• The Korean Society of Law and Medicine
• /
• v.7 no.2
• /
• pp.137-178
• /
• 2006

The purpose of this paper is to analyse the present situation and legal problems of u-health. U-health plays an important role in enlarging the healthcare service and making the healthcare service efficient. The use of Korean excellent IT technology can lead us to a world wide competitive healthcare industry. Although u-health has the weakness in privacy protection, the usefulness and convenience of u-health is great. Therefore we must analyse the legal issues of security technology, RFID, telemedicine and EMR pertaining to u-health and construct the appropriate legislative structure to resolve the legal problems of u-health.

• Journal of Korean Society of Occupational and Environmental Hygiene
• /
• v.32 no.2
• /
• pp.89-101
• /
• 2022

Objectives: By comparing and examining how important issues concerning industrial health information for workers are viewed in other advanced countries, it is intended to ascertain problems in the approach found in Korean legislation and obtain legal and policy implications. Methods: The results of a survey were introduced and analyzed through a comparative method for each case after investigating in detail what and how important issues surrounding workers' right to know industrial health information are reflected in the legislation of Germany, the U.S., the U.K., and Japan. Based on the results of this comparative analysis, theoretical and policy implications and legal policy improvement tasks were drawn to strengthen workers' right to industrial health information for each case in Korea. Results: For access to industrial health information, most of the other advanced countries clearly stipulate a right to access for current and past workers and/or their representatives. As a result, workers or their representatives do not need to use the Information Disclosure Act to access exposure records, and there is no debate over the Information Disclosure Act. In other words, industrial health information is focused on ensuring free access to workers or their representatives and is not interested in reporting it to the government. Conclusions: In order to strengthen workers' right to know about industrial health, it is most important to address the legal issues related to this right, which is considered insufficient by comparative law. This should start with a concrete and effective definition of what and how to guarantee workers' rights to industrial health, such as the right to freely access industrial health information, including for retired workers and bereaved families of deceased workers.

• Journal of Korean Biological Nursing Science
• /
• v.7 no.1
• /
• pp.15-28
• /
• 2005

Purpose: With post-Genome Project, nurses must be able to incorporate genetic knowledge into their practice. The purpose of the present study aimed at providing the basic information needed to establish an education program for the training of nurses specialized in genetic counseling by comparing and analyzing the education contents in genetics of the various domestic and foreign nursing education institutions, identifying the problems of the existing programs, and investigating the current state of domestic genetic counseling programs. Result: The results of literature review were summarized as follows: Common curricula contents in Korea, Japan and U.S.A. were basic genetic knowledge, genetic counseling and prenatal diagnosis. However, In Korea the curriculum was not included legal, ethical, and social issues. In U.S.A. the course was focused on health promotion related to genetics. The expanded role of nurses is to provide the genetic counseling for clients and their families. So, this articles provided a sample of the new genetic counseling program for nurses which are included basic genetics, genetic counseling, nurse's role and knowledge, legal, ethical, social issues and practicum. Conclusion: this study suggests that this educational program is to brought up genetic specialized nurses in the master's course in the near future.

• Issues in Feminism
• /
• v.10 no.1
• /
• pp.123-158
• /
• 2010

For the last several months, abortion debates have sparkled in Korea. The government has escalated the need of active punishment of illegal abortions to solve low fertility problems, while some obstetricians and gynecologist have proclaimed stoppage of illegal abortions suing colleague doctors who has conducted illegal abortions. Women's rights groups and researchers have also responded to the abortion debate claiming that women's decisions over their pregnancy are important in making of abortion policies. To contribute to Korean abortion debates, his paper aims to analyze European experiences of abortion polices in relation to the consequences on women's health. For the analysis of European abortion experiences, three countries - Ireland, U.K, and Netherland -are chosen. These three countries are selected since their legal and social acceptance of abortion and the level of safe abortion system are different. Each country is reviewed by national abortion policy, legal regulation, medical system and the role of civil society. The analysis shows several implications for abortion debates occurring in Korea. Various systematic policy mechanisms - abortion on women' request, abortions without complicated doctor's referrals, transparent and anonymous counseling and information provision regarding abortion, training and education for medical professionals to guarantee high quality abortion, abortions funded publicly for women to improve their access to abortions, steady monitoring and auditing abortion procedures and outcomes for safe abortion and so on - are required in Korean society. Two track procedures - safe abortion on women's request and prevention of unwanted pregnancy - are needed for reproduction of healthy women and society.

• Journal of Digital Convergence
• /
• v.11 no.6
• /
• pp.275-287
• /
• 2013

This study aims to derive implications on current problems in the nursing manpower management in Korea through the comparison with the nursing workforce and employmentrent in the United States and Japan. There are various issues in nursing policy, such as nursing shortage, quality of the nursing service, and the increased cost of management due to the high turnover rate of nursing staffs and it is urgent to seek various policy measures to resolve this. Although nursing shortage is a commom problem in the world, the U.S. and Japan were higher rate of employment than Korea in nursing staffs, which implicates the importance of the legislation of mandatory minimum staffing ratios, the establishment of policies such as the fees and charge policy and the nursing work environments. For quality nursing care and patient safety through the stable workforce of qualified nursing staffs, administrative mechanisms that support adequate nurse staffing and promote positive work conditions are needed, for which the improvement of legal system is required.

