• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.297-341
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• 2017

We searched out court rulings on medical affairs through court library search sites and specialized articles on medically relevant judgments sentenced in 2016. And we selected and analyzed the judgements of the court we considered important as follows. In relation to the medical civil judgements, (1) In the case of applying surgery for female infertility during cesarean section operation but it has not been done, we expressed the regret for the lack of judgment in the process of entering the medical contract, introducing the rights infringed and the scope of compensation, (2) We pointed out that the ruling on the medical malpractice estimation goes out of limit of negligence estimation doctrine, and that the court asked very high degree duty of the traditional Korean medicine doctors to cooperate with Western medicine doctors. (3) In the case of admitting hospital's 100% responsibility, we pointed out the court overlooked the uncertainty and good intention of the medical practice. (4) Additionally, We introduced the cases admitted the hospital's responsibility in the accident related to the psychiatric patients in closed ward. Relating to a medical criminal ruling, we analyzed the supreme court decision about whether the dentist's Botox injection on the patient's face is a medical practice within the scope of the license from the viewpoint whether it is within the possible range of the word. And, concerning decisions on healthcare administration, (1) we analyzed the case about when medical personnel operate multiple medical institutions, whether it is possible to get back medical care costs under the National Health Insurance Law, (2) We commented on the ruling regarding explanation obligation in terms of object, degree, subject of explanation as a prerequisite for permissible arbitrary uninsured benefits. Finally, we reviewed the decision of the Constitutional Court about the Article 24 of the Mental Health Law, which it had allowed for a mental patient to be hospitalized forcibly by the consent of two guardians and a diagnosis of a psychiatrist. Also we indicated the problems of the revised Mental Health Law.

• Korean Journal of Heritage: History & Science
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• v.53 no.1
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• pp.64-87
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• 2020

The cultural property management system of Korea was established based on the modern cultural assets acts and the old imperial estate management system enacted during the Japanese occupation. Academics have researched the cultural property management system oriented on the modern cultural assets acts, but few studies have been conducted into the old imperial estate management system, which is another axis of the cultural property management system. The old imperial estate was separated from the feudal capital by the Kabo Reform, but was dismantled during the colonial invasion of Japan and managed as a hereditary property of the colonial royal family during the Japanese colonial period. After establishment of the government, the Imperial Estate Act was enacted in 1954 and defined the estate as a historical cultural property managed by the Imperial Estate Administration Office. At this time, imperial estate property that was designated as permanent preservation property was officially recognized as constituting state-owned cultural assets and public goods in accordance with Article 2 of the Act's supplementary provisions during 1963, when the first amendment to the Cultural Property Protection act was implemented. In conclusion, Korea's cultural property formation and cultural property management system were integrated into one unit from two different sources: modern cultural assets acts and the old imperial estate property management system. If the change of modern cultural assets acts was the process of regulating and managing cultural property by transplanting and applying regulations from Japan to colonial Joseon, the management of the imperial estate was a process by which the Japanese colonized the Korean Empire and disposed of the imperial estate. Independence and the establishment of the government of the Republic of Korea provided the opportunity to combine these two different streams into one. Finally, this integration was completed with the establishment of the Protection of Cultural Properties Act in 1962.

• Korean Journal of Heritage: History & Science
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• v.53 no.3
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• pp.202-223
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• 2020

This purpose of this article is to identify the original form of the gilt-bronze ornamental pieces unearthed from the east part of the third wooden coffin in the Naju Bogam-ri Jeongchon (NBJ) tombs. The gilt-bronze ornamental pieces were all small, measuring less than 3cm in size and about 0.2cm in thickness, and only 19 or more small pieces were identified. In each piece of gilt decoration, a circular perforation, convex pattern, leaf-shaped spangle (瓔珞), 2 small holes for attaching spangles and gilt-bronze thread, 2 small holes for unknown purposes, and a continuous dot pattern of about 0.05 cm can be observed. As a result, it was judged that the gilt-bronze pieces excavated from the NBJ No. 1 chamber were part of the Headband Crown. Therefore, type 1 and type 3 of the gilt-bronze pieces were determined to be part of the Headband, and type 2 to be part of the Vertical Ornaments. Based on previous results, two types of restoration were proposed for NBJ No. 1 tomb gilt-bronze ornaments. In the first restoration proposal, there are wave-shaped dot patterns on the top and bottom of the crown, and the middle decoration is a spangle, circular perforation and spangle and a convex-pattern. In the second restoration plan, one row of convex patterns was added among the decorations in the middle of the first. The same type of vertical ornament was found in the Sochang (小倉) collection crown, but the overall structure and shape of the crown were completely different. On the other hand, the use of small holes of unknown use, as seen in the crown, was presumed to represent holes for fixing to a cap of organic matter. The restored NBJ No. 1 tomb gilt-bronze crown is characterized by circular punching, which makes it difficult to find an analogy in the other Three Kingdoms-period crowns. Unlike the existing halls in Gaya, Mahan, and Baekje, each district has a unique shape and decoration. The gilt-bronze crown excavated from NBJ No. 1 tomb is thought to reflect these characteristics.

