• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.195-223
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• 2014

Nurses are medical care providers most closely associated with the national health. Their works are subdivided and specialized, and it is such a factor making nurse's role more important, and with the appearance of specialized nurses, they have secured a position as an independent medical care provider. As the domain of nurse's service becomes broader, there are more accidents and disputes related to nurses. However, there are not many studies conducted on such problems, and even when medical disputes take place related to nurses, the court does not make consistent judgments as a matter of fact. Besides, as the ambiguity of nurse's range of service and the lack of nursing workforce work as a factor causing nurse's medical malpractice, more legal discussions and studies are required to seek proper solutions to such problems. Thus, as a plan to clarify legal issues likely to occur due to nurse's medical practice, this study classified nurse's work into medical assistance practice and other jobs based on their own independent judgments, and proposed establishing concrete regulations on the range of their work, while reviewing common problems extracted from precedents related nurse's medical malpractice. Moreover, while examining Japanese precedents related to the Act of Medical Service Personnel, Nurses and Midwives, which is the sole act of nurses in Japan, this study reviewed the necessity of revising the present nurse-related regulations in Medical Service Act, or enacting a sole act of nurses.

• The Journal of Asian Finance, Economics and Business
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• v.7 no.10
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• pp.369-376
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• 2020

Credit capital from customers' savings deposit (CSD) of banks has an important meaning in the business activities of the banking industry. There are many factors that influence the CSD satisfaction with banks. Certain changes have been made when there are fluctuations due to COVID-19. The article is based on an analysis assessing the factors that influence the CSD satisfaction of Vietnamese commercial banks in the context of COVID-19. The authors use a sample of 1,639 CSD. The results show that there are three variables that positively affect CSD satisfaction, including legal provisions of the Central bank (Legal), policies and mechanisms of commercial banks (Policy), and products of commercial banks (Product). Accordingly, in order to contribute to strengthening this capital mobilization of savings deposit, the Central bank of Vietnam needs to play a pivotal role in the regulations of the banking system to ensure its stability; control well monetary policy, interest rates, and inflation to keep a stable position in the economy; and provide timely financial support packages to enhance the confidence of CSD. Moreover, Vietnamese commercial banks need flexible policies and mechanisms to stimulate CSD; strengthen support on deposit rates for CSD; and diversify products to easily adapt to each CSD's situation.

• Archives of Plastic Surgery
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• v.46 no.1
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• pp.75-78
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• 2019

It is difficult to differentiate acute skin failure (ASF) from pressure ulcer (PU). ASF is defined as unavoidable injury resulting from hypoperfusion caused by severe dysfunction of another organ system. We describe a case of ASF mistaken as PU that resulted in a legal dispute. A 74-year-old male patient was admitted to our intensive care unit with sepsis due to bacterial pneumonia. Despite the use of air cushions and regular position changes, skin ulcerations occurred over his occiput, back, buttock, elbow, and ankle. After improvement in his general condition, he was transferred to the department of plastic and reconstructive surgery. Debridement was performed immediately, followed by conservative treatment (including a vacuum-assisted closure device) for 6 weeks. The buttock and occiput wounds were treated surgically. Despite complete healing, his caregivers sued the hospital for failing to prevent PU formation. ASF is a pressure-related injury resulting from hemodynamic instability due to organ system failure. Unlike PU, ASF may occur despite the implementation of all appropriate preventive measures. Furthermore, misdiagnosis of ASF as PU can lead to litigation. Therefore, it is critical for the proper diagnosis to be made quickly, and for physicians to explain that ASF occurs despite proper preventative treatment.

• Journal of the Korean Association of Oral and Maxillofacial Surgeons
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• v.43 no.5
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• pp.318-323
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• 2017

Objectives: Mandibular angle reduction or reduction genioplasty is a routine well-known facial contouring surgery that reduces the width of the lower face resulting in an oval shaped face. During the intraoral resection of the mandibular angle or chin using an oscillating saw, unexpected peripheral nerve damage including inferior alveolar nerve (IAN) damage could occur. This study analyzed cases of damaged IANs during facial contouring surgery, and asked what the basic standard of care in these medical litigation-involved cases should be. Materials and Methods: We retrospectively reviewed a total of 28 patients with IAN damage after mandibular contouring from August 2008 to July 2015. Most of the patients did not have an antipathy to medical staff because they wanted their faces to be ovoid shaped. We summarized three representative cases according to each patient's perceptions and different operation procedures under the approvement by the Institutional Review Board of Seoul National University. Results: Most of the patients did not want to receive any further operations not due to fear of an operation but because of the changes in their facial appearance. Thus, their fear may be due to a desire for a better perfect outcome, and to avoid unsolicited patient complaints related litigation. Conclusion: This article analyzed representative IAN cutting cases that occurred during mandibular contouring esthetic surgery and evaluated a questionnaire on the standard of care for the desired patient outcomes and the specialized surgeon's position with respect to legal liability.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.31-55
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• 2009

