of job-related variable showed that they had the employment status of labor wages when they got a job before they got married, their husband didn't get a job, and their husband worked in a professional field. As for findings stated above, as there was a difference in the determinants of married women's employment status, the ways for improvement in the married women's employment status would be suggested as follows. First, married women with young children have the low employment status, basically, requiring problem-solving ways for this because the housekeeping and child-rearing burden caused by marriage and childbirth are factors that continue to obstruct a job. For this, the flexible working hours system, which housekeeping and child-rearing can harmonize with economic activities like developed countries, needs to be activated. But the activation of such flexible working system will produce actual results under institutional protection, such as a related-protection law. Second, the Leave of Child Care System is debated as one of the most representatively systems that housekeeping can harmonize with economic activities. Now, although the System is legislated, the use is very poor.

• Korean Journal of Occupational Health Nursing
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• v.6 no.1
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• pp.23-43
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• 1997

The work-related diseases due to continuous overwork are mainly cerebro- and cardio-vascular ones, which is commonly called 'Karoshi', death from overwork. Many factors are capable for Karoshi : occupational stress in relation to technological renovation and industrial rationalization, competitive social structure, and accumulated fatigue accured to long time or irregular working. And its occurence is on the rise. The World Labor Report 1993 released by ILO, pointed out the diseases related to overwork and stress as one of the most important occupational health problem. In Korea, social awareness of Karoshi is at an infant stage, and reliable statistics for its occurence are not compiled in a convenient manner. Despite the rising Karoshi, there are no reliable clauses in workmen's compensation enough to settle down the disputes. Therefore, it is not uncommon that the Labour Ministry and Civil Court find difficulties in reaching an agreement. This study was intended to provide proper compensation and prevention program for workers by suggesting reasonable compensation clauses for the death from overwork. This study consists of two comparative reviews on the compensaton clauses for the death from overwork. One is to review legal standards of Karoshi among three countries, such as Korea, Japan and Taiwan. The other is to investigate the cases of Karoshi in Korea, 121 cases identified at the Labor Welfare Corperation and the Labour Ministrial process of examination and reexamination, and 73 leading cases at the High Court of Justice. The main findings of the study are as follows : 1. Comparisons of comperative review on compensation clauses for the death from overwork among three countries. 1) All of three countries have the same kinds of disease for compensation, which were cerebro-and cardiao-vascular diseases, while for cardiac disease group, Korea has the smaller number of diseases for compensation than Japan. 2) As for the definition of overwork, the three countries share equally that overload for one week prior to collapse is considered as an important factor, but accumulated chronic fatigue is disregarded. 3) As the basis of overwork, in Japan, there is a tendency to move from the conditions of an ordinary healthy adult to those of the individual concerned in Japan, whereas there is no such concern yet in Korea. 4) All the three countries use a common standard of medical judgement in demonstrating causal relationship between a job and a disease. However, Korea is progressive in the sense that in the case of CVA at worksite, the worker himself has no obligation to prove the cause. 2. The results of a comparative review on excutive decisions by Labor Ministry and judicial decisions by the Court in Korea : A judicial decision is based on the legalistic probability, but a excutive decision is not. Therefore, excutive decisions have such restrictions that : 1) TIA (transitory ischemic cerebral attack) and myocarditis are excluded from compensation, and there is little consistency of decision in the case of cause-unknown death. 2) There is a tendency not to compensate for the death from overwork since the work terms such as repeated long-time working, shift work or night-shift work are not considered as overloading. 3) There is a tendency to regard the conditions of a ordinary healthy adult rather than those of the individual concerned(age, existing diseases, health state, etc.) as the comparative basis of overload. 4) There remains a tendency not to compensate for the death from overwork in the case of collapse occuring out of workplace, on the ground of 'on the course of working' and 'in the cause of accident'. Through the study, the fact manifests itself that Korea's compensation clauses for work-related diseases due to overwork are very restrictive. So, it is necessary to extend the Labor Ministry's clauses of compensation for the death from overwork following to the recent changes of other countries and internal judicial decisions. This is very important in the perspective of occupational health that aims at health promotion of workers including prevention of the Karoshi.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.17 no.8
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• pp.280-291
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• 2016

The Invention Promotion act is one of the acts that have been frequently revised. Such frequent revisions have been pointed out as a major cause of the recent ongoing discussion on the alignment of the Invention Promotion Act. For proper alignment of the Act, diversified perspectives and issues have been discussed. Of them, the talk considering the effect of the 2011 Framework Act on Intellectual Property establishment on the Invention Promotion Act has received increasing attention. In this situation, this paper examined the relationship between the Framework Act and Invention Act with special focus on the relationship between the framework-formed law and an individual act that has existed prior to such a framework act. Based on this analysis, this study examined the alignment goal of the Invention Act. In addition, by studying the relationship between the recently-established framework act and the individual act along with revision case examples thereof, this paper aimed to produce a standard reflecting the legal reality. This study assumed that, although it is difficult to recognize any formal superiority in the Framework Act on Intellectual Property in the present South Korean legal regime, some practical superiority or practical supremacy is still deemed to be acknowledged. Under this assumption, it was found in this study that the Invention Promotion Act would also need to be managed in an appropriate relationship with the Framework Act within the range of such an attitude. Moreover, the structure would need to be reorganized. As discussed partially at the practical level, however, the Invention Promotion Act is an execution act of the Framework Act on Intellectual Property. Furthermore, it is inappropriate to seek to converge the full structures completely, given the limitations of the South Korean legal regime and the fairness balance with other legal cases. It is deemed that, although the provisions of the Framework Act on Intellectual property should be considered at the practical level, the Invention Promotion Act will need to be respected for its legislative purpose in itself.