• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.163-187
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• 2011

On March 11, 2011, the Korea National Assembly finally passed the bill on the Damage Relief on the Medical Malpractice and Mediation for Medical Dispute. One of the features of this Act is including "The Subrogation Payment System for Damage (abbreviated SPSD)". This System is that 'Korean Medical Dispute Mediation-Arbitration Board' pays the damages, instead of the health care provider, for the patient who isn't paid damages by the health care provider despite of the Mediation or ruling. The purpose of this study is to search the problems and make improvement on SPSD. This System was introduced extreamly to the patients in order to induce them to the mediation. However,there remains several problems. In this articles, I have examined thoroughly the legal issues on SPSD. There are legal issues about the methods and ratio of the financial burden. In this connection, wide discretionary authority has been granted to administrative agencies specifically. On this account, this System clearly contains elements of a violation against the Constitutional Law. Moreover, this System can be broadly applied to the case of court ruling or the Korea Consumer Agency's mediation. But these measures go against the aim of legislation that the medical dispute can be resolved through the mediation or arbitration by this Act. In the end, these problems must be revised through the additional discussion.

• The Korean Journal of Emergency Medical Services
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• v.23 no.3
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• pp.53-65
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• 2019

Purpose: This study aimed to assess the awareness of good Samaritan law and attitude toward basic life support (BLS) of university students. Methods: A 29-item questionnaire survey was conducted among 147 students in A university. The participants were freshmen and sophomores who had received cardiopulmonary resuscitation (CPR) training in middle or high school. Statistical analysis was carried out using SPSS 21.0. Results: The majority (85%) of the participants knew about the good Samaritan clause in the Emergency Medical Service Act, but only about half (58.5%) knew about the Non-rescuer Act. Almost all of the patients said they would administer CPR to patients and showed a positive attitude toward BLS (3.74±0.40). Conclusion: Greater help attitude was exhibited by those who knew the good Samaritan law. These findings suggested that such education may increase their likelihood or helping in emergencies.

• The Korean Society of Law and Medicine
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• v.21 no.3
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• pp.3-33
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• 2020

Telemedicine can be defined as "medical activities performed remotely by medical personnel using information and communication technology." So far, many scholars in Korea have understood that only telemedicine between medical personnel is allowed and telemedicine between medical personnel and patients is prohibited based on Article 34 of Medical Service Act. However, Article 34 is only a restriction on the performing place of medical profession, not a prohibition on telemedicine itself. And, there are no regulations prohibiting telemedicine under the korean medical law. So, it is difficult to say that telemedicine is generally prohibited under the korean medical law, apart from the health insurance medical treatment benefit standards. However, there is controversy in interpretation regarding the meaning of "direct diagnosis" in Articles 17 and 17-2 of Medical Service Act. The Constitutional Court of Korea interpreted this as "face-to-face diagnosis", while the Supreme Court of Korea interpreted it as "self diagnosis". In light of the dictionary meaning of 'direct' and the interpretation of related medical law regulations, I think the Supreme Court's interpretation is valid. Although "direct diagnosis" does not mean "face-to-face diagnosis", the concept of "diagnosis" implies "principle of face-to-face diagnosis". In addition, "non-face-to-face diagnosis" are only allowed to supplement "face-to-face diagnosis", so the problems caused by "non-face-to-face diagnosis" can be fully overcome. In the end, the limit of telemedicine is how faithful the diagnosis was.

• Korean Medical Education Review
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• v.22 no.3
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• pp.189-197
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• 2020

The goal of this study is to present efficient measures to improve the quality of medical education through using a developed and applied continuous quality improvement (CQI) model suitable for medical education. To achieve this purpose, we developed a theoretical CQI model through a review of the literature according to the design-based research method. Through repetitive productive cyclical processes and professional reviews, we finally deduced an appropriate CQI model for medical education. The most important results of this study are as follows: First, the CQI model for medical education is defined as a quality management system with a cyclical course of planning, implementation, evaluation, and improvement of medical education. Second, the CQI model for medical education is composed of quality management activities of educational design, work, and evaluation. In addition, each activity has the implementation strategies of planning, doing, checking, and improving based on the PDCA model (Plan-Do-Check-Act model). Third, the CQI model for medical school education is composed of committees related to medical education doing improvement activities, as well as planning, implementing and evaluating it with CQI. As a result, we can improve teaching by using the CQI model for medical education. It is more meaningful because this gives us organized and practical measures of quality management and improvement in medical education as well as in the educational process.

