• Title/Summary/Keyword: school precedents

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The comparative analysis on nurse's legal duty;based on precedents in nursing - related cases (간호업무에 대한 법적의무인식에 관한 연구;간호관련판례와 간호사의 태도 비교분석)

  • Kim, Ki-Kyong
    • Journal of Korean Academy of Nursing Administration
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    • v.5 no.1
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    • pp.77-86
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    • 1999
  • The purpose of this study is to look into nurse's legal duty and to analyze influencing factors, by reading through precedents in nursing-related malpractice cases. 157 clinic nurses and 40 head nurses who were working in 3 university hospitals in the area of Seoul and KyongKi province were surveyed with pre-set questionnaires which were based on 20 cases and to compare precedents with nurses' attitudes. Independent variables were demographic characteristics, job characteristics, experience and education, and personal characteristics. Dependent variables were the extents of understanding in their duty. To analyze the extent of duty understanding t-text. ANOVA, and multiple regression were performed according to the characteristics of each study subject. Main findings are as follows; 1. $X^2$ test was performed for each hospitals and job category. The existence of religion and job-related advisers were significantly different according to hospitals and job categories. The existences of the orientation for nursing, education, and meeting were significantly different according to hospitals. 2. The extent of duty understanding according to the subject characteristics was assessed by means of median. Each case was given the median. 12 cases(46%)out of 26 cases demonstrated the median of more than 6 showing high extent of understanding. 3. When $X^2$ test was performed. the extent of duty understanding was significantly different in the areas of marriage status. the existence of meetings. and the experience of having dispute. When multiple regression(stepwise method) was performed, above variables were not statistically significant. 4.As result of comparative analysis on precedents and nurse's attitudes. it is 4 cases that nurse's attitudes is more active than precedents and it is 9 cases that nurse's attitudes is more passive than precedents and it is 4 cases that nurse's attitudes is parallel with precedents. This study does not present statistical model which can integrate all the cases. The significance of this study is in that it generalized and assessed the nurses' understanding of duty based on nursing -care which was legally disputed and compared nurse's attitude with precedents.

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Model Study of Aesthetic Database System of Architectural Precedents for Design Reference (설계참조를 위한 건축선례의 미학적 정보체계 모형연구)

  • Kim, Kyong-Soo
    • Journal of architectural history
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    • v.5 no.2 s.10
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    • pp.83-95
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    • 1996
  • Computerized visual database construction of architectural precedents has just begun in some research institutes in the world. In Korea the first visual database has shown its testl version by S architectural design firm in september 1996. In this article the author discusses the historical contexts and the recent computerization cases, the traits, the uses and the limits of architectural visual database system of precedents. The forms and contents of data fields in two cases are compared with a focus on the description of architectural traits of each data entry. Compared to the KIA format, the S database has better performance for architectural design reference because it collects more pictures and drawings and larger texts for the field of architectural chracteristics. But this latter also is constrained by its capacity of memory and so lacks the reciprocity of the DOORS in the Graduate School of Design, Harvard University. A visual database system which has more flexible allocation of memory and respondent with the users is yet to be prepared. But this system also should be maintained by some experts in architectural history, theory and criticism, because their knowledge is essential for selection of precedents and revision of the data description. A full-fledged electronic visual database in architecture will not only save much effort for the architect, but also will change the architects' design behavior. Nevertheless this does not mean the automatic promotion of architects' creativity.

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Usage of Medicinal Moxibustion for the improvement of Moxibustion Treatment Procedure (灸((구)쑥뜸)시술행위의 개선을 위한 藥灸劑(약구제)의 활용)

  • Lee, Bookyun;Kim, Chang-Min;Lee, Jang-Cheon
    • The Journal of Korean Medicine
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    • v.35 no.1
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    • pp.99-113
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    • 2014
  • Objectives: To provide theoretical basis for the classification of medicinal moxibustion(藥灸劑) in Health Insurance Medical Benefit in Korea through investigating trend of judicial precedents on indirect moxibustion and usage of medicinal moxibustion in "Donguibogam". Methods: We analyzed statistical data of moxibustion from Health Insurance Review & Assessment Service and National Health Insurance Statistical Yearbook. We investigated major judicial precedents on indirect moxibustion to find out some trend and we searched the usages of medicinal moxibustion in "ZhenJiuDaCheng" and "Donguibogam". Results: According to recent judicial precedents, indirect moxibustion with equipment is no loner regarded as Korean Medical Procedure. In composition of 'Oriental Health Treatment', amount for acupuncture has gradually decreased instead, amount for moxibustion has increased steadily for 5 years. Medicinal moxibustion(藥灸劑) is often used as a form of indirect medicinal moxibustion with moxa in "Donguibogam". Argyi Folium, Moschus, Natrii Chloridium, Radix Preparata, Realgar and Olibanum are most frequently used for medicinal moxibustion in "Donguibogam". Medicinal moxibustions are composed of simple prescription or herb-pair or multiple prescription in "Donguibogam". Conclusions: In Health Insurance Medical Benefit in Korea, under the division of moxibustion, direct medicinal moxibustion and indirect medicinal moxibustion should be classified in addition.