• Cartoon and Animation Studies
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• s.20
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• pp.75-86
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• 2010

Recently, as the number of female players has increased rapidly, the electronic gaming industry has begun to look at ways to appeal to the largely untapped female market. According to the latest game market investigative report by China Internet Network Information Center (CNNIC), the total number of game players in China increased by 24.8% in 2009, reached 69,130,000 people, and 38.9% of them are female players. This growth in the number of female player is corroborated by a series of investigative reports from IResearch Company in Shanghai, China: from 2003 to 2009, the number of female players grew from 8% to more than 49%. Therefore, no matter how much attention the game production companies have given to male players or how they have ignored the female players before, the companies would be sensible to face up this reality and adjust their marketing policy a bit more. This article analyzes gender preferences in video games which shows that male players are more likely to be attracted to elements of aggression, violence, competition and fast action in electronic game-playing, while female players are drawn to emotional and social aspects of the games such as an understanding of character relationships. The literatures cited indicates that female players also show apparent preference for games with familiar environments, games that allow players to work together, games that have more than one way to win, and games in which characters do not die. It also discusses the characteristics of female-friendly games from the aspect of emotion, pointing out that the simulation games involving pet, dressing-up, and social simulation games are very popular with female players. Because these are the most suitable game types to fill with emotions of love, share, jealousy, superiority, mystery, these are absolutely attractive to female players. Finally, in accord with the above, I propose some principles of designing female-oriented games, including presenting a good-looking leading character, making the story interesting with "live" NPCs(Non-Playing Characters), and finding ways to satisfy female nature instincts such as taking care of others and the inborn interest of classifying and selecting.

• Cartoon and Animation Studies
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• s.32
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• pp.189-220
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• 2013

It is expected that interests and supports for 'the creative economy' will increase considerably since the establishment of the Park Geun Hye Administration. According to a report with respect to its cultural policy handed in by the Minister of Culture to the president on March 28, 2013, the administration will set up a basic plan of establishing regional fusion-typed laboratories including such genres as story telling, animations, games, cartoons, performances, etc. in May this year, and opening contents Korea laboratories across the country by the first quarter in 2014 as part of its core task. Furthermore, it will focus on implementing such policies for training professional manpower as creative mentoring programs, expansion of education for field employees and expansion of a creative education for young students, including a plan to train 1,000 creative contents talents by 2017 as described in the report. Since the Comics Promotional Law took effect in August 2012, the Korea Culture and Content Agency and the Comics Industry have been establishing the third plan for medium and long term development of the comics industry together. One of the most important policy is about training professional manpower. "Joint Business with Creative Talents," in which the amount of 4.5 billion won was invested, has already been implemented, and "Support Business for Field Employees of Comics Creating Enterprises," in which the amount of 0.6 billion won was invested, has been performed so far through the Korea Comics Contents Agency upon the request of the Comics Industry. The government's plan to train professional manpower is interlocked with its foundation and employment policies, and thus, this will be a good opportunity for colleges and universities that have comics related majors, especially for those that need proper measures for bring their graduates a chance to get a job. Accordingly, it seems that if the government develops more aggressive policies, reflects this on the third medium and long term development plan of the comics industry, and then organizes policy and study meetings led by the learned societies to implement this, it will be able to generate a significant synergy effect. This Article will concentrate on first examining the flow and patterns of the policy to train special manpower by the comics industry, the Ministry of Culture and related institutions since the establishment of the Comics Promotional Law, analyzing some problems in the first and second medium and long term development plan of the comics industry to be implemented from 2003 through 2013 and the third medium and long term development plan to be announced in June 2013 to train professional manpower, and then suggesting an effective direction and some alternatives to train professional manpower in universities in a medium and long term way.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.187-220
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• 2020

