• Title/Summary/Keyword: law school

Search Result 2,080, Processing Time 0.028 seconds

Retrospect and Prospect of Medical Law 20th Anniversary (Medical Criminal Law) (의료법학 20주년 회고와 전망(의료형법 분야))

  • Ha, Tae Hoon
    • The Korean Society of Law and Medicine
    • /
    • v.20 no.3
    • /
    • pp.47-79
    • /
    • 2019
  • The Korean Society of Law and Medicine has faithfully played the role of professional academic organizations last 20 years in terms of academic activities, accumulated achievements, diversity, professionalism, and influence on academic circles. The Korean Society of Law and Medicine and the Journal of Medical Law serve as a platform for academic information and exchange of opinions on medical law. Medical law began in the midst of increasing conflicts and disputes caused by medical malpractice and the enactment and legal coercion of medical care as pressure on medical workers. It tried to find a way to coexist with each other through the encounter and convergence of medicine and law. Medical criminal law extends from traditional crimes in the realm of life and body protection to bioethics violations caused by the development of biomedical technology, corruption and economic crime in the medical field. Medical law has evolved into a comprehensive legal area dealing with legal issues raised in medical treatment, healthcare, bioethics, and life sciences technology. On the legal side, medical law is not independent legal areas. It is overlapping with traditional law areas such as civil law, administrative law, criminal law, social law, civil and criminal procedure law. However, it is now established as a convergence study in medicine, bioethics, life science, as well as in various fields of law. It has become an area where collaboration is needed with the field of law, medicine, ethics, sociology and economics. Medical criminal law has undergone a dynamic development over the last two decades. The development of medicine and medical technology provides new and innovative methods of diagnosis and treatment. The achievements and risks of revolutionary developments in biotechnology, genetic engineering and medicine coexist. While there is a dazzling achievement that mankind has hoped for: combating disease and improving health, it also creates unwanted side effects and risks to humans. There is a need to reconsider ethical and legal principles. The discovery and development of patient identity and autonomy has changed the medical doctor-patient relationship. Furthermore, it was complicated by the triangle relationship of patients, medical doctors and insurance. Legal matters are also complicated. This is why the necessity of legislation is emerging. Criminal punishment provisions are also required. The Medical Law and Biomedical Law are systematically and coherently deformed as mosaic-based legislation that takes place whenever there are social issues, citizens' needs, and medical organizations' interests, rather than sufficient enactment and revision procedures. It needs a complete overhaul, and this is possible through interdisciplinary collaboration which is the strength of The Korean Society of Law and Medicine.

Guidance Law for Near Space Interceptor based on Block Backstepping Sliding Mode and Extended State Observer

  • Guo, Chao;Liang, Xiao-Geng
    • International Journal of Aeronautical and Space Sciences
    • /
    • v.15 no.2
    • /
    • pp.163-172
    • /
    • 2014
  • This paper proposes a novel guidance law based on the block backstepping sliding mode control and extended state observer (ESO), which also takes into account the autopilot dynamic characteristics of the near space interceptor (NSI), and the impact angle constraint of attacking the maneuvering target. Based on the backstepping control approach, the target maneuvers and the parameter uncertainties of the autopilot are regarded as disturbances of the outer loop and inner loop, respectively. Then, the ESO is constructed to estimate the target acceleration and the inner loop disturbance, and the block backstepping sliding model guidance law is employed, based on the estimated disturbance value. Furthermore, in order to avoid the "explosion of complexity" problem, first-order low-pass filters are also introduced, to obtain differentiations of the virtual control variables. The stability of the closed-loop guidance system is also proven, based on the Lyapunov theory. Finally, simulation results demonstrate that the proposed guidance law can not only overcome the influence of the autopilot dynamic delay and target maneuvers, but also obtain a small miss distance.

Some Considerations for the Modernization of the Rome Convention, in case of Unlawful Interference

  • Fujita, Katsutoshi
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.23 no.1
    • /
    • pp.55-81
    • /
    • 2008
  • Most compensation issues are regulated under domestic law where third parties are suffered damage from crushes of aircrafts or their falling objects. This issue was internationally recognized. A Convention to unify the rules of the law concerning damage caused by aircraft to the third parties on the surface was signed in May, 1933( the 1933 Rome Convention) and it became effective in 1942. Later, modernization was carried out through the 1952 Rome Convention and the 1978 Montreal Protocol amending the 1933 Rome Convention. Ratifying States either to the Convention or to the Protocol is not as many as those States to the Warsaw Convention concerning air-transport. In 1999, which was a turning point of changes of centuries from the twentieth century to the twenty first century, the Montreal Convention was passed to modernize the Warsaw Convention, and was quickly widespread. On September 11 2001, the coordinated simultaneous terror attacks occurred. In the circumstances, the issue modernizing the Rome Convention came up. Thus, workout under the initiatives of the Legal Committee of the ICAO is under operation to adopt new Rome Convention. In Japan, a study on the ICAO Draft Convention was operated by which a working study group composed of experts from academy, industry and government was set up. This article, being based on that study, clarifies issues and gives future perspectives. This article presents author's individual views.

