• Title/Summary/Keyword: 사회보장법

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Advances of Hospice Palliative Care in Taiwan

  • Cheng, Shao-Yi;Chen, Ching-Yu;Chiu, Tai-Yuan
    • Journal of Hospice and Palliative Care
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    • v.19 no.4
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    • pp.292-295
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    • 2016
  • Hospice and palliative care in Taiwan has been growing continuously. The 2015 Quality of Death index, as rated by the Economist Intelligence Unit, ranked Taiwan first among Asian countries and sixth in the world. In this review article, we highlight three particular areas that might have contributed to this success; the laws and regulations, spiritual care and research network. Finally, we discuss the future challenges and prospects for Taiwanese encounters. A systemic review was conducted with the keywords "hospice palliative care Taiwan" using PubMed. The passing of the "Natural Death Act" in 2000 set the example and established a landmark for patient autonomy in Asia; it guarantees the patient's right to request that medical staff do not resuscitate (DNR) them and to reject other futile medical treatments at the end of their life, thus reflecting the importance of palliative care from the policy perspective. In 2015, Taiwan passed another pioneering law entitled the "Patient Autonomy Act". This law states that a patient may decline medical treatment according to his/her own will. Taiwanese indigenous spiritual care was launched in 2000. It requires a Buddhist Chaplain to successfully complete a training program consisting of lectures, as well as bedside practicum before applying Buddhist practices to end-of-life care. The Japan-Korea-Taiwan research network was established for the purpose of enabling collaborative research for the East-Asian collaborative cross-cultural Study to Elucidate the Dying process (EASED) cohort. With consensus from the government and society to make it a priority, hospice and palliative medicine in Taiwan has been growing steadily.

An Exploratory Study of the Effecitve Medical Supports for the Sexual Violence Vvictims: Based on Medical Doctors' Attitudes Toward the Victims, Medical Services Provided and Needs for Medical Supports (성폭력피해자를 위한 의료지원에 대한 전문가의견조사: 경남지역 의사의 성폭력에 대한 태도, 진료실태와 의료지원 필요도를 중심으로)

  • Lee, Myung-Shin;Lee, Gye-Min
    • Korean Journal of Social Welfare
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    • v.61 no.1
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    • pp.263-291
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    • 2009
  • This study aims to explore the possible ways to establish the effective medical supports for the sexual violence victims(svv). Using the data collected from 83 male and female doctors who are interested or involved in providing medical services for the victims, the doctors' attitudes toward the victims, medical services provided, and their needs for the possible medical supports were investigated. For comparison, 3 different groups of doctors were presented. The doctors who had treated svv(type1) seemed to have a difficulty in receiving the fee for the treatment of svv, and to have higher needs for the spermatic(fluid) test as well as the diverse supports for the testimony in courts. The doctors who had no experience of treatment, but were supposed to treat svv(type2) seemed to have negative attitudes toward the victims, and expect more difficulties in treating svv. The doctors of type2 had lower needs for the support for the specialized medical services and assessment of the sexual assault, but higher needs for the testimony supports. The doctors who had no experience of treatment, and were not supposed to treat svv(type3) appeared to have less negative attitudes toward the victims, but more knowledge of law and the community organizations for svv. The type3 doctors seemed to have higher needs for the supports for the specialized medical services, assessment for the sexual assault, and testimony in the courts. Based on the findings, the intervention strategies to create a new effective medical support system for the sexual violence victims were suggested.

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An Analysis on Policy of Independent College using the Four-Dimensional Framework (중국의 독립학원 정책 분석 : 다차원 교육정책분석 모형을 중심으로)

