• The Journal of Korean Medical History
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• v.36 no.2
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• pp.27-48
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• 2023

This study identifies 164 Korean medicine practitioners among the independence activists and describes the types and characteristics of their independence movements. Their occupations included apothecary pharmacist, herbalist, and medicine dealer. They originated from Gyeongbuk, Hamnam, Pyeongnam, and Gyeongnam, with a higher proportion of Hamnams compared to independence fighters. Their ages are concentrated in the 30s and 40s. Their movements are similar to those of independence heroes, in the order of domestic resistance, the March 1 Movement, and Manchurian resistance. The crimes are Security Law, Exorcism No. 7 of the 8th Reign of Daejeong, Public Order Maintenance Law, and attempted murder. In terms of sentences, the proportion of those sentenced to five years or more in prison is higher, and the proportion of those sentenced to less is lower. The above independence movements in Korean medicine practitioners are characterized by (1) the use of direct force, (2) long-term and planned struggle, (3) the provision of contact points and funding sources, (4) a nationalist line, and (5) low socialist-communist share.

• The Korean Society of Law and Medicine
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• v.19 no.1
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• pp.113-142
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• 2018

In recent years, there have been opinions in which physicians are liable to the revocation of their medical license if they are sentenced to above a certain level for criminal charges regardless of the types of offenses. Accordingly, a revised bill of law was submitted in the National Assembly, and related discussions are thus expected to commence. Considering the morality and ethics or the level of the rule of law that the general public expects of physicians, as well as the license revocation system in other professional sectors, it is assessed that medical license revocation due to criminal convictions of physicians is appropriate to some degree. However, if a poorly devised system is established based on unrefined inferences or emotional judgements, unexpected side-effects are likely to arise. With regard to serious criminal acts that society generally perceives as unacceptable, it can be assessed that the revocation of physicians' licenses would appropriately protect the general public from threats. However, given the life-saving characteristics of high-risk medical practices, higher malpractice exposures, and social values, it is difficult to assess charges of professional negligence resulting in death(or in injury) and minor offences in the same manner as anti-social criminal offences are handled. Physicians need to be treated the same as any other professions. At the same time, they are engaged in administering medical treatment to patients in the face of great risks as professionals. Under the circumstances, a discussion on the introduction of a more specific and empirical system is needed by considering the intrinsic characteristics of medical treatment and the need for an equitable health and medical policy. Accordingly, based on the above judgment and perception, this study explores the code of ethics for physicians and medical license revocation related to criminal offences at home and abroad, and examines various legislative alternatives appropriate for the Republic of Korea. In doing so, the purpose of the study is to contribute to the development of a reasonable system for handling criminal offences by physicians.

• The Korean Society of Law and Medicine
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• v.20 no.2
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• pp.111-140
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• 2019

The Bioethics and Safety Act provides a set of rules to regulate biobanks and research activities using human biological material, but the law seems to be defective in several folds. The law requires that, prior to collection or use of human biological materials, researchers should obtain the informed consent of the donors, but the law does not obligate biobanks to do so. Even in cases where the law requires informed consent, the ordinance of the Ministry of Health and Welfare allows open (or blanket) consent. In addition, a new article in the Act, Article 42-2 which will take effect from October 24, 2019, allows medical institutions to provide biobanks with remaining biospecimens collected in the course of diagnosis and treatment, unless the donors express their intent to opt-out, without obtaining specific consent from them. Given the need to protect the autonomy of donors and the unique characteristics of biobanks and research activities that use human biological materials, this paper concludes that such open consent-based law may not be suitable to protect the autonomy of the donors and that the broad consent requirement may be a desirable policy option. The paper acknowledges that the international community has long questioned whether broad consent (as well as open consent) is an effective choice to regulate the use of human biological materials. The paper stresses that the baseline requirement in designing the law is that the secondary use of human biological materials should be based on informed consent of the donors; the core value of the law should be a governance structure that promotes transparency and protects donor participation.