  • PDF

A Constitutional Review on Compensation for Medical Malpractice during Delivery (의료분쟁조정법상 의료사고보상사업의 헌법적 쟁점)

  • Cheon, Kwang-Seok
    • The Korean Society of Law and Medicine
    • /
    • v.13 no.1
    • /
    • pp.295-329
    • /
    • 2012
  • A medical malpractice case requires special legal protection, considering its characteristics, such as seriousness and long term effects of its damages, medical information asymmetry between practitioners and patients, and difficulties in realization of liability. Taking the points above into consideration, Medical Malpractice Arbitration Act of 2012(MAA) has legislative intent to protect the rights of the injured from medical malpractice, while protecting the stability of medical practice by providing arbitration as an alternative dispute resolution. However, constitutional review is required for one new scheme of compensation for medical injuries during delivery, which is implemented in MAA of 2012, especially with regard to freedom to exercise occupation, property, equality under the Constitution. Two important aspects are 1. according to the law, absolute liability applies to compensation for damages during delivery without negligence of practitioners; and 2. the practitioner bears some portion of the cost, 30% in the law above. This article aims to analyze this new institution in various aspects of the Constitution, and, as a result, it does not comply with constitutional criteria.

  • PDF

The Chronic Health Effects of Work-Related Stressors Experienced by Police Communications Workers

  • Perez, Rodolfo A.;Jetelina, Katelyn K.;Reingle Gonzalez, Jennifer M.
    • Safety and Health at Work
    • /
    • v.12 no.3
    • /
    • pp.365-369
    • /
    • 2021
  • Background: Law enforcement communications (i.e., 911 dispatch and call takers) is a challenging and stressful occupation. The purpose of this study is to identify the main stressors associated with employment in law enforcement communications, and to identify and provide context to how these stressors affect workers' health and wellbeing. Methods: This research study included focus groups with 23 call takers and 911 dispatchers employed by a large, urban law enforcement agency in 2018. Thematic analyses were conducted to identify trends. Results: Four themes of stressors emerged (i.e., the high stakes nature of some 911 calls for service, understaffing, supervisor-related stress, and recruiting practice). Two health-related themes emerged as being occupation-related: weight gain and poor sleep patterns/insufficient sleep). Specifically, participants reported negative eating habits resulting in weight gain and obesity, lack of sleep and irregular sleep schedules, and development of hypertension and/or diabetes since beginning their jobs. Conclusion: Law enforcement communications professionals experience a number of the same stressors facing law enforcement officers in patrol. These stressors, combined with the sedentary nature of the job, could result in long-term, chronic health problems.

The Effect of Philippine National Wage Variation: The Top-Down Microsimulation Model

  • DIZON, Ricardo Laurio;VILLAHERMOSA, Joan M.
    • The Journal of Asian Finance, Economics and Business
    • /
    • v.8 no.3
    • /
    • pp.155-163
    • /
    • 2021
  • The study aims to investigate the effect on Philippine occupational choice of House Bill No.7787, also known as the National Wage Law, which was filled by the Philippine Congress that mandates the implementation of an across the board minimum daily wage of Php750.00 to all workers in the Philippines. This study had used the Computable General Equilibrium-Top-Down Behavioral Microsimulation approach to determine the effect of National Wage Law on occupational choice. The results of the study revealed that the implementation of said National Wage Law would affect the distribution of labor force across occupational classification such as wage workers, entrepreneurial farming activities workers, and entrepreneurial non-farming activities workers. This has resulted from a higher utility that will be derived from the wage working sector once the National Wage Law will be implemented. Further, among regions in the Philippines, the Calabarzon, National Capital Region, and Central Luzon had recorded the highest number of workers who prefer the wage income sector. The findings of the study also suggest that the Philippine agricultural sector will be greatly affected by the National Wage Law due to the preference of workers to shift from the entrepreneurial farming sector to belong to the wage sector.

A Comparative Study of The Health laws in North Korea and South Korea. (남북한 보건의료관계법규 비교분석;보건의료자원 중 시설과 인력을 중심으로)