Today, administrative legislation is becoming more and more important in that it not only sets the legal life relationship of the people in great detail and detail, but is closely related to the occurrence, extinction, and alteration of rights and obligations held by prisoners. In the United States, the types of administrative legislation are divided into substantive and interpretative regulations, so-called substantive regulations, which give prior notice and opportunity to comment on interested parties through formal or informal administrative procedures in accordance with Article 553 of the Federal Administrative Procedures Act. On the other hand, the interpretation regulation, which is "the regulation established by the Administration for the simple interpretation of statutes," does not require prior notice or comment because it does not affect the people's rights obligations. The Azar v. Allina Health Service, 587 U.S. 1804, 2019 ruling by the U.S. Constitutional Court, subject to this research paper, is about a dispute over a new decision to require Medicare to determine the amount of compensation for care providers that provide medical services for the poor, and should the regulations be regarded as substantive under the Administrative Procedures Act and should not be given a hearing or a simple internal process for processing. Given that the current administrative procedure law of our country stipulates the procedures for administrative pre-announcement through Articles 42.1 and 44.1, but that our courts have not judged violations of legislative pre-announcement procedures under the Administrative Procedures Act so far as to judge the illegality of administrative legislation, the dispute of the U.S. Constitutional Court will provide new implications for controlling legal orders beyond simple legal interpretation and has great significance in terms of readjustment of relevant regulations under future administrative procedures.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.107-152
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• 2020

During the main ruling in 2019, a number of rulings that were of interest or meaningful were handed down, such as just because the complication of medical practice has occurred, there is no presumption of negligence, a case involving a fall accident in which a lot of culpability has recently been made. the death of a well-known singer that caused a sensation, a case about damages caused by MERS in 2015, which is more meaningful in connection with damages caused by COVID-19, an infectious disease that has recently hit the world, including Korea. In preaching the principles of the law, just because there has been a complication caused by medical practice, there is no presumption of negligence, 'The scope of the complication without presumption of negligence' was determined differently by the court, the court was not able to specify the criteria. Specific circumstances were presented to limit the responsibility of the medical institution while acknowledging the malpractice of the medical institution in relation to the fall accident. In relation to the scope of damages, judgment was made on issues related to the calculation of lost profits of medical malpractice; criteria for determining celebrities' daily income, criteria for determining daily income in case of receiving survivor's pension due to medical accident, an incident in which the daily income is denied if the labor capacity is already lost at the time of a medical accident. But, it seems that judgments should be made based on clearer and more reasonable standards. Related to Medical Advertise, specific logic of judgment was presented as to whether it was interpreted as being in accordance with the specific prohibition listed in Article 27 paragraph 3 of the Medical Law, which is the criterion for violation of the Medical Law, or if it constitutes a significant harm to the order of the medical market. In response to the prohibition of operating the multiple medical institutions, the Constitutional Court decided that it was constitutional because it did not violate the regulations on excessive funding, and rationally limited the scope of the prohibited 'redundant operation'. The Supreme Court ruled for the first time that even a medical institution established and operated in violation of the Medical Service Act did not make it impossible to receive all medical care benefits implemented by a medical institution under the National Health Insurance Act. Significant rulings were finalized that recognized the existence of specific protection obligations for the people of the country in the management of infectious diseases.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.153-185
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• 2020

In principle, even if serious consequences such as death or serious injury of a patient occur as a result of a medical accident, if the medical malpractice of a health care worker is not recognized, the health care worker is not held liable for said consequences. However, with the opening of the Korea Medical Dispute Mediation and Arbitration Agency on April 7, 2012, a system was established to compensate health care personnel for their medical malpractices only in the case of "injuries caused by medical accidents in the course of childbirth" (hereinafter referred to as "program for compensation of medical accidents"). Article 46 paragraph 1 of the current Medical Dispute Mediation Act, which is the basis of the Force Majeure Medical Accident Compensation System, stipulates that "medical accidents under delivery" claims are to be determined by the Medical Accident Compensation Review Committee are subject to the compensation project. And the details of the compensation, ratio of sharing financial resources for compensation, scope of compensation, and the guidelines and procedure for the payment of compensations are prescribed by Presidential Decree. In other words, the Presidential Decree requires the state to pay 70 percent of the compensation funds, and 30 percent of the above funds among health care providers. The Constitutional Court has decided on the 2015Hun-Ga13 that the scope of the health care institution's founders and the share of the compensation funds cannot be directly determined by the law, and that the portion delegated by the Presidential decree does not violate the Principle of Legal Protection nor Comprehensive Nondelegation Doctrine. However, this can be seen as an exclusion of accountability for force-induced delivery accidents even if there is no negligence of the medical staff. If the nature of the system is a type of social security system with a social compensatory nature, it could consider eliminating the health care innovator's cost-sharing provisions, leaving the full cost to the state. However, it is also necessary to review institutional protocols that strengthen the efforts of medical institutions in areas such as analysis of the causes of medical accidents and measures to prevent their recurrence. In addition, I think that the conclusion of the Act is in line with the purpose of the Comprehensive Wage Support Regulations that at minimum the law sets an upper limit of the compensation funds that are to be paid by health and medical institutions. Moreover, it is reasonable for the Medical Accident Compensation Review Committee to specify gestational age and weight of births, which are the criteria for compensation, under the Enforcement Decree of the Medical Dispute Mediation Act, in relation to the criteria for payment of contributions by the Medical Accident Compensation Review Committee, and to set the detailed criteria.