An Analysis of a Precedent of the Supreme Court about School Safety Accidents (학교 안전사고에 대한 대법원 판례 분석)

  • Kim, Dal-Hyo
    • Journal of Fisheries and Marine Sciences Education
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    • v.19 no.2
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    • pp.168-179
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    • 2007
  • There are many students in school. So school safety accidents are happened by accident. But, if teachers know and understand about school safety accidents exactly, the school safety accidents can be reduced. The conclusion of this study is as follow. First, generally teacher has a duty and responsibility to protect and care students in educational activities. And teacher has a responsibility to protect and care students only in the cases of predictability. Second, teacher must do his/her best about a duty of attention. If teacher do his/her best about a duty of attention, he(she) has not the responsibility about the accident. Third, teacher needs to have more concern student who has a controversial figure. And teacher needs to have an evidence that he/she did his/her best for the student ordinary times. Fourth, the criteria of teacher's legal or illegal punishment to students is (1) the motivation and details for punishment, (2) the methods and degree for punishment, (3) a part of body for punishment, (4) the degree of damage for punishment. Fifth, teacher need to learn the program about school safety accidents systematically.

A Legal Analysis of the Precedents of Medical Disputes in the Cosmetic Surgery Field

  • Park, Bo Young;Kim, Min Ji;Kang, So Ra;Hong, Seung Eun
    • Archives of Plastic Surgery
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    • v.43 no.3
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    • pp.278-283
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    • 2016
  • Background Disputes regarding medical malpractice occur between practitioners and patients. As patients have become increasingly aware regarding medical care, an increase in the unexpected side effects of procedures has been observed, thereby leading to an increase in disputes regarding medical malpractice. In this study, we reviewed trends in precedents involving cosmetic surgery-related medical disputes, with the goal of helping to prevent unnecessary disputes in the future. Methods We conducted a search of the judgments made in South Korean courts between 2000 and 2013 that were related to the field of plastic surgery. A total of 54 judgments were analyzed, and the selected precedents were reviewed and classified according to the kind of negligence involved. Results The claim amounts ranged from under 8 million KRW (6,991 USD) to 750 million KRW (629,995 USD). The most common ratio of the judgment amount to the claim amount was 20%-30%. The judgments were classified according to the following categories: violation of the duty of explanation in 17 cases (29%), violation of the duty of care in 10 cases (17%), violation of both duties in 20 cases (35%), and no violation of duty in six cases (10%). Conclusions Cosmetic surgery-related suits require different approaches than general malpractice suits. The Supreme Court requires plastic surgeons to determine the type, timing, methods, and scope of their treatments when considering possible results. Therefore, practitioners should be educated on their rights and responsibilities to enable them to cope with any possible medical dispute that may arise.

Legal Study on the Explanatory Duty for Medical Practice in Korean Medicine by Judicial Precedent Analysis (판례분석을 통한 한의사의 설명의무에 관한 법학적 고찰)

  • Lee, Mee-Sun;Kim, Kun-Hyung;Yang, Gi-Young
    • Journal of Acupuncture Research
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    • v.29 no.4
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    • pp.71-79
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    • 2012
  • Objectives : The purpose of this study is to set the explanatory duty on traditional Korean medical(TKM) treatment by analyzing the judicial precedents. Methods : The study was performed by analyzing nine cases of lawsuits related to Korean medicine doctor and explanatory duty among the medical dispute cases in Korea from 1968 through 2012. Results : Nine closed claims occurred regarding the violation of explanatory duties in the field of TKM practice. Two claims were decided by supreme court, three were decided by high court, and four were decided by district court. The causes of lawsuits were categorized as follows : bee venom pharmacopuncture, herb treatment, and an explanation for safety. Conclusions : To perform an explanatory duty has important legal implications for the protection of patients' rights and Korean Medicine doctors' autonomy on TKM treatment.

Informed Consent as a Litigation Strategy in the Field of Aesthetic Surgery: An Analysis Based on Court Precedents

