• The Korean Society of Law and Medicine
• /
• v.20 no.1
• /
• pp.203-242
• /
• 2019

Since 2006, local governments in Korea have been providing premiums for social insurance, such as the National Health Insurance System, for the health care of local residents. The purpose of this study is to analyze the content of self-governing legislation that defines these policies. The method of conducting the research was based on the articles of the ordinance related to the 'public health insurance premium' of the self-governing statutes published on the website of the National Law Information Center. As of May 2019, 201 municipalities have enacted ordinances to support public health insurance premiums. In the case of state local governments, 8 out of 17 were found, and in the case of basic local governments, 193 out of 226. The constitution of the ordinance consisted of purpose, time of enactment, type of social insurance premium, object of social insurance premium, amount of social insurance premium support, method and process of social insurance premium support, time of social insurance premium support. This study analyzed contents of these articles. Finally, this study presented issues that could be controversial from the policy and legal viewpoints and suggestions for improvement.

• The Korean Society of Law and Medicine
• /
• v.20 no.1
• /
• pp.3-24
• /
• 2019

This research examines the constitutional meaning of the right to health through reviewing the decisions of the Constitutional Court and proposed amendment of the Constitution issued by the President. This article further discusses the relationship between the right to a humane livelihood and the right to health. Health is a fundamental freedom and inalienable human right which is a prerequisite to accomplish individual's independent activity and realization of value. Thus, the government is obligated to protect and uphold the right. Article 36(3) of the Constitution delineates the government's duty to protect and fulfill the right to health. Through the interpretation of both Article 36(3) and Article 34 of the Constitution, I suggest that the right to health implies 'the right to social security for health'. The Constitutional Court has narrowly interpreted the scope of the right to a humane livelihood by defining the term as "minimum material living standards". However, it should be interpreted as 'the right to enjoy a healthy and cultural life for human dignity' and setting the level of protection is solely on the discretion of the legislative branch. Ultimately, the judicial review on the right to a humane livelihood connects with the issue of rational control for legislative discretion.

• The Korean Society of Law and Medicine
• /
• v.16 no.1
• /
• pp.289-312
• /
• 2015

The propagation of Infectious Diseases is very dreadful. It is not easy to detect through whom and where Infectious diseases start. Due to traffic development, these days, viral infectious diseases that weren't known in Korea in the past sometimes emerge in Korea, that is, probability to be propagated by certain viral infectious disease is getting bigger and bigger. The prevention of infectious diseases should be thoroughly blocked before they are introduced, nevertheless, when introduced, the government has a duty and responsibility to prevent them from spreading as soon as possible. There may be a terrible case that a certain infectious disease is spreading all over the world. Of course, in this case, cooperation between countries becomes more and more important than ever. But even in this situation, the nation's role should not decrease. Quarantine Law in Korea says that the government can take a quarantine measures to minimize the risk of infection. So the government can isolated questionable people with the risk of infection as well as people with the risk of infection. Quarantine or Isolation is a quite effective measures to prevent the viral infectious disease, however, it allows all subjects' right of freedom to be restricted. So, in any case that a infectious disease is spreading quickly, the probability for subjects to be isolated unreasonably or preposterously can probably happen. In this paper, I'll consider and discuss about the harmony between Public Health and Human Rights through quarantine or isolation.

• The Korean Society of Law and Medicine
• /
• v.19 no.1
• /
• pp.143-163
• /
• 2018

Implant procedure belongs to so called a commercialized medical treatment, its procedure is simple and clear, and the possibility of success is almost 100%. In addition, it is a selective method rather than an inevitable method for a patient's health, so the importance of liability for explanation is especially emphasized for protection of autonomous decisions by patients. Considering these characteristics, the plaintiff in the relevant case said that the contract of implant procedure has the characteristic of subcontract, and only the failure of implant itself and the violation of liability for explanation should be the defendant's fault liability. In addition, although the above procedure contract is considered as delegation rather than subcontract, whether it's the defendant's malpractice should be judged by general people's common sense rather than average people in the industry. Therefore, if all the implanted teeth were removed due to bleeding and pains, and the patient suffered from dysaesthesia during the process, the defendant's malpractice is fully proved. When the judgements of implant medical malpractice were researched, the court doesn't consider implant contract as subcontract, but it judges dentist's malpractice by whether the implant itself is successful, so it seems that the court acknowledges similar characteristics with subcontract whose purpose is completion of work to some degree. In addition, considering the detailed contents of presented medical malpractices, it seems that judging medical malpractice is based on the common sense of general people. Therefore, the argument of the plaintiff is valid when the fact the adjustment amount is relevant to the amount that the plaintiff initially claimed is considered even though the relevant case was decided to be compulsory mediation.

• The Korean Society of Law and Medicine
• /
• v.20 no.2
• /
• pp.261-285
• /
• 2019

The essential policy of suicide prevention is to continuously manage and treat suicide attempted people through data base related to suicide retry rate and follow-up study report. In Korea, only few people are allowed to follow-up by the Personal Information Protection Act. As a result, the research participation rate and the service participation rate are rather low, so that the research participants is limited to a part of the suicide attempted people. Therefore, the policy proposals to be improved in the Ministry of Health and Welfare Act were examined comparatively in order to increase the practical utilization of the suicide prevention about Article 14 and Article 20 of the Suicide Prevention Act. As a criterion for policy improvement, measures for non-discrimination of information to be considered in terms of technical and ethical dimensions and non-profit research and medical information for medical purposes were suggested. In addition to the severity of the suicide, the suicide risk was assessed and the criteria for the objective assessment of the follow-up observation were considered in consideration of the severity of the suicide.