  • Wu, Shan;Chung, Jae Young;Jang, Su Yeon
    • Korean Journal of Comparative Education
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    • v.27 no.1
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    • pp.171-197
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    • 2017
  • China's independent college approved private education investment, and facilitates the use of funds to support individual investors, corporations, and society. In contrast to China's public universities, the college guarantee private school method of operation. Its bachelor's degree, admission to students, the establishment of a separate corporation, and the recognition of scholastic achievements, was established with the aim of ensuring the diversity of higher education institutions in China. However, since the early 1990s, the independent college, which has emerged as a new way of higher education in China, has achieved quantitative growth over the past 30 years, but the quality of education has not yet grown. The reason why the independent college in China is interested is that it receives support from the facilities and professors of the original public college, and the major in which it is established and shares the reputation of the university. This study tried to analyze the policy of independent college which is a unique higher education institution in China. For this purpose, we use Four-Dimensional Framework to analyze the problem of China's independent colleges. It examines the profitability and non-profitability of independent college as a normative dimension and analyzes the Chinese society that have the old "guanxi" culture core in China. On the structural dimension, we analyzed the structure of the relationship in educational administrative institution. On the constituentive dimension, we observed that the various stakeholders who are interested in the independent college policy. Finally, we searched for future directions of the independent college centered on the process of legalization of independent colleges in technical dimension. The results of this analysis suggest the implications of the direction of China's independent college policy.

A Study on the allowed range of viewing and copying right of criminal victim's investigation records (범죄 피해자의 수사기록 열람·등사권의 허용 범위에 관한 연구)

  • NAM, SEON MO
    • The Journal of the Convergence on Culture Technology
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    • v.5 no.1
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    • pp.127-137
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    • 2019
  • In this study, I set the allowable range of viewing / copying rights of investigation records on criminal victims and bereaved families in the procedure of investigation. I tried to grasp the contents of the suspect's statement at an early stage and support it in order to cope appropriately Recently, the social consideration of people suffering from crime victims is expanding in fact. The scope of the investigation is set by the lawyer of the suspect in relation to the subordinate statute concerning the investigation and reading of the investigation record. In parallel, it is necessary to apply to the victim's lawyer or bereaved. This is a part that coincides with the purpose of certifying private rights such as browsing of litigation records to the victim and ultimately has a purpose related to the allowable range. Although it is the right to receive the investigation result at each stage, it is not used properly. Especially when distorted investigation progresses, if the suspect is not prosecuted, the victim may be in a state of regret. The important part can be summarized as the question of whether the investigation of the victim's lawyer is allowed to view and access the criminal records. This section has been reviewed with a focus on the current Act and its functional aspects should be emphasized and revised in accordance with the legal environment. These findings will contribute to ensuring victims' rights in the future. It is also used as an important resource in the legislative process, including the revision of the criminal procedure law.

Comparative Analysis of Community Health Practitioner's Activities and Primary Health Post Management Before and After Officialization of Community Health practitioner (보건진료원의 정규직화 전과 후의 보건진료원 활동 및 보건진료소 관리운영체계의 비교 분석)