• Health Policy and Management
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• v.22 no.3
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• pp.315-346
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• 2012

The legal relationship between patient and physician is legally equal relationship. But, in times past, patients be compelled to sign an unequal contract, substantially. Because of the imbalance between supply and demand in the health care market. Today, the law of supply and demand in the health care market is running well. And as the cognition of citizens' rights grows, the relationship between patient and physician can also get a lot of changes. Patients have the right to know the information about medical care, and to decide whether or not to get treatment including invasions against their own bodies. In other words, Doctors have an obligation to explain to their patients. If doctors did not provide patients sufficient explanation or information, it violates the right of patients. This is a tort, or a breach of contract. To improve the remedy for violation of patient's right, patient is able to be protected by status as consumer. If patient is a kind of consumer in terms of medical consumption, he/she as consumer can enjoy supplementally the consumer's right. The patient as a consumer can exercise now a consumer's right as a constitutional right. In addition, with respect to consumer's rights, Framework Act on Consumers was enacted. This Act is based on constitutional provisions of Article 124 and the Act can be seen as a law that embodies consumer right because the provision of the constitutional law delegates specific contents. In the health care field, patients need to win recognition the statue of the consumer to hold the sovereignty of the consumer. In particular, if patients are consumers, they may be able to make good use of the quickly and efficiently collective dispute resolution and association lawsuit to rescue their damage, the Alternative Dispute Resolution(ADR) of Framework Act on Consumers.

• Journal of the Korean Institute of Educational Facilities
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• v.21 no.6
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• pp.15-16
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• 2014

• The Korean Society of Law and Medicine
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• v.14 no.2
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• pp.119-142
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• 2013

It is not easy to regulate the amount of radiation used for the medical purpose as there usually is more good than harm to the patient's health and life caused by the medical exposure to the radiation. However, the rapid increase of the use of diagnostic radiation involves a high possibility of increasing the radiation hazard exposure. Therefore, it is imperative to implement effective regulations in order to secure the safety of diagnostic radiation. The one and only rule we currently have for the diagnostic radiation is "Medicine Act" with only one clause dedicated to regulate the safety management that does not include any rules for the medical radiation. A set of inclusive rules for the whole medical radiation inclusive of diagnostic radiation and therapeutic radiation need to be based on the "Medicine Act" rather than "Nuclear Safety Act" in order to protect the medical professionals, patients and the guardians of patients from the hazards of diagnostic and/or therapeutic radiation that was not used the purpose of medical treatment. If there is an administrative measure to be imposed to secure the safety of diagnostic radiation, it is considered as exertion of governmental authority of administrative agency. There must be clear and realistic legal guidelines for in-fringe on people's interests. The administrative measures for the safety management of the diagnostic radiation must be clearly and specifically based on the law and the detailed standards for the administrative measures must be dele-gated by the presidential decree or departmental ordinance. Accordingly, the restrictions imposed by the administrative measures to the "Safety Inspection Institute of Radiation along with Radiation Exposure Measuring Institutes" should have clear legal basis as well and the detailed standards for the administrative measures should be regulated by the Ministry of Health and Welfare decree instead of the notification by the Director of Korean Centers for Disease Control and Prevention. While securing the safety of radiation on one side, careful review and up-grade on our legal system for the safety management of the diagnostic radiation is required on the other side to guarantee the legality, interest balance and reliability of the administrative measures.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.3-33
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• 2020

Until recently the German and the South Korean medical associations reacted cautiously to the introduction of telemedicine between doctor and patient which is exclusively on the platform conducted. But the General Assembly of German Physicians voted to lift the ban on remote treatment with the amendment to Section 7 (4) MBO-Ä(Medical Association's Professional Code of Conduct) in 2018 and the situation has been fundamentally changed in Germany. From then until now 16 of 17 rural medical associations have changed their professional code to allow telemedicine. In addition the legislature started to prepare the basis for the introduction of the electronic health card (eGK) and the telematics infrastructure. So far, various laws such as Medicinal Products Act, Drug Advertisement Act and Social Code have been changed to support legalization of telemedicine and digitalization of health care. Unlike in Germany, the social circumstances such as excessive centralization of the big hospitals in Seoul and the resulting concern of small medical practices for profitability are the main obstacles to the introduction of telemedicine. However the German approach how to legalise the telemedicine and to prepare for legal and technical infrastructure is also interesting in South Korea. The discussions for and against the changes in the law and the telematics infrastructure attempted by the German government for several years indicate that not only lifting the ban on remote treatment, but also harmonization of all the related legal system could guarantee successful implementation of telemedicine.