This study attempts to provide a comparative overview of the liability systems Korean law and the PELS adopt, that is, the approaches taken by Korean law and the PELS to deal with various irregularities of contractual performance. In addition, it examines in a comparative way the questions of what is the position of the seller's liability for his delivery of defective goods under the chosen liability system and what is the legal nature of the seller's liability. The study finds that the dual liability system taken by Korean law has caused some complexities as to the matter of which liability is applicable in some borderline cases. The problem in such complexities is originated in that the remedies available and the limitation period applicable are differentiated in accordance with one's different categorization among three types of default under the general liability and defective performance under the seller's guarantee liability. In this light, the study argues that the unified liability system under the PELS is superior because its concept of non-performance embraces in a unitary manner all the aspects of default including defects in quality, quantity and title. In addition, it finds that Korean law has suffered endless debates on the question of what are the true contents of the same remedies of rescission and damages provided under the seller's guarantee liability as under the general liability. The debates have been come along on the basis of the traditional presumption among some of civil law jurisdictions that two liabilities be different in terms of not only their legal nature but also their contents of remedies. The study argues that the problem may be circumvented, first, by another way of thinking that the unified liability in Korean law is inferred from the specification of the identical remedies for both the general liability and the seller's guarantee liability under the KCC, second, by the preposition that the requirement of fault be depended upon what remedy the buyer seeks to claim rather than what liability he does to rely on.

• Journal of dental hygiene science
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• v.20 no.2
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• pp.97-106
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• 2020

Background: In Korea, laws for many medical technicians were revised in the Enforcement Decree of the Medical Technicians Act (MTA), which was announced on December 2018, whereas those related to dental hygienists remained unchanged. This study aimed to determine the awareness and opinions of dental hygienists regarding MTA. Methods: Dental hygienist were recruited as participants via convenient sampling in Seoul, Gyeonggi-do, and Chungcheong-do; data from 291 self-reported questionnaire responses were used for the final analysis. We investigated the participants' general characteristics, awareness, and request for the amendment of the MTA. The compliance with the work scope specified in the MTA and level of demand for revision of the MTA were analyzed by independent t-test and one-way analysis of variance. For all statistical analyses, the significance level was set at 0.05. Results: For the 2018 MTA revision, 99 (34.02%) knew that dental treatment assistance and surgery assistance were excluded, whereas 192 (65.98%) did not know. The item "The current medical technician law must be revised" was scored 4.13±0.80 out of 5 points, and significant differences were identified according to the education level, career, and position (p<0.05). The item "It is necessary to institutionalize the expanded work scope beyond the work scope of dental hygienists specified in the MTA" was scored 4.02±1.04 out of 5 points, and significant differences were identified according to age (p<0.05). Conclusion: The participants wanted the MTA to be revised to reflect the real-world work performed by dental hygienists in the dental clinical field. The legal system must ensure the legal protection of the work area of the dental hygienist as an oral health professional, and recognize the legal work scope of the dental hygienist.

• Journal of Digital Convergence
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• v.13 no.1
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• pp.439-447
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• 2015

The game industry has a very important position. However, a problem with the game rating and legal issues so called "Internet Game Shutdown System" is with significant impact. So, this study looking for many information on this issue, over the course of the study of solutions was looking for a way to contribute to the game industry. The status of the domestic game industry and the institutional and legal problems were studied. In this study, for the development of the game industry, the government's policy support is needed. And game related-government agencies should be the maintenance of law and institutions and reasonable arrangements for the work of government agencies.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.87-123
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• 1989