  • Yun, Suk-Ok;Jung, Moon-Sook
    • Journal of agricultural medicine and community health
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    • v.19 no.2
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    • pp.141-158
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    • 1994
  • To provide better health care services to the rural population, the government has made the Community Health Practitioner(CHP) a regular government official from April 1, 1992. This study was carried out to study the impact of officialization of CHP on the activities and management system of Primary Health Post(PHP). Fifty PHPs were selected by two stage sampling, cluster and simple random, from 595 PHPs in Kyungnam and Kyungpook provinces. Data were collected by a personal interview with CHPs and review of records and reports kept in the PHPs. The study was done for the periods of January 1-March 31, 1992 (before officialization) and January 1-March 31, 1993 (after officialization). Ninety-six percent of the CHPs wanted to become a regular government official in the hope of better job security and higher salary. The proportion of CHPs who were proud of their iob was increased from 24% to 46% after officialization. Those CHPs who felt insecure for their job decreased from 30% to 10%. Monthly salary was increased by 34% from 802,600 Won to 1,076,000 Won and 90% of the CHPs were satisfied with their salary, also more CHPs responded that they have autonomy in their work planning, implementation of plan, management of the post, and evaluation of their activity. There were no appreciable changes in such CHPs' activities as assessment of local health resources, drawing map for the catchment area, utilization of community organization, grasping the current population structure in the catchment area, keeping the family health records, individual and group health education, and school health service. However, the number of home visits was increased from 13.6 times on the average per month per CHP to 27.5 times. More mothers and children were referred to other medical facilities for the immunization and family planning services. Average number of patients of hypertension, cancer, and diabetes in three months period was decreased from 12.7 to 11.6, from 1.5 to 1.2, and 4.3 to 3.4, respectively. Records for the patient care, drug management, and equipment were well kept but not for other records. The level of record keeping was not changed after officialization. The proportion of PHPs which had support from the health center was increased for drug supply from 14.0% to 30.0%, for consumable commodities from 22.0% to 52.0%, for maintenance of PHP from 54.0% to 68.0%, for supply of health education materials from 34.0% to 44.0%, and supply of equipment from 54.0% to 58.0%. Total monthly revenue of a PHP was increased by about 50,000 Won; increased by 22,000 Won in patient care and 34,700 Won in the government subsidy but decreased in the membership due and donation. However, there was no remarkable changes in the expenditure. The proportion of PHPs which had received official notes from the health center for the purpose of guidance and supervision of the CHPs was increased from 20% to 38% during three months period and the average number of telephone call for supervision from the health center per PHP was increased from 1.8 to 2.1 times(p<0.01). However, the proportion of PHPs that had supervisory visit and conference was reduced from 79% to 62%, and from 88% to 74%, respectively. The proportion of CHPs who maintained a cooperative relationship with Myun Health Workers was reduced from 42% to 36%, that with the director of health center from 46% to 24%, that with the chief of public health administration section from 56% to 36%, and that with the chairman of PHP management council from 62% to 38%. Most of the CHPs (92% before and 82% after officialization) stated that the PHP management council is not helpful for the PHP. CHPs who considered the PHP management council unnecessary increased from 4% to 16%(p<0.05). Suggestions made by the CHPs for the improvement of CHP program included emphasis on health education, assurance of autonomy for PHP management, increase of the kind of drugs that can be dispensed by CHPs, and appointment of an experienced CHP in the health center as the supervisor of CHPs. The results of this study revealed that the role and function of CHPs as reflected in their activities have not been changed after officialization. However, satisfaction in job security and salary was improved as well as the autonomy. Support of health center to the PHP was improved but more official notes were sent to the PHPs which required the CHPs more paper works. Number of telephone calls for supervision was increased but there was little administrative and technical guidance for the CHP activities.

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A Plan for Activating Elderly Sports to Promote Health in the COVID-19 Era (코로나19 시대 건강증진을 위한 노인체육 활성화 방안)

  • Cho, Kyoung-Hwan
    • Journal of Korea Entertainment Industry Association
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    • v.14 no.7
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    • pp.141-160
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    • 2020
  • The purpose of this study was to devise a specific plan for activating sports to promote health in old age against the prolonged COVID-19 pandemic. Through literature review, it also analyzed the association between health status and COVID-19 in old age, suggested health promotion policies and projects for elderly people, and presented a plan for activating sport to promote health in old age against COVID-19 era. First, it is necessary to revise the relevant laws, including the Sport Promotion Act and the Elderly Welfare Act, partially or entirely, make developmental and convergent legislations for elderly health and sports, and establish an institutional device as needed. Second, it is necessary to build an integrated digital platform for the elderly and make a supporting system that links facilities, programs, information, and job creation as part of a New Deal program in the field of sports on the basis of the Korean New Deal. Third, it is necessary to train elderly welfare professionals. Efforts should be made to establish more departments related to elderly sports in universities and make it compulsory to place elderly sports instructors at elderly leisure and welfare facilities. Fourth, it is necessary to develop contents related to health in old age. This means performing diverse movements by manipulating them through a virtual reality (VR) simulation. Fifth, it is necessary to make a greater investment in research and development related to elderly sports and relevant fields. This means the need to conduct constant research on healthy and active aging in a systematic and practical way through multidisciplinary cooperation. Sixth, it is necessary to establish and operate an elderly management agency (elderly health agency) under the influence of the Office of the Prime Minister. This means the need to secure independence in implementing the functions related to health promotion in old age and make comprehensive operation, which involves all the issues of health promotion in old age, daily function maintenance and rehabilitation, social adjustment, and long-term care, by establishing an elderly management agency in an effort to give lifelong health management to the elderly and cope with the untact, New Normal age.

