• Title/Summary/Keyword: medical policy and law

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A Study on the Policy Tasks for the Development of National Fire Service - Redesigning Institutional and Organizational Improvement for the Establishment of the National Fire Service Agency - (한국소방발전을 위한 정책과제 연구 - 소방청 신설에 대응하는 제도·조직개선 구상 -)

  • Choi, Byoung-Hahk;Kim, Hak-Soo
    • The Korean Journal of Emergency Medical Services
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    • v.6 no.1
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    • pp.185-197
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    • 2002
  • Today, the basic problem of functional safe management of Korean Disaster Control system was separately administrated 33 acts that are relating to safe management in 13 ministries. Because of the facts that the fire service is not provided practically, the control system and risk management for safe administration are not operated, the information can not be shared with each other, and the various laws have the lacks of linkage, the National Safe System was appeared unsteady. The roles and functions of fire service have started with restriction to operate structurally and institutionally, which operational structure of fire service is becoming weak. As a result, the federal and local fire organizations have not reached yet to the institutionalization and the local fire service agencies have bias with the task regarding the fire service because of the relation between organizational structure and the local fire agency. With the enforcement of the federal and local fire system, professionality and autonomy for making policy, and dealing with changes of fire service positively, the national fire service on the policy performance can be established. Promotion of research and development and education training to strengthen innovation in technology and competition in fire industry will contribute to the firmly establishment of control system to prevent from fire, flood, terror and national disaster. This article proposed that (a) the established law and administration, agency are required efforts to effectively operate fire service system; (b) the national fire service agency, national college of fire, national institute of science fire, and national fire service hospital should be early established to make firmly policy to operate effectively and practically. These kinds of innovational acts are known the best ways of operating solid policy of national fire service system.

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Legal Issues To Be Considered Before Implementing Telehealth in South Korea (원격진료 실시에 수반되는 법적 쟁점들에 대한 고찰)

  • Lee, Won Bok
    • The Korean Society of Law and Medicine
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    • v.22 no.1
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    • pp.57-90
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    • 2021
  • Telehealth has been a hotly debated health policy issue in South Korea, mostly because the medical community - especially primary care practitioners - have strongly opposed it. As a result, telehealth has remained forbidden under law. However, the temporary permission of telehealth in Korea, as well as its exploding use in other countries, all in response to COVID-19, is re-igniting the discussion on telehealth in Korea. This article explores general legal issues that may arise if and when telehealth is fully implemented in Korea. The article's analysis shows that legislative changes are necessary to allow reimbursement of telehealth as well as remote purchase of medicine. The article also advocates introducing new evidentiary rules to curtail covert recording of telehealth sessions. On the other hand, additional legislation is probably not necessary to address the medical liability of physicians practicing telehealth or to adress much-discussed privacy issues. The existing laws in those domains are already robust enough to operate without much difficulty in the context of telehealth too.

Medico Legal Aspects of Clinical Practice Guideline (표준 치료 지침서(Clinical Practice Guideline)의 의료법학적 의의)

  • Bae, Hyun-A
    • The Korean Society of Law and Medicine
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    • v.9 no.2
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    • pp.181-207
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    • 2008
  • With recent emphasis on evidence based medicine, clinical practice guidelines are seen as a potential mechanism by which unify various managerial and professional approaches to improving the quality of care. The development process of guidelines has been the subject of much research. and it is need translating the medical evidence of research into a clinical practice guidelines. the gathered evidence needs to be interpreted into a clinical, public health, policy, or payment context. The term 'clinical practice guidelines' can evoke a diverse range of responses from healthcare personnel. Clinical practice guidelines are increasingly used in patient management but some clinicians are not familiar with their origin or appropriate applications. Understanding the limitations as well as benefits of CPG could enable clinicians to have clearer view of the place of guidelines in every practice. In the context of increasing complaints and litigation in healthcare, the legal implications of clinical practice guidelines are of increasing importance. Clinical practice guidelines could, in theory, influence the manner in which the courts establish negligence by suggesting the doctor breached the duty of care by failing to provide the required standard of medical care. In several studies, the CPGs were relevent to and played a pivotal role in the proof of negligence. Much depends on the quality of guidelines and the tools developed and the authoritativeness of a guideline. Recently, there are several opinions the court also should review the validity and reliability of expert testimony including medical evidence. and widespread use of guidelines in malpractice lawsuit could lead the physicians to greater compliance with guidelines in the long term. In conclusion, Health care reformers, physicians as well as guidelines developers should understand that guidelines have both medical and legal aspects as a double-edges sword. so clinicians, legal representatives and decision-makers should not defer unduly to guidelines.