The purpose of this thesis is to do a research on suppression of peacetime international terrorism and penal system of terrorists by political and economic means. International terrorism means wanton killing, hostage taking, hijacking, extortion or torture committed or threatened to be comitted against the innocent civilian in peacetime for political motives or purposes provided that international element is involved therein. This research is limited to international terrorism of political purposes in peacetime, especially, hijacking of civil aircraft. Hijacking of civil aircraft include most of international terrorism element in its criminal act and is considered to be typical of international terrorism in view of multinationality of its crews, passengers and transnational borders involved in aircraft hijacking. Civil air transportation of today is a indispensable part of international substructure, as it help connect continuously social cultural and economic network of world community by dealing with massive and swift transportation of passengers and all kinds of goods. Current frequent hijacking of civil aircraft downgrade the safety and trust of air travel by mass slaughter of passengers and massdestruction of goods and endanger indispensable substructure of world community. Considering these facts, aircraft hijacking of today poses the most serious threat and impact on world community. Therefore, among other thing, legal, political, diplomatic and economic sanctions should be imposed on aircraft hijacking. To pursue an effective research on this thesis aircraft hijacking by six Chineses on 5th May, 1983, from mainland China to Seoul, Korea, is chosen as main theme and the Republic of Korea's legal, political and diplomatic dealing and settlement of this hijacking incident along with six hijackers is reviewed to find out legal, political diplomatic means of suppression and solution of international terrorism. Research is focused on Chinese aircraft hijacking, Korea-China diplomatic negotiation, Korea's legal diplomatic handling and settlement of Tak Chang In, mastermind of aircraft hijacking and responses and position of three countries, Korea, China and Taiwan to this case is thoroughly analyzed through reviewing such materials as news reportings and comments of local and international mass media, Korea-China Memorandum, statements of governments of Korea, China and Taiwan, verdicts of courts of Korea, prosecution papers and oral argument by the defendants and lawyers and three antiaircraft hijacking conventions of Hague, Tokyo and Montreal and all the other instruments of international treaties necessary for the research. By using above-mentioned first-hand meterials as yardsticks, legal and political character of Chinese aircraft hijacking is analyzed and reviewed and close cooperation among sovereign states based on spirit of solidarity and strict observance of international treaties such as Hague, Tokyo and Montreal Conventions is suggested as a solution and suppressive means of international terrorism. The most important and indispensable factor in combating terrorism is, not to speak, the decisive and constant resolution and all-out effort of every country and close cooperation among sovereign states based on "international law of cooperation."

• The Journal of Information Technology
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• v.3 no.3
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• pp.39-55
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• 2000

Internet Trade is the new type of business transaction, which sells and advertises the product and services by using the Internet, which is spreaded rapidly to the world. Under these circumstance, our country should discuss the proper position and role as the center in the trade amount in the world trade market, and face the irresistible changes of trade environment. First, in the institution and legal aspect. Second, the price payment system of the internet trade. Third, the so-called infra construction, the physical sector for activating the internet trade, the comprehensive plan of super-highway information communication net work by the government authorities is expected to be promoted. There is no perfect solution that internet trade could be completely done in front of monitor and will be solved one by one along with the development of electronic commerce. At last, the government's and industry's joint positive concern and participation in the rapidly changing new world trade trends of internet trade is expected fit for our position in the world.

• Journal of Society of Preventive Korean Medicine
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• v.19 no.3
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• pp.77-90
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• 2015

Objective : The purpose of this study is to discuss the role and ways to improve the position and rights of Korean Medicine Doctors (KMDs) working at long-term care hospitals (LTCHs) through survey analysis. Method : (1) The legal and institutional position of KMDs is studied using current law and related papers. (2) The online survey was conducted through KMD community websites, targeted at KMDs working at LTCHs. Results : (1) Whereas there is perceived added benefit for the eight specializations for a specialist of Western medicine at LTCHs, in the case of a specialist of Korean Medicine, their value is not institutionally recognized at all. (2) A Western inpatient's medical fee is more than a Korean inpatient's medical fee, and the individual fee for the same medical treatment is also higher in Western hospitalization. So, Korean medical hospitalization actually cannot be made. Because of that, Korean Medicine Doctors find it difficult to be primary care physicians. (3) Musculoskeletal diseases and the aftereffects of cerebrovascular diseases were the most common chief complaints addressed in Korean medical consultations. Conclusion : This study shows that KMDs working at LTCHs have suffered many kinds of inequality. That is because of the limited medical scope of the current medical system and real constraints from the gap in Korean-Western medical fees by the National Health Insurance Corporation. Therefore, it is necessary to eliminate these variations along with revising the statute with continuous research.