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A critical review on informed consent in the revised Medical Law (개정 의료법상 설명의무에 관한 비판적 고찰)

  • Hyun, Dooyoun
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.3-35
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    • 2017
  • The Supreme Court of Korea first admitted compensation for damages caused by breach of informed consent in 1979. From then on, specific details of informed consent are shaping up and developing through court precedents. The duty of informed consent of doctor is based on article 10 of the Constitution and medical contract, and is expressly prescribed Article 12 of Framework Act on Health and Medical Services and other acts and regulations. By the way, the regulations about duty of informed consent of doctor have been established in Medical Law revised on December 20, 2016, and the revised Medical Law will be implemented on June 21, 2017. According to the revised Medical Law, medical practices subject to description and consent are operation, blood transfusion and general anesthesia that threaten to cause serious harm to human life or to the body. When performing these medical activities, the written consent must be explained and agreed upon in advance. If a doctor violates the law, he will incur fines of less than 3 million won. Comparing and viewing the revised Medical Law and existing legal principles about the duty of informed consent, we can confirm that there is a substantial difference between the two parties. Accordingly, despite the implementation of the revised medical law, the existing legal principles are unlikely to be affected. However, from the perspective of legal uniformity and stability, it is undesirable that legal judgments on the same issues differ from each other. The revised Medical Law about informed consent needs to be reformed according to existing legal principles. And, as in the case of Germany, it is desirable to include the matters concerning informed consent in the civil code.

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Studies on Color Classification of Fancy Veneer Flooring Board with HSI Color Model (HSI 색상모델을 이용한 마루판 무늬목의 색상분류에 관한 연구(1))

  • Seo, Jun-Won;Park, Byung-Su;Chong, Song-Ho;Park, Heon
    • Journal of the Korean Wood Science and Technology
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    • v.33 no.4 s.132
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    • pp.23-29
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    • 2005
  • The fancy veneer flooring board is high value-added wooden material. The classification of the flooring boards by the observation with the naked eye causes color difference among fancy veneers. It turned out that this inaccuracy of color difference among fancy veneers increased in case of the identification by metamerism or the flooring construction. Therefore, this study was performed to classify fancy veneers produced from 3 species such as Tilia sp., Betula sp., and Acer sp. which were identified with the naked eye by Light and Dark grade, by using CIELAB. In addition, each specie's threshold on CIERGB was investigated and a range of hue, saturation and intensity by an application of HSI color model were studied. Intensity of the HIS color model could be the best value to be used when color, saturation and intensity of the HSI color model were used for the classification of the flooring board's color. In addition, it seemed that color range of all three criteria lied between $45^{\circ}$ and $55^{\circ}$. In the case of identification by threshold of RGB element, considering only specific color element value is unlikely to lead to accurate classification of fancy veneers of flooring board.

Comparative Analysis of Ethical-the-counter Drugs and Over-the-counter Drugs for the Adverse Events from the Community Pharmacy (지역약국에서 보고된 전문의약품과 일반의약품의 이상사례 보고현황 비교 분석)

