• Title/Summary/Keyword: medical law

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An Evaluation of the Space Planning of Medical Welfare Facilities for the Aged in Ulsan according to the Standards of the ${\ulcorner}$The Elderly Welfare Act${\lrcorner}$ (노인복지법 시설기준에 따른 울산시 노인의료복지시설 평가연구)

  • Kim, Sun-Joong;Ryu, Hyun-Joo
    • Journal of the Korean Home Economics Association
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    • v.44 no.9
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    • pp.103-117
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    • 2006
  • There is no compulsory administration on the facility status for silver medical welfare facilities under the current legal regulations based on the welfare law of the aged nor is there standardized space allotment conditions that considered the physical psychological and pathological characteristics of the aged. Hence, welfare facilities are presently being constructed under general architectural laws. (Ed- paragraphs combined here) Therefore, standardized space allotment conditions should be planned soon for the aged in welfare facilities. (Ed- paragraphs combined here) In this study we examined the situation of space allotment through both blueprint analysis and interview with building supervisors. However, in future studies, we will focus on space insufficiency situations and the needs of the aged residents in welfare facilities.

A Study on the principle of Heat and Cold metastasis among the Five Viscera on the Gigualron of Somun(素問·氣厥論) (『소문(素問)·기궐론(氣厥論)』의 오장(五臟)의 한열(寒熱)이 전이(傳移)되는 원리(原理)에 대한 고찰(考察))

  • Jeong, Heon Young
    • Journal of Korean Medical classics
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    • v.27 no.2
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    • pp.69-76
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    • 2014
  • Objectives : The metastasis among the Five Viscera are given, passim, in the Hwangjenaegyeong (黃帝內經). Generally, the metastasis among the Five Viscera followed 'mutual generation' and 'mutual overcoming' of the Five Elements. But, the metastasis among the Five Viscera on the Gi Gual Ron not followed. The metastasis are connected with the Eight Diagrams. The Eight Diagrams are classified 'Earlier Heaven' and 'Later Heaven'. It also be assigned the Five Elements. Results : The metastasis order and the principle of shift its location from 'Earlier Heaven' to 'Later Heaven' are similar. Conclusions : Therefore, the metastasis among the Five Viscera on the Gi Gual Ron is based on the law of shift its location from 'Earlier Heaven' to 'Later Heaven'.

Why people are classified into four types in sasang constitutional medicine? - A medical approach with viscera and bowels - ('사상의학에서는 인간을 왜 넷으로 나누는가?' - 장부를 중심으로 한 의학적 고찰 -)

  • Lee, Soo-Kyung
    • Journal of Sasang Constitutional Medicine
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    • v.15 no.3
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    • pp.62-73
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    • 2003
  • Lee, Jema recognized human being as human figure and human nature according to 'if threre is a thing, there are a law to explain the thing'. And he thought Sa-Sang is the most basic and proper concept to explain things and changes. This paper is to find his medical view why human beings are classified into four types. 1. A medical clue to classify human being is different viscera function. 2. The size of viscera means the strength and weakness of metabolic function of viscera. 3. The essence of different viscera function is related to metabolism of water and food, air and fluid. Lungs and Liver do metabolic function through exhale and inhale of air and fluid. Spleen and Kidneys do metabolic function through intake an d output water and food. 4. It is most important to consider and to treat the condition of small size viscera.

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A Comparative Study for Anatomical Terms in Oriental and Western Medicine (사람해부학 용어에 대한 한·양방 비교 연구)

  • Kim, Soo-Myung
    • Journal of Haehwa Medicine
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    • v.5 no.2
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    • pp.449-461
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    • 1997
  • Anatomical terms is very important for the whole medical area. In the past, medical student have confused with the anatomical terms which were base on Japanish-Chinese. So they have to be made easily for reading and learning. Fortunately the anatomical terms in Korean had completely made through the fourth edition. According to the oriental law and customs human dissection was prohibited, therefore human anatomy naturally undeveloped. In this study, on the view of the Korean terms carried out the comparison between oriental and western anatomical terms in osteology and splanchnology. The oriental anatomical terms expressed with only looking at and touching the part of the human body. The gross structure of the osteology, is similar to oriental and western medicine but there's no detailed nomenclature of the bone. Instead of it, they expressed connection to acupuncture point or disease in the human body. So it's difficult to find out the anatomical terms of the splanchnology like recent ones.

