• The Korean Society of Law and Medicine
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• v.23 no.3
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• pp.117-137
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• 2022

Today, the medical system is changing into a comprehensive health care system in which collaborative relationships between medical professionals and non-medical personnels in neighboring occupational areas. The current medical act brands such "collaboration" as unlicensed medical practice, and punishes non-medical personnel who acted in the risk management of doctors as well as doctors collaborated with non-medical personnel as unlicensed medical practice. In order to narrow the gap between the legal system that regulates unlicensed medical practices and the medical reality, it is necessary to overcome the structural limitations of dualistic, nationalistic, and identity-oriented regulation of unlicensed medical practices. The legal interests of unlicensed medical practice have a dual nature as a personal legal interest of "human life and body" as well as a national legal interest of "maintenance and protection of the nation's medical license system", and it should be noted that the criteria for judging the legal interests protected by the regulations of criminal punishment should be found in "personal legal interest theory." In addition, when determining which behavior is a medical practice and evaluating its risk, the dimension of behavior and measures should be considered in a fair manner without being biased against the subject (identity) of the action. In other words, judging unlicensed medical practice should depend on whether the risk of side effects that may result from the act is reasonably managed. Considering the prospect of therapeutic dialogue between medical professionals and patients, it would be desirable for medical law policies to move in a way that does not fundamentally block the possibility of collaboration among pluralistic medical personalities.

• The Inventors News
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• no.50
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• pp.1-16
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• 2006

'제1회 여대생 발명캠프' 성황리에 마쳐/'발명으로 풍성한 가을을 맞이하시길'/IT기업, 국내 특허 30% 이상 넘었다/레이저 프린터 특허출원, 프린터 분야 중 최다/피부 보호하는 자외선 차단제, 특허출원 꾸준히 증가/액정표시장치 관련 특허 지속적 증가/진공청소기, 첨단 기술로 혁신 꾀해/소멸특허정보, 온.오프라인 제공/발명 지도자 양성 연수, 온라인에서 이루어진다/검색율증가로 활발한 지재권 활동 기대/'2006상표-디자인 전시회'/표준기술특허로 신제품 개발 쉬워져/김광림 전 차관, 세명대 총장에 취임/영양 살린 '기능성 국수' 눈길 끌어/특허청, 포스코와 혁신 파트너십 체결/한국특허정보원, 성과 관리제 도입으로 경영 성과 극대화/특허청, 상반기 미국 국제특허출원 심사 1백18건 유치/중소기업 48%, 고액 기술이전비 '지불 가능'/특허청, 고객눈높이 맞춘 민원서비스 제공/모범명세서 첨부제도로 특허 받기 쉬워져/'여성 발명인의 축제' 개최/'제5회 전국 대학발명 경진대회'/'미스터 차우' 둘러싼 상표권 분쟁 치열/외환은행, 외국인 근로자 해외송금서비스 특허 획득/재난 방지 시스템 구축 핵심기술, 특허출원 증가/비밀디자인 청구기간 확대/이젠, 여름용품 정리할 때/역사 속의 발명품/하루 10분 발명교실/특허Q&A/한경희 (주)한경희 생활과학 대표이사/특허청, 수해복구에 두 팔 걷고 나서/무선환경에서의 저작권보호 관련 외국인출원 급증/아이디어 착상 및 발명 기법/다림질 편하게 하는 요령 10가지/발명을 통한 사업화, 시대의 흐름과 인간의 마음을 담아야/스텐서의 전자레인지/3차원 구조물 만들수 있는 나노종이 개발/애플, 크리에이티브에 1억불 지급/흰 우유에 꽂으면 딸기맛 나는 '퍼니스토로우'/한올제약, 씹는 비만 치료제 특허 취득/음성군, 기술로 복숭아 털 알레르기 잡았다/향기로 소비자 마음을 사로잡는다/'독일 국제 아이디어.발명.신제품 전시회'/한국여성발명협회 회원사 발명품 가이드/코네쥬얼리, 우선심사 통해 특허등록/

• Journal of Preventive Medicine and Public Health
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• v.17 no.1
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• pp.37-45
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• 1984