• Journal of Community Nutrition
• /
• v.1 no.2
• /
• pp.75-80
• /
• 1999

Special nutritional foods are one category of processed foods. In this category, 5 different food standards are defined in the current rule of the Korean Food Code ; that is, infant formulae, complementary foods for infants and young children, foods nutrient supplementation, processed dietary fiber-based foods, and foods for special dietary uses. The major differences between the special dietary uses. The major difference between the special nutritional foods and the other processed foods is that the special nutritional foods are characterized by their dietary uses for specific population groups rather than food ingredients or manufacturing and processing techniques which characterize and distinguish most of other processed foods. Although several countries establish similar standards for this type of foods, they use different legal names such as foods for special dietary uses(U.S.A., CODEX, Japan), foodstuffs intended for particular nutritional uses(EC), or special purpose foods(Australia). In addition, there are some other differences in the definitions for these food types and categorization of food types among countries. The major difference in the definitions is the description of 'special dietary uses' by specifying certain population groups whose nutrient requirements are different from those of ordinary men due to physiological or physical conditions and therefore may not be sufficiently met by consuming ordinary foods. The categorization of this type of foods is based on the type of dietary uses in the other countries, whereas we include foods simply supplemented with nutrients or foods having certain components such as dietary fibers even if these foods types do not have special dietary sues. Recently, a revision of standards for special nutritional food has been proposed. However, the description of 'special dietary uses' is not clearly indicated in the definition, and some food types which should not be categorized into the special nutritional foods still remain in this category. In order to correct these problems, the standard of food labeling in the Food Safety Law needs to be revised along with revision of food standards in the Food Code.

• The Korean Society of Law and Medicine
• /
• v.20 no.1
• /
• pp.133-162
• /
• 2019

Due to the nature of medical malpractice lawsuits, it is difficult for medical consumers, who are weak in getting information when it comes to health care problem, to secure all information inside the hospital. Even if you are confident about the hospital infection, it is true that people have difficult to obtain medical testimony by expert. It is seen as no easy task to testify to the malpractice of colleagues who work in the same field not only in our country but also abroad, when a doctor gives negative testimony to another doctor in a medical malpractice lawsuit. Although few health care providers will be motivated to take medical care from the outset, testimony or statements from a medical practitioner can have a significant impact on the outcome of a lawsuit, as it is impossible for the patient to control or be aware of the whole process of medical conduct, especially in the event of a hospital infection and the victim. If the hospital can prove the causality of damages caused by negligence of the employees or supervision of the hospital itself in a medical suit caused by the infection, the level of protection of the victim could be raised further. We sought to find a solution to these problems by looking at the provisions of other laws related to hospital infection. In particular, as the comparative legal review regarding hospital infection, Germany's legislative precedent sets a medical contract as a typical civil law contract, so it is thought that looking at German civil law regulations also has implications for Korean law. We also tried to improve the French Special Act 'rights of patients' and we can look at the consequent changes in court cases. Finally, the content of the U.S. case's and the theory of 'the doctrine of res ipsa loquitur' in relation to it show that doctors and hospitals have been forced to shift the burden of proof through this theory. This paper tried to find out the implications of mitigating the burden of proof by reviewing various issues that might be related to medical litigation of hospital infection from a comparative point of view.

• The Korean Society of Law and Medicine
• /
• v.18 no.1
• /
• pp.237-264
• /
• 2017

With the onset of the Human Genome Project, social concerns about 'genetic information discrimination' have been raised, but the problem has not yet been highlighted in Korea. However, non-medical institutions' genetic testing which is related to disease prevention could be partially allowed under the revised "Bioethics and Safety Act" from June 30, 2016. In the case of one domestic insurance company, DTC genetic testing was provided for the new customer of cancer insurance as a complimentary service, which made the social changes related to the recognition of the genetic testing. At a time when precision medicine is becoming a new standard for medical care, discipline on genetic information discrimination has become a problem that can not be delayed anymore. Article 46 and 67 of the Bioethics Act stipulate the prohibition of discrimination on grounds of genetic information and penalties for its violation. However, these broad principles alone can not solve the problems in specific genetic information utilization areas such as insurance and employment. The United States, Canada, the United Kingdom, and Germany have different regulations that prohibit genetic information based discrimination. In the United States, Genetic Information Non-Discrimination Act takes a form that adds to the existing law about the prohibition of genetic information discrimination. In addition, the range of genetic information includes the results of genetic tests of individuals and their families, including "family history". Canada has recently enacted legislation in 2017, expanding coverage to general transactions of goods or services in addition to insurance and employment. The United Kingdom deals only with 'predictive genetic testing results of individuals'. In the case of insurance, the UK government and Association of British Insurers (ABI) agree to abide by a policy framework ('Concordat') for cooperation that provides that insurers' use of genetic information is transparent, fair and subject to regular reviews; and remain committed to the voluntary Moratorium on insurers' use of predictive genetic test results until 1 November 2019, and a review of the Concordat in 2016. In the case of employment, The ICO's 'Employment Practices Code (2011)' is used as a guideline. In Germany, Human Genetic Examination Act(Gesetz ${\ddot{u}}ber$ genetische Untersuchungen bei Menschen) stipulates a principle ban on the demand for genetic testing and the submission of results in employment and insurance. The evaluation of the effectiveness of regulatory framework, as well as the form and scope of the discipline is different from country to country. In light of this, it would be desirable for the issue of genetic information discrimination in Korea to be addressed based on the review of related regulations, the participation of experts, and the cooperation of stakeholders.