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The Criminal Liability of Physicians in the Case of Medical Accidents (의료사고에서의 형사책임 -원내감염사고의 해결을 향하여-)

  • Utsumi, Tomoko
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.3-40
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    • 2018
  • Conventionally, there were few cases in which a medical accident became a criminal case in Japan. However, after the serious malpractice such as the Yokohama City University Hospital case, prosecutors came to be less hesitant to prosecute a malpractice. In a medical accident, the attribution of the responsibilities among medical personnel becomes one important element of the proof of negligence. The Supreme Court concluded that, when the attribution of the responsibilities is not established among medical personnel to confirm the identity of the patient like the Yokohama City University Hospital case, all the personnel who were involved bear the responsibilities to identify the patient. For serious cases which requireut most carefulness fortreatment such as the Saitama Medical University Hospital case, not only the chief physician in charge of the case concerned but also the director of the branch at the university hospital bear the responsibilities to confirm the treatment policy of the case. After the acquittal of the Ohno Hospital case, the voice demanding more prudent prosecution of malpractices has become stronger than before. Meanwhile, Ministry of Health, Labour and Welfare introduced Medical Accidents Investigation System for the prevention of medical accident and, has reinforced the third party inspection of medical accidents.

A Comparative Analysis of Accreditation System for Health Information Management Education and Curriculum in the Republic of Korea and the United States of America (한국과 미국의 보건의료정보관리 교육인증제도 및 교육과정 운영현황 비교 분석)

  • Kim, Siwoo;Park, Jiwon;Lee, Sieun;Lee, Hansol;Lee, Yuri
    • Health Policy and Management
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    • v.31 no.4
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    • pp.437-450
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    • 2021
  • Background: With the development of the information technology industry and the increasing importance of health information, there is a need to analyze the current certification system for health information management education. This study compared and analyzed the health information management education accreditation system between the Republic of Korea and the United States. Methods: Descriptive analysis and quantitative methodologies were used to compare the education accreditation system and understand the current status of health information management curriculum run by universities in the Republic of Korea and the United States. Results: Regardless of the academic year, the Republic of Korea had one certification system based on subject-based criteria. However, the United States had a certification system for associate, baccalaureate, and master's degree programs with competency-based criteria. The accreditation system was different in terms of the way the curriculum is certified and the options for the different levels of university degree programs. Conclusion: Accordingly, it is necessary to consider improving the quality of health information management personnel at different levels by improving the current accreditation system and differentiating the curriculum according to the degree program levels in the Republic of Korea.

A study on Elderly welfare system (노인사회보장에 관한 소고)

  • Kim, Hyeon-Su;Jo, Hak-Rae
    • Journal of the Korea society of information convergence
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    • v.6 no.1
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    • pp.7-19
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    • 2013
  • The enlightingment of the aging because society's role to reduce the elderly dependency Increase and old class income security or medical security is becoming a serious social problem, all sorts of senile disease increased and the elderly raising difficulties caused by the increased the elderly of the seriousness of this problem. To complete the social security against the social risks it is on the one hand necessary to provide an elaborate system of coordination in the field of social security. It should be pursued on the dimension if law as well as policy. On the other hand national commitment if social security benefits should be comparatively analysed to have implications for the national legislation. It is one of the most important fact that prepare for the advanced elderly society which are the law of elderly man welfare and policy is divided into an employment guarantee policy, an income guarantee policy, a health welfare policy etc.

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Review the Governance of Graduate Medical Education (대학(대학원) 졸업 후 의사 수련교육 거버넌스 고찰)

  • Park, Hye-Kyung;Park, Yoon-Hyung
    • Health Policy and Management
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    • v.29 no.4
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    • pp.394-398
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    • 2019
  • Education on the physician continues with undergraduate medical education, graduate medical education, and continuous medical education. The countries such as the United States, Japan, the United Kingdom, German, and others are required to undergo training in the clinical field for 2 years after completing the national medical examination, and to become doctors after passing the clinical practice license test. Korea can obtain a medical license and become a clinical doctor at the same time if it passes written and practical tests after completing 6 years of undergraduate medical education or 4 years of graduate school. About 90% of medical school graduates replace clinical practice with 4-5 years of training to acquire professional qualifications, but this is an option for individual doctors rather than an extension of the licensing system under law. The medical professional qualification system is implemented by the Ministry of Health and Welfare on the regulation. In fact, under the supervision of the government, the Korean Hospital Association, the Korean Medical Association, and the Korean Academy of Medical Sciences progress most procedures. After training and becoming a specialist, the only thing that is given to a specialist is the right to mark him or her as a specialist in marking a medical institution and advertising. The government's guidelines for professional training are too restrictive, such as the recruitment method of residents, annual training courses of residents, dispatch rule of the residents, and the quota of residents of training hospitals. Although professional training systems are operated in the United States, the United Kingdom, France, and Germany, most of them are organized and operated by public professional organizations and widely recognize the autonomy of academic institutions and hospitals. Korea should also introduce a compulsory education system after graduating from medical education and organize and initiate by autonomic public professional organization that meets global standards.