  • Lee, Mo-Se;Park, So-Hee;Kim, Na-Young;Oh, In-Sun;Lee, Jung-Min;Lee, Eui-kyung;Shin, Ju-Young
    • Korean Journal of Clinical Pharmacy
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    • v.28 no.3
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    • pp.230-237
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    • 2018
  • Objective: To compare adverse event reporting patterns between ethical-the-counter and over-the-counter drugs from community pharmacies and outpatient settings. Methods: We conducted a descriptive study using the adverse event reporting database, wherein data were collected from the regional pharmacovigilance centers of the Korean Pharmaceutical Association between January 1, 2016 and December 31, 2016. The reported drugs were classified into either ethical-the-counter or over-the-counter drugs, and we compared the distribution of patient age and gender, frequent adverse events and medications, serious adverse events, and causality assessment results, where causality assessments were performed according to the World Health Organization-The Uppsala Monitoring Centre's system. Results: We included 17,570 reports (75,451 drug-adverse event pairs). Ethical-the-counter and over-the-counter drugs accounted for 81.4% and 18.6% of the total adverse event reports, respectively. The use of over-the-counter drugs was higher in females and patients aged <18 years, whereas the use of ethical-the-counter drugs was higher in those aged >65 years. Alimentary tract and metabolism drugs, and respiratory system drugs were the most frequent ethical-the-counter and over-the-counter drugs, respectively. From causality assessment results, "possible" (75.4%) was the most commonly assigned category for ethical-the-counter drugs, while "possible" (44.0%) and "unlikely" (47.7%) were the most common categories for over-the-counter drugs. The distribution of serious adverse events were similar for both ethical-the-counter and over-the-counter drugs. Conclusion: Differences were observed in age, gender, reported medications, and symptoms for both ethical-the-counter and over-the-counter drugs. Further pharmacovigilance activities considering the adverse event characteristics of over-the-counter drugs, which are comparable to ethical-the-counter drugs, should be performed.

A Study on Arbitration Qualification of Intellectual Property Right Dispute - Focus on Korea and China - (지적재산권분쟁의 중재적격에 관한 연구 -한국과 중국을 중심으로-)

  • Choi, Song-Za
    • Journal of Arbitration Studies
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    • v.21 no.2
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    • pp.27-46
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    • 2011
  • In the intellectual based society of the 21th century, intellectual property of nation and enterprise management has been the key element of nation's competitiveness and development. Therefore in countries like Korea, China, and many other countries, intellectual property of advancement strategy are being constructed and intellectual properties are protected at national level. Top priority task of protecting the intellectual property is to efficiently resolute intellectual property right disputes. Considering the nature of intellectual property right and arbitrage system, arbitration to solve intellectual property disputes is realistically the best method. However, not all cases of them are qualified. In order to relieve the intellectual property disputes through arbitration, qualification must be obtained. During the process, generally and globally, intellectual property right dispute is evaluated by three parts, intellectual property right contract dispute, intellectual property right violation dispute, and intellectual property right validity dispute. Based on UN's "Convention on the Recognition and Enforcement of Foreign Arbitral Awards Agreement" in 1958, June 10th, in New York, both arbitrage organization and judgment can be approved in both Korea and China countries. However, as of today, there is a big gap of arbitration qualification between two countries, which can be troublesome if intellectual property right disputes arise. For instance, in Korea, intellectual property right contract disputes and intellectual property right violation disputes are both generally accepted as arbitration qualification. However for intellectual property right validity dispute, arbitration qualification is only accepted for non-registered intellectual property as in copyright entity. It does not apply to other registered intellectual property right as in patents. In China, arbitration qualification is accepted for intellectual property right contract dispute, and also accepted for intellectual property right violation dispute to copyrights but restricted to others. As for intellectual property right validity dispute, arbitration qualification is completely denied. Therefore, when there is an intellectual property right dispute between Korea and China, the biggest problem is whether China will accept arbitrage judgments made in Korea. Theoretically, arbitrage judgement made in Korea should be also accepted in China's court. However, considering the criticism of China's passive nature of arbitration qualification for its own local intellectual property right disputes, it's very unlikely they'll actively accept arbitrary judgment made in foreign countries. Korea and China must have a more open minded approach for intellectual property disputes and arbitration qualification. Base on WTO's Intellectual Property Right Agreement, it's being defined as private right. Therefore, sovereign principle should be the basic principle of solving intellectual property right disputes. Currently, arbitration qualification is expanding internationally. So both Korea and China must also follow the trend expand the arbitration qualification with a more open minded and forward looking approach, for the good of intellectual property disputes.