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Improvement Plan of the Korean Electronic Medical Record (우리나라 전자의무기록의 개선방안)

  • Choi, Chan-Ho
    • Journal of Society of Preventive Korean Medicine
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    • v.18 no.3
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    • pp.11-21
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    • 2014
  • The rapid development and distribution of information communication industry facilitates the changes of hospital administration, introducing EMR(Electronic Medical Record) instead of paper-based medical record in the medical field. The developed countries such as U.S. have established EMR system after in the middle of 1970s because the primary advantages of EMR is to store and handle vast amounts of records efficiently and increase the quality of health care. Most of health organizations in Korea also apply medical record system to their administration. As the result, they have accomplished a scientific administration system through the use of medical record to handle a variety of patient's information including patient's confidentiality and privacy such as family history, social status, income level, and so on. However, access to and the misuse of EMR causes illegal infringement of patient's information and finally it becomes a very serious medical issue. Potential leakage and misuse of records may seriously infringe patient's privacy rights. In this respect, the related agencies in the public and private sector have been making efforts to prevent patient's records leakages. Especially, the revision bill of Medical Law in 2002 establishes the ways on the security and standards of electronic records. However, it does not provide the proper guidelines which is applied to the rapid changes of the medical environment. One of the most priorities in the hospital administration is the production and maintenance of an accurate medical records fulfilled by medical recorders. Therefore, it is very important for health care providers to hire ethical-based medical recorders. But, unfortunately most of hospitals overlook the importance of their roles. All parts including government, physician and patient must have more concerns on the problems related to EMR. Therefore, this study aims to propose the proper ways to resolve the problems coming from EMR.

Study on Using Medical Devices by Korean Medical Doctors through Judicial Precedents (판례 분석을 통한 한의사 의료기기 사용범위에 관한 한의학적 고찰)

  • Chung, Hyun-joo;Hong, Jin-woo
    • The Journal of Internal Korean Medicine
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    • v.40 no.4
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    • pp.597-611
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    • 2019
  • Objective: The goals of this study were to analyze each of the reasons adopted by the Constitutional Court or the Courts for Decisions determined to permit the use of medical devices by Korean medicine doctors and to look at the medical devices from a Korean medical perspective. Materials and Methods: For this study, several judicial precedent databases were used for searching judicial precedents that handle the usage of medical devices by Korean medicine doctors. Prior studies on similar issues were considered. The Korean medicine textbooks and related research studies were also used in this study. Results: From 2000 to 2018, a large number of lawsuits were filed regarding the legality of Korean medicine doctors using medical devices; approximately 20 final judgments or decisions were made. Among them, only two cases determined that Korean medicine doctors could legally use medical devices. Conclusion: The decisions in both cases could be interpreted as the judgments that Korean medicine doctors were allowed to use a medical device whose use or operating principles were commonly incorporated with Korean medical principles. That was provided that training was sufficient in the use of the medical device, to the extent that it could be used and that such use of the medical device was not feared to pose a health hazard.

A review of the qualification criteria for the national examinations for emergency medical technicians (응급구조사 국가시험 응시 자격기준에 관한 고찰)

  • Kim, A-Jung;Park, Tae-Jun;Bak, Young-Seok;Kim, Jun-Ho;Kim, Yong-Seok;Son, Yu-Mi;Lee, Kui-Ja
    • The Korean Journal of Emergency Medical Services
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    • v.25 no.2
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    • pp.39-53
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    • 2021
  • Purpose: Emergency medical technicians (EMTs) have so far been trained as professionals under the same conditions, with no change in the 1995 Act. We aimed to find ways for them to secure expertise in accordance with social needs by strengthening the quality of the EMT education. Methods: This is a descriptive study comparing the operation status of the national emergency medical examination conducted by the Korea Health Personnel Licensing Examination Institute, and the national examinations of EMT paramedic and EMT basic. The scope of the national examinations for EMT was compared by subject and area. Results: The national written exam for EMT paramedic consists of five areas. EMT basic does not include basic medicine in three related subjects, 11 areas, and 18 detail areas. Paramedic care does not include advanced pediatric life support. In addition, nine areas and 20 detail areas are not included. Conclusion: The study suggests the need for institutional supplementation so that those who have completed EMT basic and the subjects prescribed by the ordinance of the Ministry of Health and Welfare at universities, etc., in the Higher Education Act can take the EMT paramedic national exam.