• Women's Health Nursing
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• v.30 no.2
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• pp.101-106
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• 2024

This paper discusses the implications of the birth notification system and the Protected Birth Act in Korea. Aiming to prevent infanticide and abandonment of infants, the law will enter into force on July 19, 2024 in South Korea. The birth notification system mandates that both parents and the head of the medical institution where the birth occurred must report the event. In parallel, the Protected Birth Act will be implemented, allowing pregnant women in crisis who wish to remain anonymous, the option to give birth outside of a hospital setting in a way that safeguards the life and health of the child. However, many issues are being raised in Korean society in advance of the implementation of the Protected Birth Act. There is widespread concern that the Protected Birth Act fails to protect either women or children, especially as it raises issues regarding the need for legislation to protect children with disabilities and to address gaps for migrant women and children. This paper examines the gender and healthcare issues relating to the Protected Birth Act, focusing on women's health and human rights. The Act continues to perpetuate discrimination against out-of-wedlock pregnancies and upholds the ideology of the traditional family model. Furthermore, the legislative process did not address protective measures for the various reasons behind child abandonment. Critical issues such as women's autonomy, safe pregnancy termination, and paternal responsibility in childbirth are also notably absent. However, with the Act set to take effect soon, it is crucial for healthcare providers to comprehend the rationale and procedures associated with birth notification and the Protected Birth Act, and to prepare for its nationwide implementation. The law defines the socially vulnerable as its main beneficiaries, and it is necessary to strengthen social safety nets to improve their access to healthcare, eliminate prejudice and discrimination against out-of-wedlock pregnancies, and embrace the diversity of our society. We eagerly anticipate future discussions on gender and healthcare issues, as well as amendments to the law that reflect real-world circumstances to provide genuine protection for pregnant women in crisis and their infants.

• Journal of Korean Medical classics
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• v.3
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• pp.501-552
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• 1989

In this thesis, I intend to study the translational and clinical interpretation through the theory of Eum-Yang-Li-Hap', and reached the following conclusions. 1. 'Eum-Yang (陰陽)' in title, means Yin and Yang as method of understanding nature or humanbody, and 'Li-Hap (離合)' in title, means classification and getting together. Especially there are a view that Eum Yang in title means only meridinans within the limit of human body, but the limit needn't, because the word 'Li-Hap of 3Yin-3Yang (三陰三陽之離合)' as meaning of human meridians in the text. 2. The content of the text is generally seperated into 3 parts, the 1st part contents properties of Li Hap of Yin and Yang. 2nd and 3rd parts content the explanation of property of 3Yin and 3Yang, as example of human meridians with local conception, and content nicknames of 3Yin-3Yang and present the Ideo of 'Kae-Hap-Choo (開闔樞)'. 3. 3Yin-3Yang in the text, many of annotators tried to explanate by three types of conception, of human meridians, of the 'Viscera-Bowels (臟腑)', or of the 'Element motions and Natural factors (運氣)'. I think that these three conceptions could be mixed when the text was written, and regarde for the present that 3Yin-3Yang is explanated by the conception of human meridians. 4. 'Eum (陰)' the head-letter of the nicknames of 3Yin-3Yang, I think that it means 'Jok-Gyeong (足經)' related with the words 'The earth belongs to Yin (地爲陰)' in the text. And it i s considered that further studies should be followed on the tail-words of 3Yin-3Yang's nicknams. 5. Kae-Hap-Choo, Used in similitude" as 'Li (離)' of 3Yin-3Yang, are seperated functions by location of 3Yin-3Yang. In text 'Tae-Yang (太陽)' and 'Tae-Eum (太陰)' act as 'Kae (開)', 'Yang-Myeong (陽明)', and 'Gweor-Eum (厥陰)' act as 'Hap (闔)', 'So-Yang (少陽)' and 'So-Eum (少陰)' act as 'Choo (樞).' But there is other theory that Gweor-Eum act as Choo, and So-Eum act as Hap. 6. The theory of Kae-Hop-Choo, including only Jok-Gyeong being main materials of 'Yook Gyeong-Byeon-Jeung (六經辨證) had influence on development of clinical studies. If the theory of Kae-Hap-Choo receives and unions the ideos of '3 burning-Spaces (三焦)', metabolism, etc. more development of medicine is expected.