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Behavioral Characteristics of Second Graders in Science Learning Situations: A Phenomenological Research on a Motivation System about Science Learning (초등학교 2학년 학생들이 과학학습 상황에서 보이는 행동 특성: 과학학습 동기체계에 관한 현상학적 연구)

  • Lim, Sung-Man;Kang, Won-Mi;Wee, Soo-Meen;Yang, Il-Ho
    • Journal of The Korean Association For Science Education
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    • v.32 no.4
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    • pp.625-640
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    • 2012
  • The purpose of this study was to investigate the behavioral characteristics of elementary second graders depending on SL-BIS/BAS (Behavioral Inhibition/Activation System about Science Learning) in science learning situation. For this study, 20 second grade students participated. This study followed a phenomenological research method, a form of qualitative research. As the results show, students who have a sensitive motivation system to SL-BIS directly expressed their disappointment of the result and easily get distracted in class when they failed in science learning activity. They participated in group work passively, for example, they interacted less in the group or avoided answering questions. Even though the students have a lot of questions that were usually simple, empty or repetitive words. They have within themselves the good will of challenging difficult experiment that was their only expression of passive will. The students have a tendency to be dependent on their friends in an experiment, making it unlikely that they preferred group work from the beginning. Otherwise, students who have sensitive motivation system to SL-BAS endured science learning activity to the end regardless of the negative result. In particular, they were enthusiastically working on home-school materials. When the students succeeded in the experiment, they responded to the cheers and openly expressed their feeling. They were satisfied with their achievement. The students have more desire for in-depth activity. Their questions were more progressive, specific and expanded. They showed a strong desire to challenge difficult experiment and preferred to interact with their group members to help each other. Based on the results, they were limited but we could find that the behavioral characteristics of second grade students in science learning situations can be predicted with a score of SL-BIS/BAS t.

Direct-fed Microbials for Ruminant Animals

  • Seo, Ja-Kyeom;Kim, Seon-Woo;Kim, Myung-Hoo;Upadhaya, Santi D.;Kam, Dong-Keun;Ha, Jong-K.
    • Asian-Australasian Journal of Animal Sciences
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    • v.23 no.12
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    • pp.1657-1667
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    • 2010
  • Direct-fed microbials (DFM) are dietary supplements that inhibit gastrointestinal infection and provide optimally regulated microbial environments in the digestive tract. As the use of antibiotics in ruminant feeds has been banned, DFM have been emphasized as antimicrobial replacements. Microorganisms that are used in DFM for ruminants may be classified as lactic acid producing bacteria (LAB), lactic acid utilizing bacteria (LUB), or other microorganisms including species of Lactobacillus, Bifidobacterium, Enterococcus, Streptococcus, Bacillus and Propionibacterium, strains of Megasphaera elsdenii and Prevotella bryantii and yeast products containing Saccharomyces and Aspergillus. LAB may have beneficial effects in the intestinal tract and rumen. Both LAB and LUB potentially moderate rumen conditions and improve feed efficiency. Yeast DFM may reduce harmful oxygen, prevent excess lactate production, increase feed digestibility, and improve fermentation in the rumen. DFM may also compete with and inhibit the growth of pathogens, stimulate immune function, and modulate microbial balance in the gastrointestinal tract. LAB may regulate the incidence of diarrhea, and improve weight gain and feed efficiency. LUB improved weight gain in calves. DFM has been reported to improve dry matter intake, milk yield, fat corrected milk yield and milk fat content in mature animals. However, contradictory reports about the effects of DFM, dosages, feeding times and frequencies, strains of DFM, and effects on different animal conditions are available. Cultivation and preparation of ready-to-use strict anaerobes as DFM may be cost-prohibitive, and dosing methods, such as drenching, that are required for anaerobic DFM are unlikely to be acceptable as general on-farm practice. Aero-tolerant rumen microorganisms are limited to only few species, although the potential isolation and utilization of aero-tolerant ruminal strains as DFM has been reported. Spore forming bacteria are characterized by convenience of preparation and effectiveness of DFM delivery to target organs and therefore have been proposed as DFM strains. Recent studies have supported the positive effects of DFM on ruminant performance.