Study on the Legal Issues of New Draft of Civil Aviation Law in China (중국 민용항공법 개정 최근 동향과 주요 법적쟁점)

  • Lee, Hwa
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.177-214
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    • 2016
  • During more than 20 years of practice, Civil Aviation Law has experienced three times of amendments since it was enacted in 1995. But these revisions are limited to the technical level. The problems and limitations have become increasingly prominent in its implementation. Firstly, the civil aviation law is the result of interests game among several departments and some legal issues was left behind and the regulation was very vague as a result. Secondly, the process of aviation legislation is the process that the country has undergone profound changes and social transformation. The 20 years is long enough for the society to undergo tremendous changes and 1995 version of civil aviation law does not keep pace of development of economy. There was a serious lag between reality and the law. In order to actively promote the development of the aviation industry and overcome implementation issues of the Civil Aviation Law, Civil Aviation Administration of China (CAAC) initiated modification procedure the law and published new draft of Civil Aviation Law in August 2016. The spirit of this modification is to learn and absorb new achievements of domestic and foreign legislation and the International Convention on civil aviation. Furthermore, the purpose of the revision is to provide favorable policy for the development of civil aviation industry and improve aviation safety and supervision, strengthen and protection of consumer rights and interests, to enhance the safety of civil aviation activities, and promote the development of general aviation. This revision concerned to the 78 articles which are revised or deleted and 24 articles added. The highlights of the draft include but not limited to the enhancement of security management, clarification of the main responsibility for production safety. And also it added the provisions related to the construction of effective tracking capability of public air transport enterprises and license system on the transport of dangerous goods. Compared with the existing civil aviation law, the draft has made a great improvements. But there are several deficiencies and limitations in the drafts. These problems need to be supplemented and perfected through further amendments in near future.

A Study on the Improvement of Flexible Working Hours (탄력적 근로시간제 개선에 대한 연구)

  • Kwon, Yong-man
    • Journal of Venture Innovation
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    • v.5 no.3
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    • pp.57-70
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    • 2022
  • In modern industrial capitalism, the relationship between the provision of work and the receipt of wages has become an important principle governing society. According to the labor contract, the wages provided by entrusting the right to dispose of one's labor to the employer are directly compensated, and human life should be guaranteed and reproduced with proper rest. The establishment of labor relations under free contracts represents a problem in protecting workers, and accordingly, the maximum of working hours is set as a minimum right for workers, and the standard for minimum rest is set and assigned. The reduction of working hours is very important in terms of the quality of life of workers, but it is also an important issue in efficient corporate activities. As of 2020, Korea has 1,908 hours of annual working hours, the third lowest among OECD 37 countries in the happiness index surveyed by the Sustainable Development Solution Network(SDSN), an agency under the United Nations. Accordingly, the necessity of reducing working hours has been recognized, and the maximum working hours per week has been limited to 52 hours since 2018. In this situation, various working hours are legally excluded as a way to maintain the company's value-added creation and meet the diverse needs of workers, and Korea's Labor Standards Act restricts flexible working hours within three months, flexible working hours exceeding three months, selective working hours, and extended working hours. However, in the discussion on the application of the revised flexible working hours system in 2021 and the expansion of the settlement unit period recently discussed, there is a problem with the flexible working hours system, which needs to be improved. Therefore, this paper aims to examine the problems of the flexible working hours system and improvement measures. The flexible working hours system is a system that does not violate working hours even if the legal working hours are exceeded on a specific day or week according to a predetermined standard, and does not have to pay additional wages for excessive overtime work. It is mainly useful as a form of shift work in manufacturing, sales service, continuous business or electricity, gas, water, and transportation for long-term operations. It is also used as a way to shorten working hours, such as expanding holidays through short working days. However, if the settlement unit period is expanded, it is disadvantageous to workers as the additional wages that workers can receive will not be received. Therefore, First, in order to expand the settlement unit period currently under discussion, additional wages should be paid for the period expanded from the current standard. Second, it is necessary to improve the application of the flexible working hours system to individual workers to have sufficient consultation with individual workers in a written agreement with the worker representative, Third, clarify the allowable time for extended work during the settlement unit period, and Fourth, limit the daily working hours or apply to continuous rest. In addition, since the written agreement of the worker representative is an important issue in the application of the flexible working hours system, it is necessary to secure the representation of the worker representative.