  • Park, Bo Young;Kwon, Jungwoo;Kang, So Ra;Hong, Seung Eun
    • Archives of Plastic Surgery
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    • v.43 no.5
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    • pp.402-410
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    • 2016
  • Background In an increasing number of lawsuits doctors lose, despite providing preoperative patient education, because of failure to prove informed consent. We analyzed judicial precedents associated with insufficient informed consent to identify judicial factors and trends related to aesthetic surgery medical litigation. Methods We collected data from civil trials between 1995 and 2015 that were related to aesthetic surgery and resulted in findings of insufficient informed consent. Based on these data, we analyzed the lawsuits, including the distribution of surgeries, dissatisfactions, litigation expenses, and relationship to informed consent. Results Cases were found involving the following types of surgery: facial rejuvenation (38 cases), facial contouring surgery (27 cases), mammoplasty (16 cases), blepharoplasty (29 cases), rhinoplasty (21 cases), body-contouring surgery (15 cases), and breast reconstruction (2 cases). Common reasons for postoperative dissatisfaction were deformities (22%), scars (17%), asymmetry (14%), and infections (6%). Most of the malpractice lawsuits occurred in Seoul (population 10 million people; 54% of total plastic surgeons) and in primary-level local clinics (113 cases, 82.5%). In cases in which only invalid informed consent was recognized, the average amount of consolation money was KRW 9,107,143 (USD 8438). In cases in which both violation of non-malfeasance and invalid informed consent were recognized, the average amount of consolation money was KRW 12,741,857 (USD 11,806), corresponding to 38.6% of the amount of the judgment. Conclusions Surgeons should pay special attention to obtaining informed consent, because it is a double-edged sword; it has clinical purposes for doctors and patients but may also be a litigation strategy for lawyers.

A Study on Characteristics of Spatial in Coelacanth School Architecture (실라칸스 학교건축의 공간적 특성에 관한 연구)

  • Kim, Min-Kyung;Kim, Moon-Duck
    • Proceedings of the Korean Institute of Interior Design Conference
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    • 2007.11a
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    • pp.17-21
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    • 2007
  • School architecture has been functionally changed a lot as well as the changes of school education. School tries to educate people to recognize their dignity and give life to their personality. In addition, it's also important for school facilities to contribute to making social communities as community establishments beyond its own purpose of education. Researches for school architecture have been going on to make facilities suited for that. At this point of view, this research is looking for methodology contributed to design institutions suitable for education through working on precedents for planning school design. One way to this is studying the method of designing of the design team, 'Coelacanth', selected for good architecture in Japanese school architecture so many times and finding out its connection to interior.

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Analysis on the Characteristics of the Precedents for Industrial/Technological Cultural Properties of Oberhausen Gasometer that have been Recycled as Cultural Space (문화 예술 공간으로 재활용된 오버하우젠의 가스탱크 재생사례 분석)

  • Kim, Hong-Gi;Park, Chang-Ho
    • Journal of the Korea Furniture Society
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    • v.26 no.3
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    • pp.252-261
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    • 2015
  • Unlike traditional cultural assets, industrial assets are closely tied with contemporary life in numerous ways, and have acted as a bridge between the traditional architectural buildings and contemporary architectural buildings, reflecting the overall economical, social and cultural portraits of that time. Reinvestigating them in a new light, granting just and fair values, and preserving and transmitting these modern cultural heritages is a method of preserving the historical and cultural traditions in order to keep own identity and integrity. Nowadays, however, due to various sprawling developments and new development-oriented urban policies, only a select few industrial assets are being protected, the rest facing demolition and damages. In order to better cope with such situation, Korea has officially introduced the Registered Cultural Properties System since 2001, and began acknowledging the historical values of industrial buildings as modern cultural properties. By systematic analysis and deduction of characteristics from successfully recycled precedents such Oberhausen Gasometer in the state of Nordhein-Westfalen that have been preserved and recycled as cultural spaces, this paper aims to find and propose suggestions to rehabilitate and recycle the industrial cultural properties in Korea.

The Concept of Practice of Korean Medicine and the Limitations - Focusing on Legislations and Precedents - (한방 의료행위의 개념과 그 한계 - 법령과 판례를 중심으로 -)

  • Kwon, Soon-Jo;Eom, Seok-Ki
    • The Journal of Korean Medical History
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    • v.28 no.1
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    • pp.121-133
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    • 2015
  • Objectives : The purpose of this study is to suggest how to interpret the 'practice of Korean Medicine', differentiating it from 'medical practice'. Methods : I analyze the legislations and precedents regarding the practice of Korean Medicine. Results : The Korean Medicine and Pharmaceutics Promotion Act defines 'practice of Korean Medicine' and it clearly differentiates it from the definition of 'medical practice'. However, the scope of this definition is somewhat restricting and it can violate doctors of Korean Medicine's right to equality and their academic freedom. Thus, the application of this definition of the 'practice of Korean Medicine' should be limited to the field of research and development. Meanwhile, criteria of distinguishing 'practice of Korean Medicine' from 'medical practice', which used to make a sharp distinction between Medicine and Korean Medicine by rigorously applying their academic standards, are now focusing more on protecting and improving health of the people. Discussions & Conclusions : I suppose that the distinction between the 'practice of Korean Medicine' and 'medical practice' will be more focused on public health rather than the academic stance of those two medical fields. Meanwhile, in accordance with dualistic medical system, the mutual usage of medical equipment in the area of 'treatment' should be limited while it should be allowed in the area of 'diagnosis' if it satisfies requirements suggested by the Constitutional Court.