Chronic Fatigue Syndrome (만성 피로증후군)

  • Jung, Seung-Pil;Lee, Keun-Mi
    • Journal of Yeungnam Medical Science
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    • v.24 no.1
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    • pp.1-10
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    • 2007
  • The chronic fatigue immune dysfunction syndrome (abbreviated CFIDS or CFS) is a disorder characterized by debilitating fatigue(over 6 months.), along with cognitive, musculoskeletal, and sleep abnormalities. The etiology of this illness is unlikely to be a single agent. Findings to date suggest that physiological and psychological factors work together to predispose and perpetuate the illness. Diagnosis is made difficult by the nonspecific clinical findings and no available diagnostic testing. With no known cause or cure for the chronic fatigue and immune dysfunction syndrome, treatment is based on relieving symptoms and improving the quality of life of affected patients. There is emerging evidence that chronic fatigue syndrome may be familial. In the future, studies will examine the extent to which genetic and environmental factors play a role in the development of chronic fatigue syndrome. Most patients with CFS have psychiatric problems such as a generalized anxiety disorder, or major or minor depression, therefore, these mental health disorders may be correlated with the pathophysiology of the CFS. The treatment for CFS must be individualized, due to the heterogeneity of the CFS population. Also the treatment of CFS is built on a foundation of patient-physician relationship, respect and advocacy.

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MINERAL NUTRITION OF GRAZING SHEEP IN NORTHERN CHINA II. SELENIUM, COPPER, MOLYBDENUM, IRON AND ZINC IN PASTURE, FEED SUPPLEMENTS AND SHEEP

  • Masters, D.G.;Purser, D.B.;Yu, S.X.;Wang, Z.S.;Yang, R.Z.;Liu, N.;Lu, D.X.;Wu, L.H.;Ren, J.K.;Li, G.H.
    • Asian-Australasian Journal of Animal Sciences
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    • v.6 no.1
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    • pp.107-113
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    • 1993
  • This study determined the concentrations of micro-minerals in pastures, in feed supplements and in grazing, reproducing ewes, at different times during the year, at three farms in Northern China. Samples were collected 5 to 8 times during the year and analysed for selenium, copper, iron, molybdenum and zinc. On two farms selenium concentrations in both pastures and animal tissues were low for part of the year. The lowest concentrations in pasture (< $30{\mu}g/kg$ DM) and liver (< $100{\mu}g/kg$ wet weight) indicated that productivity of the sheep may be reduced by a deficiency of this element. On one farm copper concentrations in the lever were in the liver were in the deficient range (< $5{\mu}g/kg$ wet weight) for part of the year. It is likely that this is a result of high intakes of iron from pasture (up to 4.5 g Fe/kg DM) and soil, as indicated by high concentrations of iron in faeces (up to 7 g Fe/kg DM). Molybdenum intake is unlikely to have had much influence on copper absorption because pasture concentrations of this element were not unusually high (1 to 5 mg/kg DM). Zinc in pastures on two farms was below 10 mg/kg DM for part of the year. On one of these farms, the concentration of zinc in faeces was below 30 mg/kg DM throughout the year and this is consistent with zinc intakes of 7 to 15 mg/kg. Despite these low intakes, the concentratons of zinc in plasma were consistently above deficient levels. No clinical signs of deficiencies of any of the elements studied were observed.

Interim Relief in International Commercial Arbitration (국제상사중재(國際商事仲裁)에 있어서 중간보전조치(中間保全措置))