A Study on the legal definition and the demands of the times of a medical technician according to changes in the medical market (의료시장 변화에 의한 의료기사의 법률적 정의와 시대적 요구에 관한 연구)

  • Kim, Jeong-Ho;Han, Man-Seok;Kim, Chang-Gyu;Seo, Sun-Youl;Kim, Gap-Jung;Bae, Seok-Hwan;Kim, Yong-Kyun
    • Journal of Digital Convergence
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    • v.19 no.11
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    • pp.397-406
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    • 2021
  • Under the Act on Medical Technicians, etc. in Korea, medical technicians are supposed to perform their duties under the guidance of a doctor or dentist. However, considering the actual work behavior, domestic and international trends, and the level of education of medical technicians, professionalism must be recognized. Such a professional and independent operating system must guarantee the autonomy of medical technicians, and it can be said that changes are necessary in law. In other words, it is necessary to change to "request and prescription" rather than "supervision" according to the needs of the times when the concept of "request" and "cooperation" is applied in many countries and an excellent curriculum. These changes can be called the demands of the times and changes for the improvement of medical services and social contribution.

The Status of and Comparision between Ui-do Island of Korea and Ri-do Island of Japan (한국(韓國) 위도(蝟島)와 일본(日本) 리도(離島)의 현황(現況)과 비교(比較))

  • Chung, Heung-Ki
    • Journal of Fisheries and Marine Sciences Education
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    • v.9 no.1
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    • pp.49-56
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    • 1997
  • It is the developing policy of fishing village of korea that the fishermen are not to leave their fishing village by the construction of abandant and rich fishing village in the social, cultural and economic side of view. The government has promoted the project to improve the fishing and agrarian village from 1992 year, but it is not so helpful to solve the problem of the island and fishing village. Therefore, it has to improve the structure of fishing village and to develope the vital and lively fishing village, Japan had enacted the special law for the promotion of out-island which was called the law for the promotion of Ri-do isalnd, and commenced to develop the Ri-do island. The law for the promotion of Ri-do island is limited to 10 years, but it was amended 10 times and Japanese government has invested as many as budget to Ri-do isalnd during 30 years. Korean government also had enacted and enforced the special law for the promotion of out-isalnd developement referring to Japanese system. However, it is neccessary at first to improve the system that the fishing village is able to develope the fishing port in order to make higher the efficiency of investment. Moverover, the earning differentials bewteen the city and the fishing village has to decrease by the developement of transport convenience and pavement of the road of the out-isalnd and remote fishing village. Otherwise, it is requested rapidily to set up the welfare policy for the aged people because the inhabitants of fishing village become to great age, and inhabitants could be at least diagnose one time every week in the good medical facilities. The ministry of marine and fisheries has to permit the sports fishing business by the small fishing vessel in order to increase the income of inhabitants of fishing village and put a lot of the fishing reefs which are constructed to 2-3 story into the sea. And then the sports fishing business will be flourish by the small fishing vessel.

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A Study on the Oriental Medical Insurance and the Industrial Accident Compensation in the Social Security System (사회보장제도(社會保障制度)로서의 한방의료보험(韓方醫療保險)과 산재보상(産災補償))

  • Yoon Young-Soo
    • Journal of Society of Preventive Korean Medicine
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    • v.1 no.1
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    • pp.137-148
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    • 1997
  • The Serial Securities and the Social Welfare, as the national policy aimed at securing generals' lives, are the policies or systems for the stabilization in lift; especially of law-incomers and workers, for which the povernment has to establish the Social Security System. No wonder the Social Insurance System is a part of the Social Security System and the most important. The Social Insurance System, along with Public Assistance, is underlying the Social Security System. Social Security System includes medical insurance, industrial accident Compensation insurance, national pention insurance and employment insurance. The study is on 'The Oriental Medical Insurance and the Industrial Accident Compensation in the Social Security System' . The rate of industrial accident in Korea marks the highest rank in the world. for laborer, industrial accident do not merely mean the loss of health but the question of the right to live in terms of their loss of opportunity of life. The industrial accident compensation system should be established as the es post facto remedy system to guarantee the injured worker and his/her family's life. The oriental medical insurance system which began to operate in 1987 in Korea is based on unionism and divided into 3 parts; one part for the worker, a second part for the community inhabitants, and a third part for the public service personnel and private school personnel. Today the medical problem must be the most important social assignment to be considered. The medical system of contemporary industrial society has began greatly stood out in relief as a part of social welfare not emphasized on gainings of physicians. Accordingly systematization of the oriental medical insurance was strongly Pursued and it was developed to to the extent of entire nation insurance. Though the history of it is very short, most of the people are getting benefit from the insurance system by the social security system method. This study develops the Oriental Medical Insurance, the Workmen's Accident Compensation Insurance, the Pension System in relation to the industrial accident compensation of Employees, along with the ideas and principles of social insurance.

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