• The Korean Journal of Emergency Medical Services
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• v.5 no.1
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• pp.133-145
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• 2001

The scale of disasters is very large, also the influence of disasters is irreversible. Korean people has continuously learned how to deal with disaster management law. However, as time goes by after the many disaster, the concern with the disaster management by the people seems to become old and banal topic which nobody has interest in. If so, can it be said that our society is safe from the disaster? This study start from critical mind of asking this question. This study puts an emphasis on the problems such as following; To realize whole concept of disaster management provided in the basic civil defense law, the combined disaster management should be required to be established, the combined law should play a integral part for prevention for the disaster and should be a concrete basis of various laws for disaster management. Establishing a consolidated organization for disaster managing and united response organization is necessary. This consolidated organization is not temporary one such as civil disaster control headquarter but permanent one such as Disaster Management Office which controls an over all aspects of disaster management. Temporary organization should not be divided into natural calamity and man-made calamity but integrated one as a single control tower for all sorts of disasters. The police and army under fire fighting system should be reconsidered. It is necessary to make leadership system on the disaster place more substantial centered around present fire fighting system. To do so, more clear division of duty is required. The working condition should be improved so that all public servants in this agency can play their roles with pride and worth. The resource owned the existing administrative organization must be used by an appointment system. And to manage a large scale of disaster, it is necessary to have interorganizational network system which many specialized organization including volunteer group are integrated. And the natural disaster happen, many professionals and volunteers are distributed to the spots of disaster in the right man in the right place. Finally, citizen's consciousness about safety supervision needs to be recover.

• The Korean Society of Law and Medicine
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• v.12 no.1
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• pp.11-39
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• 2011

[ ${\S}27$ ]Abs. 3 das Gesuntheitsdienstgesetz (the Medical Service Act) in Korea lautet: Niemand in der Absicht, sich oder einem Dritten einen $Verm{\ddot{o}}gensvorteil$ zu verschaffen, der Medizininstitut bzw. dem Mediziner (die Medizinerin) den Patienten vorstellen, ${\ddot{u}}bweweisen$, verleiten oder einen anderen zu dieser Handlung anstiften darf, wie z.B. die Selbstbeteiligung des Patienten nach dem Krankenkassengesetz (the National Health Insurance Act) oder dem Gesetz ${\ddot{u}}ber$ Beistand der ${\ddot{a}}rztlicher$ Betreuung (the Medical Care Assistance Act) skontieren oder befreien, Geld offerieren oder dem Allgemeinheit das Verkehrswesen anbieten usw. Nach dem Wortlaut ist jedoch unklar, ob unter diese Vorschriften der Fall subsumiert werden kann, wenn eine Medizininstitut bzw. ein(e) Mediziner(in) in der Absicht, sich einen $Verm{\ddot{o}}gensvorteil$ zu verschaffen, sich den Patienten verleitet. Nach dem Korean Supreme Court ist eine Medizininstitut bzw. ein(e) Mediziner(in) nur dann das Subjekt der Verleitungshandlung, wenn sie bzw. er ein Mittel gegen fairen oder $ordungsm{\ddot{a}}{\beta}ien$ Medizinmarkt verwendet oder dem Patienten eine ${\ddot{a}}rztlich$ rechtswidrige Behandlung (z.B. einen rechtswidrigen Schwangerschaftsabbruch) verspricht. In diesem Beitrag wird dagegen die Auffassung mittels der teleologischen Reduktion vertritt und argumentiert, dass ein ${\ddot{a}}rztlich$ rechtswidriges Behandlung nach dem Rechtsgut und dem Normzweck unter ${\S}27$ Abs. 3 das Gesuntheitsdienstgesetz nicht subsumiert werden, sondern allein nach eigenem Unrecht bestraft werden kann.