  • Lee, Kang-Bin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.131-149
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    • 2000
  • In connection with international commercial arbitration the need to seek interim relief is generally recognized. Interim reliefs address the requirements of a party for immediate and temporary protection of rights or property pending a decision on the merits by the arbitral tribunal. The most common forms of interim relief are attachments and injunctions. If the arbitral tribunal has not yet been appointed, an application for interim relief must usually be addressed to the local courts at the place of commercial arbitration. If the arbitral tribunal has been appointed, the application for interim relief is first made to the arbitral tribunal. Interim relief by the arbitral tribunal is in the form of a direction to the parties. Since the arbitral tribunal has no enforcement power, it may be necessary to have a arbitral tribunal's direction confirmed by a local court which can enforce its order. The New York Convention does not provide for interim reliefs. The question is whether Article II(3) of the New York Convention that the court "shall, at the request of one of the parties, refer the parties to arbitration" denies jurisdiction to courts to grant interim reliefs in international commercial arbitration. Some cases have indicated that the U. S. court have no power to grant interim relief. Other cases have indicated that the U. S. courts do have the power to grant interim relief. It is unlikely that a U. S. court will order interim relief in relation to an commercial arbitration in a foreign country. Article 26 of the UNCITRAL Arbitration Rules provides with respect to interim measures of protection. Section 1 of Article 26 of UNCITRAL Arbitration Rules provides that the arbitral tribunal may take any interim measures it deems necessary in respect of the subject matter of the dispute, including measures for the conservation of the goods forming the subject matter in dispute. This article gives the arbitral tribunal the broadest authority, not limited to safeguarding property. Article 17 of the UNCITRAL Model Law on International Commercial Arbitration provides that the arbitral tribunal may order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject matter of the dispute. It may be noted that the article does not deal with enforcement of such measures. The International Chamber of Commerce Rules of Conciliation and Arbitration do not expressly empower the arbitral tribunal to grant interim reliefs. However, Article 8.5 of the ICC Rules of Conciliation and Arbitration provides that the parties shall be at liberty to apply to any competent judicial authority for interim measures. In conclusion, the power of the arbitral tribunal to provide interim reliefs is generally recognized in the arbitration rules of arbitral institutions. However, the arbitral tribunal's authority is limited by its lack of enforcement mechanisms. It is generally recognized that the local courts have power to grant interim reliefs in aid of an commercial arbitration. However, local courts are reluctant to grant interim reliefs if that decision requires an adjudication of issues within the special competence of the arbitral tribunal.

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Risk Factors for Clinical Metastasis in Men Undergoing Radical Prostatectomy and Immediate Adjuvant Androgen Deprivation Therapy

  • Taguchi, Satoru;Fukuhara, Hiroshi;Kakutani, Shigenori;Takeshima, Yuta;Miyazaki, Hideyo;Suzuki, Motofumi;Fujimura, Tetsuya;Nakagawa, Tohru;Igawa, Yasuhiko;Kume, Haruki;Homma, Yukio
    • Asian Pacific Journal of Cancer Prevention
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    • v.15 no.24
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    • pp.10729-10733
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    • 2015
  • Background: Adjuvant androgen deprivation therapy (ADT) is a treatment option for prostate cancer (PC) patients after radical prostatectomy (RP). Although it can achieve a good progression-free survival rate, some patients still develop clinical metastasis. We here investigated risk factors of clinical metastasis in post-prostatectomy patients who received immediate adjuvant ADT. Materials and Methods: We identified 197 patients with non-metastatic PC who underwent RP at our institution between 2000 and 2012, followed by adjuvant ADT. The associations of various clinicopathologic factors with clinical metastasis (primary endpoint) and cancer-specific survival (secondary endpoint) were assessed. Multivariate analysis was conducted using a Cox proportional hazards model. Median follow-up was 87 months after RP. Results: Nine (4.6%) patients developed clinical metastasis and six (3.0%) died from PC. Eight of nine metastatic patients had a pathologic Gleason score (GS) 9 and developed bone metastasis, while the remaining one had pathologic GS 7 and developed metastasis only to para-aortic lymph nodes. On multivariate analyses, pathologic GS ${\geq}9$ and regional lymph node metastasis (pN1) were independent predictors of clinical metastasis and pathologic GS ${\geq}9$ was an independent predictor of cancer-specific death. Conclusions: Pathologic GS ${\geq}9$ and pN1 were independent predictors of clinical metastasis in post-prostatectomy patients who received immediate adjuvant ADT. Furthermore, pathologic GS ${\geq}9$ was an indispensable condition for bone metastasis, which may imply that patients with GS ${\leq}8$ on adjuvant ADT are unlikely to develop bone metastasis.