• Journal of Legislation Research
• /
• no.44
• /
• pp.103-153
• /
• 2013

This article aims at the legislation of User-Protection Act in area of ICT. In these days telecommunication and broadcasting are getting more and more convergent. The paradigm of ICT is turning over from the service provider to the end-user. User protection has been in each erea of ICT (C-P-N-D) individually regulated. In the area of telecommunication it is important to protect the interest of user, who stands in contract with the service provider. And in area of broadcasting it is important to protect the interest of viewers, who stands "gratis" with the broadcasters without any contracts. For the more efficient user-protection it is also necessary to make a dedicated organization under KCC(Korean Communications Committee). In this early year the government organization was divided into MSIP(Ministry of Science, ICT and future planing) and KCC. The user-protection act will be very important instrument of ICT regulation in the era of creative economy. It is necessary to establish a new frame act of user protection. It is also necessary to make start to establish a new system of user education in erea of ICT. It is strongly expected the new act will be a turning point of ICT development in Korea.

• The Journal of the Korea Contents Association
• /
• v.19 no.3
• /
• pp.114-125
• /
• 2019

The frequency of official injury of fire-fighting officers exposed to an extreme situation in disaster areas has been continuously increased. In spite of increase of injury, procedures of injury approval are complex, so the working environment of fire-fighting officers is very poor in terms of safety management. This study was, therefore, conducted to provide basic data for improvement of the injury management system for fire-fighting officers, by empirically analyzing the system for those in Busan city. The findings of the empirical analysis are as follows: first, the frequency of injury experienced by them is higher than that of other occupations; second, application for injury is not actively made; third, fire-fighting officers should bear the expense if injury is approved. On the basis of such an analysis on actual conditions, an analysis on policy factors for improving the injury management system shows; first, various high-risk matters should be considered in the review of application for injury, for improvement factors of the application for injury, while it is necessary to extend the benefit and support project for injured officers, for operation improvement factors of the injury management system, and the compensation act should be improved, for the improvement factors of the injury system. Second, it is urgent to develop damage prevention and coping education program for improving the injury management system. In addition, the simplification of administrative procedures of application for injury and the extension of benefit and support project for injured officers should be realized as soon as possible, moreover, the enhancement of directors' interest and support is also required.

• The Journal of the Korea Contents Association
• /
• v.19 no.3
• /
• pp.520-529
• /
• 2019

This study is intended to provide basic data for health management of firefighters in the future by empirically looking into health hazard factors of firefighters in Busan City. It was revealed that firstly, the danger of harmful chemicals in a fire was perceived the most by firefighters, who extinguish a fire in person on the scene of a fire, and it was followed by the danger of falling while putting out a fire. This study is intended to provide basic data for health management of firefighters in the future by empirically looking into health hazard factors of firefighters in Busan City. It was revealed that firstly, the danger of harmful chemicals in a fire was perceived the most by firefighters, who extinguish a fire in person on the scene of a fire, and it was followed by the danger of falling while putting out a fire. Moreover, the danger of shift work was perceived the most by paramedics. This corresponds to the existing studies arguing that shift work is harmful to health. Next, the overload of patient transport was recognized as the second biggest hazard factor. This demonstrates they are worried about various second accidents that may happen due to a lot of patient transport works. In addition, the possibility of causing a traffic accident was perceived as a hazard factor too, since they must drive ambulance cars quickly to transport patients. Lastly, rescue workers regarded these hazard factors to be most dangerous. This is associated with their occupational characteristics, because rescue workers are the closest to diverse risks including a fire.

• Journal of Legislation Research
• /
• no.41
• /
• pp.7-42
• /
• 2011

The social welfare law concerning the children, the elderly and the disabled has been sufficiently in the center of the discussion in the academic as well as practical arena. One can find however rarely academic proposals about the way of understanding, spheres affiliated with this legal system, and systematic characteristics. So these problems stay now vague. This article aims to approach to these points of issue. First, it tries to reveal the physical, psychological and psychic characteristics of these group of people. These situation are not to be effectively protected by norms and measures provided by other instruments of social security, i.e. social insurances and social assistances. Second, based upon these functional limits inherent to these instruments of social security the own system of the social welfare law is explored in this article. The discussing points are as follows; 1. the concept of social welfare law, 2. as core principles; realization of the personality and freedom based upon self-determination right, universalism and equality. 3. rearrangements of the legal provisions to bring harmony with the legal purpose and function of social welfare law. Finally, it is pointed that the evaluation of the relevant legislation is essential, since in this area the difference between the norm purpose and the reality could be immense.

• Journal of Legislation Research
• /
• no.44
• /
• pp.185-209
• /
• 2013

With the broader range of information and communications technology, of which fashion is a foundational medium, to analyze fashion as an information technology in order to better understand the industry's desire for intellectual property protection, popular resistance to such protection, and the most efficacious balance between them in terms of creative expression. It is, therefore to be focused on cultural and historical reasons for the limited degree of intellectual property protection extended in the past to certain categories of human creativity, including fashion design. So, the question of why some tension still exists between creators and consumers of fashion, how information theory can contribute to an explanation for that tension, and what role law can play in its resolution with Louboutin case and Levi case. Consumers and designers alike are better served by promotion of fair competition, lower litigation costs, and the inventive synergy of the fashion industry. Louboutin shows the comfortable, respectful limits of trademark law, while Levi illustrates the dangerous, overreaching deference that a few circuits have granted to famous marks. The Supreme Court could clarify the standard for dilution claims, requiring that a junior mark be "identical or nearly identical" or even "significantly similar" to a senior mark. Courts should need a deference in making dilution determinations and can choose to make this factor quite subjective with the highest degree of similarity.