• 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.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.7 no.5
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• pp.1058-1076
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• 2013

The WBAN(Wireless Body Area Network) supplies mobile convenience to our medical services. But if we have few effective control variables across this service deployment, the hidden distortions or defects of the system might threaten the lives and rights of the stakeholders. Therefore we need to increase the service credibility, to get WBAN effective. This study proposes a governance mechanism using feasible variables that are currently in use in practices in WBAN environments against medical incidents. Control variables were tested in Seoul National University hospital and related medical industries of South Korea. We assume that WBAN systems would be open based on integrating patients, medical employees and law enforcements to get smart theater operations against medical incidents by implementing proposed MJA(Multilateral Joint Analysis) model. MJA model also contributes to the convergence of computer systems and medical services by demonstrating flexible SOA(Service Oriented Architecture) dashboard of healthcare services with credibility factors in medicine. The important components in MJA model across WBAN, were found to be "Safety, Accuracy and Reliability" in priority order. Factor analysis, correlations and ANOVA were used to evaluate this model and an IT dashboard with a realization of mobile application, was used to support participants' decision-making.

• Journal of Korean Medical classics
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• v.30 no.2
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• pp.1-10
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• 2017

Objectives : In studying East Asia's medical classics, what must first be done before evaluating the validities of clinical grounds is the discernment of the techniques that are based on universal principles from the statements that arise from individual experience. The purpose of this paper is to discover a method of discerning the statements of individual experiences and the descriptions of universal principles. Ingredients and Methods : The paper investigates how each individual clinical experience was introduced in ancient medical classics such as Huangdineijing, Nanjing, Shanghanlun, Jinkuiyaolue, and Maijing, in the books that belong to Yian such as Canggongliechuan, Linzhengzhinanyian, Gujinyianan, and Xumingyileian, and in Korean ancient medical texts such as Eonhae-gugeubbang and Gugeubganibang-eonhae. Results : Books of precriptions and scriptures of medicine were found to include individual experiences. Furthermore, this paper's effort has revealed that the evaluation of the quality of a testimony in an ancient book must be preceded by discerning whether the said testimony is a mere personal testimony or a testimony based on the universal law of causality. Conclusions : Before conducting a clinical research of a precription contained in an East Asian medical classic, the text should first be evaluated to determine whether the prescription in question derives from clinical tests or not.

• Korean Medical Education Review
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• v.17 no.1
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• pp.20-25
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• 2015

In light of changes in today's medical environment, whether to dismantle the 50-year-old internship training system in the Republic of Korea is under debate. Although the question remains open, discussions on such issues have drawn attention to the quality of the clinical clerkship and student career advisory programs in medical colleges. The purpose of this study is to analyze the experiential clerkship and career exploration issues. Ensuring excellence of the clerkship and career advisory sessions is an essential responsibility of educational institutions regardless of whether the intern training system is dismantled. Important objectives of the experimental clerkship include reinforcing prerequisites established by law, introducing a student practice license, developing a standardized clinical assessment and student portfolio requirement, and publishing a guidebook for clinical directors. For career exploration, it is necessary to broaden participants' experiences of specialties and to manage the variety of student career guidance programs. It is imperative for the Korean Association of Medical Colleges, in collaboration with medical colleges, to play a leading role in focusing more attention and effort on such issues.

• Journal of radiological science and technology
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• v.18 no.2
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• pp.103-117
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• 1995

Recently the suits for medical malpractice are gradually increasing in this country. The main purpose of this study is to excavate the most suitable theories about civil liabilities on medical malpractice by radiological technologist. To solve the above-mentioned problems in medical malpractice, I have proceeded to make a survey of traditional theories and tried to exvacate the most suitable theories for our medical circumstances among those theories. Both domestic and foreign relevant professional literatures and legal cases were investigated in this study. Several important findings of this study are as follows. First, the nature of legal interrelationship between radiological technologist and physician(or the representative of a hospital) is to define the content of employment. But in the eye of medical law, the interrelationship between radiological technologist and physician is written that radiological technologist should be directed by physician. Second, the nature of legal interrlationship between patient and physician(or the representative of a hospital) is to define the content of legal obligation of physician(or the representative of a hospital), and radiological technoligst execute his obligation as proxy for physician. Therefore, patient can not clame any legal right to radiological technologist. Third, radiological technologist has the obligation of Due Care in medical practice. Fourth, on the medical malpractice by radiological technologist the civil liability can be treated as either tortious liability or contractual liability, and physician(or the representative of hospital) take the responsibility for the damage compensation. In this case, physician has the right of indemnity to radiological technologist. But it should be dinied or extremely limited.