The Trend of Precedents about Calculation of Damage Compensation for Last Decade (손해배상액 산정에 관한 최근 10년간 판례의 동향 하(下))

  • Park, Young-Ho
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.397-445
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    • 2010
  • This thesis introduces the trends of korean courts' ruling on damages in medical malpractice cases for past 10 years. First of all, Korean courts' ruling have had a tendency to pay only non-economic damages for not taking the informed consent. If a doctor cannot get the informed consent from a patient, he compensate only non-economic damages for the infringement of self-determination rights of patient. It's enough for the plaintiff to prove the infringement of self-determination rights, if the plaintiff just want to get non-economic damages. The Korean Supreme court have ruled that if plaintiffs want to get economic damages for the infringement of self-determination rights or informed consent, plaintiffs must prove that the infringement of self-determination rights is the proximate cause of the economic damages of patient. There is another tendency for the Korean Supreme court to limit the damages in medical malpractice cases on the ground of patient's diseases' dangerousness or patient's idiosyncrasy. In the past courts often limit the damages only to 70~80% of total damages, but now a days courts mostly limit the damages to 20~30%. This thesis also introduce the Korean courts' trends about Valuing damages in personal injury actions awarded for gratuitously rendered nursing and medical care.

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A Study How to Decide the Priority on choosing between National Health Insurance and Automobile Insurance In Korea -Focused on medical expenses of the Insured's own bodily Injury Coverage- (건강보험과 자동차보험의 선택적 우선적용에 대한 고찰 -경과실 자기신체피해 교통사고를 중심으로-)

  • Song, Ki-Min;Choi, Ho-Young;Kim, Jin-Hyun
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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    • pp.287-307
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    • 2009
  • A person is injured in car accident caused by his/her slight negligence except he / she causes accident by his / her willfulness or gross negligence. Because the National Health Insurance Corporation (hereinafter called "Corporation") shall not provide any insurance benefit "when he has intentionally or through gross negligence caused a criminal conduct or intentionally contributed to the occurrence of an accident" referred to in Article 48 (1) 1 of the National Health Insurance Act. So, if he / she is insured by his / her own bodily injury coverage, he / she can be compensated for his / her medical expenses. The injured have the rights to file either National Health Insurance claim and Automobile Insurance claim but there is no clear and definite adjustment clause. The claim disputes between National Health Insurance (hereinafter called "NHI") and Automobile Insurance (hereinafter called "AI") in the own bodily injury coverage makes some problems. Firstly, there are some differences in co-payments which he / she chooses between NHI and AI. Profit per a patient is higher in the NHI than in the AI. Secondly, it can provoke criticism that people shall unnecessarily pay double contributions. Lastly, it can raise moral hazards. For example, if he / she can cover the compensations when the insured receives the compensations from his / her insurer, the Corporation can be claimed by medical care institution payment of the health care benefit costs. In conclusion, first of all, to improve the national health and preserve the insured's rights the Corporation shall keep notice these facts.

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A Study on the Social Security for Seafarers of Maritime Labour Convention, 2006 (2006년 해사노동협약상 선원 사회보장에 관한 연구)

  • Ji, Sang-Won
    • Journal of Navigation and Port Research
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    • v.32 no.3
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    • pp.237-244
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    • 2008
  • The General Conference of International Labour Organization adopted the Maritime Labour Convention, 2006 which created a single, coherent instrument embodying as far as possible all up-to-date standards of existing international maritime Conventions and Recommendations in its Ninety-fourth session on 23 February 2006. This Convention prescribes the social security for seafarers in the Regulation 4.5 in the Title 4. Regulation 4.1-Medical care on board ship and ashore and Regulation 4.2-Shipowner's liability are related to social security for seafarers. For the purpose of ratifying this Convention in our country, first of all, it is necessary to review the domestic laws and regulations concerned whether they fulfill or not the requirements of the Convention and have to make preparation insufficient sections. Therefore, this paper aims to find out different regulations between the domestic law and the Convention, as to be able to accept the requirements regarding the social security of the Convention, also suggest the solution on problems derived in this process.