  • Kim, Joo-Hee
    • Journal of Korean Academy of Nursing Administration
    • /
    • v.4 no.2
    • /
    • pp.321-349
    • /
    • 1998
  • Since 1990 the effort for unification has been active in each department of our society. But the study for health policy in Unified Korea has been scarce. Unified Korea should be a democracy and a constitutional state. So we should have lively discussion on the health law as well as unified general laws. The purpose of this study is to compare the health law of South Korea and North Korea and to understand the differences in them. We guess both Korea are considerably different each other. But this study found out that there are many health related laws that have same goals and contents. The reason for this is that both health laws have its root in Korea Law. And the right to health is the social basic right. whose characteristic can not be compatible with market economy and demands state intervention for securing the right to health. The health related laws are divided into 4 fileds. 1. There is a field A which is affected by unified political and economic system and differs little from the law system: the license system of medical personnel. 2. There is a field B which is seldom affected by unified political and economic system and differs little from the law system: the right and duty of medical personnel. quarantine law. 3. There is a field C which is affected by unified political and economic system and differs greatly from the law system: health institution law(exclusive of quarantine law), the laws of medical personnel category, of research center(especially per-mission, registration and establishment). of the role of basic health in private and public area. 4. There is a field D which is seldom affected by unified political and economic system and differs greatly from the law system: health equipment law(the laws of drugs, of cosmetics and of medical instrument. of blood management). the laws of health knowledge. of cooperation in chinese medicine and western medicine. the health promotion law. the rules of first-aid. the law of separation of dispensary from medical practice. The laws which are seldom affected by political and economic system can be consolidated. which in turn can be revised and enacted before unification of Korea through the interchange between North Korea and South Korea and the support to North Korea health system.

  • PDF

Postoperative Contralateral Blepharoptosis in Patients with Unilateral Blepharoptosis and Negative Hering's Law Dependence Test (헤링씨 법칙 비의존성 단안성 윗눈꺼풀처짐증 환자에서 수술 후 생긴 건측의 눈꺼풀처짐증)

  • Ha, Won Ho;Lee, Yong Jig;Park, David Dae Hwan;Han, Dong Gil;Shim, Jeong Su
    • Archives of Craniofacial Surgery
    • /
    • v.14 no.1
    • /
    • pp.36-40
    • /
    • 2013
  • Background: Correction of unilateral blepharoptosis is unexpectedly difficult because healthy eye is often affected by Hering's law. Methods: We measured changes of marginal reflex distance (MRD1) on the unaffected eyelids between preoperative and 3-month postoperative photographs after ptosis correction. This study analyzed 134 unilateral blepharoptosis patients with ptosis correction from February 2002 to February 2011. Fifty patients among them were negative in Hering's law dependence test. From the preoperative and postoperative photographs the MRD1 of unaffected upper eyelids were measured and adjusted with the average pupil diameter of Koreans. Mean age was 34.4 and male was 30 and female was 20. Average follow-up periods were 14 months. Results: Thirteenth unaffected eyes (26%) showed decreased MRD1, and 3 patients (6%) showed decreased MRD1 value over 1.0 mm. Then 3 patients needed additional operations for correction of preoperatively unaffected but ptotic eyelids. Conclusion: There were no meaningful data statistically in the value of MRD1 in every unaffected eye of the patients and in the difference between preoperative and postoperative MRD1 of groups divided according to severity, causes, and types of operation.

Mechanical evolution law and deformation characteristics of preliminary lining about newly-built subway tunnel closely undercrossing the existing station: A case study

  • Huijian Zhang;Gongning Liu;Weixiong Liu;Shuai Zhang;Zekun Chen
    • Geomechanics and Engineering
    • /
    • v.35 no.5
    • /
    • pp.525-538
    • /
    • 2023
  • The development of a city is closely linked to the construction and operation of its subway system. However, constructing a new subway tunnel under an existing station is an extremely complex task, and the deformation characteristics and mechanical behavior of the new subway tunnel during the excavation process can greatly impact the normal operation of the existing station. Although the previous studies about the case of underpass engineering have been carried out, there is limited research on the condition of a newly-built subway tunnel that closely undercrossing an existing station with zero distance between them. Therefore, this study analyzes the deformation law and mechanical behavior characteristics of the preliminary lining of the underpass tunnel during the excavation process based on the real engineering case of Chengdu Metro Line 8. This study also makes an in-depth comparison of the influence of different excavation methods on this issue. Finally, the accuracy of numerical simulation is verified by comparing it with on-site result. The results indicate that the maximum bending moment mainly occurs at the floor slab of the preliminary lining, while that of the ceiling is small. The stress state at the ceiling position is less affected by the construction process of the pilot tunnel. Compared to the all-in-one excavation method, although the process of partial excavation method is more complicated, the deformation of preliminary lining caused by it is basically less than the upper limit value of the standard, while that of the all-in-one excavation method is beyond standard requirements.

An Analysis of School Health Law in Korea (학교 보건 관계법령 분석)

  • Kim, Sang-Uk
    • 학교보건
    • /
    • s.17
    • /
    • pp.30-65
    • /
    • 1988
  • One of the first constitutional challenes to congressional legislation the area of school health came in 1967. The action of Ministry of Education for the school health progrom is within school health act constitued 20 Articles and ir\ts regulation of 14 Articles.This study was reviewed the school health act and its regulation for the developement of school healh program. The data were collected y 14 Boards of Education from November 1986 to Januar, 1987. The results of this sudy were identified the the articles with regard to health education activity, physical assessment activity, criteria of school health environment, control of communicable disease, First-Aid and clinic management by school nurses.

  • PDF