• Information Systems Review
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• v.18 no.2
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• pp.79-106
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• 2016

Service innovation is one means of gaining an advantage in a highly competitive environment. Although numerous studies have stressed the importance of service innovation, traditional good-dominant logic is still used in service innovation literature. Furthermore, few studies have been conducted on the link between service innovation and its antecedents in terms of service-oriented approach. To fill the gap, this article theoretically and empirically examines service innovation and its antecedents and consequences. Based on service-dominant logic and resource advantage theory, the current study aims to understand the effect of antecedents on service innovation as well as to identify the effect of service innovation on firm performance (i.e., non-financial and financial performance). Three service innovation activities, namely service creation-focused innovation, service delivery-focused innovation, and customer interaction-focused innovation, and four antecedents of service innovation, including human resource management capability, collaboration capability, marketing capability, and information technology capability, are identified based on Den Hertog (2000)'s service innovation framework. By using the empirical data collected from 189 service firms in Korea, this study explores the causal relationship among antecedents, service innovation and firm performance. Findings indicate that human resource management and marketing capabilities influence the three types of service innovation, whereas collaboration and information technology capabilities have a significant effect on both service creation-focused innovation and service delivery-focused innovation. In particular, human resource management capability is strongly related to customer interaction-focused innovation. The three types of service innovation have a positive influence on non-financial performance, whereas service delivery-focused innovation and customer interaction-focused innovation positively influence financial performance. These results support the crucial effects of antecedents, such as human resource management, collaboration, marketing and information technology capabilities, on service innovation.

• The Korean Society of Law and Medicine
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• v.17 no.1
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• pp.107-135
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• 2016

Medical tour can be said to be a new high added-value tour industry of 21st century. The development of varied and distinguished medical tour products by each country will further vitalize the medical tour industry. As the interest in such medical tour increases, it is necessary to analyze the demand and interests of tourists accurately and prepare medical tour products to be provided in order to develop and promote medical tour products. The government considers the medical tour industry as an industry with high expected effects in job creation through promotion of experts in global healthcare industry and national economy development through high added-value creation, and has expanded aid policies in medical tour field with improvement of medical tour immigration system, one-stop service system for medical tourists, and medical tour labor force promotion system. Nevertheless, there are disputes between foreign patients and medical tour inviting businesses, along with medical accident disputes between foreign patients and medical staff and disputes with those working in the tourism industry. This article reviews the types of disputes occurring around the inviting businesses related to medical tours and tried to review the resolutions. Through this, it was found that medical tour inviting businesses have the responsibility to connect the mediated benefits and risks and also the responsibility to process the tasks. Thus, in case dispute occurs due to passive actions from establishing agency agreement to active mediation results, it is difficult to escape the liabilities. Also, in a medical tour agency contract, the inviting business must be aware that it bears the responsibility to explain and advise the details on benefits and risks to foreign patients. The "Guide to arbitration system for resolution of medical disputes with foreign patients" by Korea Health Industry Development Institute Act presents a method to resolve disputes according to the [laws on medical accident damage relief and medical dispute arbitration] in case a dispute due to medical accidents occurs to foreign patients when the foreign patients prepare diagnosis agreement, Whether such method is sufficient to protect foreign patients, however, is thought to require discussions from more diverse perspectives. In order to vitalize medical tourism, the development of diverse products is also important, but the countermeasures against related disputes should also be prepared. Such is expected to contribute to a greater advancement based on trust of foreign medical tourists alongside excellent medical technologies.