Constitutional Issue Review of Compensation for Inevitable Medical Accidents During Delivery (불가항력 의료사고 보상사업에 대한 헌법적 쟁점 검토)

  • JUN, HYUN JUNG
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.153-185
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    • 2020
  • In principle, even if serious consequences such as death or serious injury of a patient occur as a result of a medical accident, if the medical malpractice of a health care worker is not recognized, the health care worker is not held liable for said consequences. However, with the opening of the Korea Medical Dispute Mediation and Arbitration Agency on April 7, 2012, a system was established to compensate health care personnel for their medical malpractices only in the case of "injuries caused by medical accidents in the course of childbirth" (hereinafter referred to as "program for compensation of medical accidents"). Article 46 paragraph 1 of the current Medical Dispute Mediation Act, which is the basis of the Force Majeure Medical Accident Compensation System, stipulates that "medical accidents under delivery" claims are to be determined by the Medical Accident Compensation Review Committee are subject to the compensation project. And the details of the compensation, ratio of sharing financial resources for compensation, scope of compensation, and the guidelines and procedure for the payment of compensations are prescribed by Presidential Decree. In other words, the Presidential Decree requires the state to pay 70 percent of the compensation funds, and 30 percent of the above funds among health care providers. The Constitutional Court has decided on the 2015Hun-Ga13 that the scope of the health care institution's founders and the share of the compensation funds cannot be directly determined by the law, and that the portion delegated by the Presidential decree does not violate the Principle of Legal Protection nor Comprehensive Nondelegation Doctrine. However, this can be seen as an exclusion of accountability for force-induced delivery accidents even if there is no negligence of the medical staff. If the nature of the system is a type of social security system with a social compensatory nature, it could consider eliminating the health care innovator's cost-sharing provisions, leaving the full cost to the state. However, it is also necessary to review institutional protocols that strengthen the efforts of medical institutions in areas such as analysis of the causes of medical accidents and measures to prevent their recurrence. In addition, I think that the conclusion of the Act is in line with the purpose of the Comprehensive Wage Support Regulations that at minimum the law sets an upper limit of the compensation funds that are to be paid by health and medical institutions. Moreover, it is reasonable for the Medical Accident Compensation Review Committee to specify gestational age and weight of births, which are the criteria for compensation, under the Enforcement Decree of the Medical Dispute Mediation Act, in relation to the criteria for payment of contributions by the Medical Accident Compensation Review Committee, and to set the detailed criteria.

Eine kritische Betrachtung $\ddot{u}$ber das Kompensations-Zusicherungsgesch$\ddot{a}$ft und die Typenanalyse f$\ddot{u}$r die medizinische Geburtsbehandlungsfehler (분만 의료사고에 대한 보상사업 -의료사고 피해구제 및 분쟁조정 등에 관한 법률 제46조에 관하여-)

  • Baek, Kyoung-Hee;Ahn, Bup-Young
    • The Korean Society of Law and Medicine
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    • v.12 no.2
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    • pp.11-61
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    • 2011
  • In dieser Arbeit ist zum ersten allgemeiner $\ddot{U}$berblick auf die Verschuldensprinzip, das grunds$\ddot{a}$tzlich f$\ddot{u}$r die Unfalls-Haftung im Bereich der medizinischen Behandlungsfehler noch immerhin gelten, in aller K$\ddot{u}$rze angef$\ddot{u}$hrt und zugleich in rechtsvergleichender Weise auf die sozialrechtliche Typenentwicklung in Bezug auf die haftungsrechtlich motivierte Entsch$\ddot{a}$digung. Gem$\ddot{a}{\ss}$ dem ${\S}$ 46 Gesetzes zur Abhilfe f$\ddot{u}$r medizinische Besch$\ddot{a}$digungenund auf die Mediation-Schlichtung f$\ddot{u}$r medizinische Streitigkeiten ist die rechtssystematische Bedeutung des Kompensations-Zusicherungsgeschafts als eine Art institutioneller Fremdversorgung zu erfassen. Demzufolge geht es h$\ddot{a}$uptsachlich um die Problematik von tatbest$\ddot{a}$ndlichen Merkmalen der Kompensation im ${\S}$ 46 obigen Gesetzes (unten 1) und im Bezug auf die im voraus von GF-Ministerium bekanntgegebene AO (provisorische Fassung) von 8. 11. 2011. um die Analyse einer Reihe von KHG-Entscheidungen $\ddot{u}$ber $\ddot{a}$rztliche Geburtsbehandlungsfehler (unten 2). Dabei ist noch die Geltungsbereich mit entsprechendem Kompensationssystem in Japan zu vergleichen (unten 3). 1. Der terminologische Sinn von "h$\ddot{o}$here Gewalt" ist sowohl semantisch wie auch juristisch-rechtstechnisch eine negative Vorausaussetzung f$\ddot{u}$r haftbar machende Gef$\ddot{a}$hrdungstatbestand. Nicht nur im Inhalt und Umfang vertr$\ddot{a}$gt dieser Rechtsbegriff sich nicht mit dem anderen tatbest$\ddot{a}$ndlich parallell zu erf$\ddot{u}$llenden Merkmal, also "die Besch$\ddot{a}$digung aus unverschuldeter $\ddot{a}$rztlicher Geburtsvorsorge", weil die jene enger als die diese auf dem Begriffsfeld ist, sondern auch im dogmengeschichtlichen, auch doch rechtstechnichen Sinne ist die Terminologie von "h$\ddot{o}$here Gewalt" ungeeignet, f$\ddot{u}$r den kompensatorischen Tatbetand als ein positives Merkmal, zu sein, statt derer, m. E. sollte der Begriff von "unkontrollierbarer Zuf$\ddot{a}$lligkeit" als L$\ddot{o}$sungsansatz verwendet werden. Dazu ist auch die ratio legis zur institutionellen Einf$\ddot{u}$hrung des obigen Kompensations-Zusicherungsgesch$\ddot{a}$fts, das sich auf die Entsch$\ddot{a}$digung des f$\ddot{u}$r Patienten unertr$\ddot{a}$glichen Verlustes gerichtet, d. h. gerade die Augabe des nachteilsausgleichenden Einstehens f$\ddot{u}$r Ungl$\ddot{u}$ck, nicht f$\ddot{u}$r Unrecht, zu ber$\ddot{u}$cksichtigen. 2. Die Typen der KHG-Entscheidungsf$\ddot{a}$llen im Bereich von Gyn$\ddot{u}$kologie k$\ddot{o}$nnten diagnostisch bzw. therapeutisch im folgenden differenziert sein werden; je nach der Kriterien von der Weise und dem Zeitpunkt zur Geburtshilfe, technischen Behandlungsfehlern beim Geburtsvorgang, und Besorgungsfehlern nach dem Geburt u. dgl. 3. Die japanische verschuldensunabh$\ddot{a}$ngige Kompensation ist eigentlich eine Art institutionelle Vorsorge, die anders als koreanische Versorgungssystem auf Grund privatsicherungsfinaler Vorleistung gew$\ddot{a}$rleistet wird. Der kompensatorische Bereich beschr$\ddot{a}$nkt sich auf die schwere infantile Zerebralparese (Cerebralparese) beim medizinischen Geburtsbehandlung. Schlie${\ss}$lich w$\ddot{u}$rde diese Arbeit erw$\ddot{u}$nscht sein, zur Konkretisierung des Voraussetzungen f$\ddot{u}$r die Kompensation nach ${\S}$ 46 Abs. 1 u. 4 des obigen Gesetzes beitragen zu k$\ddot{o}$nnen, welcher spatestens am 8. 4. 2013. zur Geltung gebracht sein sollte.

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