This study was conducted to identify the problems in the medical aid program by reviewing the medical care utilization pattern of the beneficiaries. The data were abstracted from the monthly bills and vouchers for medical care of the whole benefi챠aries(17,527) in Gyeongsan Gun submitted by the physicians to county government for the period of 1 calendar year from October 1981 to September 1982. The number of medical aid beneficiary accounted for 12.7% of the total county population, a higher proportion than the national average-9.5%. Monthly primary care utilization rate per 100 beneficiaries was 9.3 persons with 14.0 visits and 42.9 medication days. for the 2nd and 3rd care, there were 1.7 admissions and 9.3 OPD visits per 100 beneficiaries per year. The beneficiaries of the first class medical aid program had a higher utilization rate of both the primary and secondary/tertiary care facilities. Females utilized more the primary care facilities than males while males utilized more the secondary/tertiary care facilities than females. A significantly lower utilization rate was observed in January than in the other months and this was seemed due to the renewal process of the medical aid certificate. Among 1,931 patients utilized the 2nd/3rd care facilities 84.4% was out-patients and the lowest ratios were in the minor specialties including ENT, ophthalmology, dermatology and urology. The average hospital days per in-patient were 21.2 days and OPD days per out patient were 4.7 days. The average hospital days for a psychiatry in-patient was 74.4 days which was the longest average hospital days among all the specialties. Average medical care cost per beneficiary in a year was W9,821:W24,240 for the 1st class and W7,464 for the 2nd class. The medical care cost for the primary care per patient was W3.901 and W840 per day compared with W49,875 per patient and W5,822 per day for the secondary/tertiary care. From the findings of this study following recommendations were made to improve the medical care program: 1) The renewal process of the medical care certificate should be expedited. 2) Minor specialty clinics should be designated as the primary medical care facility for the medical aid program to reduce the expenses by absorbing more patients referred to the secondary/tertiary care facilities directly. 3) The medical care cost for the primary care facility should be escalated to reduce the differential between the primary and secondary/tertiary care facilities.

• Korean Security Journal
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• no.11
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• pp.159-181
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• 2006

This study is concerned on Why The Certified Security certification is needed and How to control the security quality to get better service to the clients. Theses days are required The Certified Certificate in all the industry. And in this point of view, the certified certificate is a kind of confirmation by an authority to the person who has how much special knowledge and practice in a certain field. Moreover, in the functionalism society the certified certificate system would be very positive effect to the related industry and society as official measurement by an authority. The security is freedom from fear and anxiety. Which means the security can not be operated in isolation from citizen's safe-living expectation, and which is also dealing with valuable human being's life. For getting the better purpose the security industry employees should have more organized special training and education. As my understanding the certified certificate exam system is the confirmation by an authority, the certified certificate is only neutral evidence to get the confidence and credit from the clients. In this point of view the core point is How to control The Certified Certificate by a credied authority.

• The Korean Society of Law and Medicine
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• v.24 no.2
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• pp.3-31
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• 2023

Der Begriff der Heilkundeausübung ist im positiven Recht in Korea nirgends festgelegt. Der wurde jedoch indirekt durch die Auslegung der Heilkundeausübung ohne Erlaubnis gemäß § 27 Abs. 1 des "Medizingesetzes" geregelt. In der Vergangenheit beschränkte der kOGH(the Supreme Court of Korea) die Heilkundeausübung auf die "Behandlung von Krankheiten und stellte fest, dass "medizinische und technische Maßnahmen, die keine pathologischen Symptome oder Funktionsdefizite im Körper voraussetzen, nicht zur Heilkundeausübung gehören." Danach änderte der kOGH seine Rechtsprechung auf "Vorbeugung oder Behandlung von Krankheiten durch Durchführung ärztlicher Untersuchungen, Optometrie, Verschreibung, Medikation oder chirurgischer Eingriffe auf der Grundlage von Erfahrung und Fähigkeiten, die auf medizinischem Fachwissen basieren, und anderer Gesundheitsfürsorge, definiert "medizinische Maßnahmen" als "eine Handlung, die eine gesundheitliche Gefahr darstellen kann, sofern diese nicht von einem Mediziner durchgeführt wird". Der Begriff der Heilkundeausübung in der Rechtsprechung ist einerseits zu abstrakt und kann eine Leerformel sein, andererseits kann seine Einschränkung eine Gefahr für die öffentliche Gesundheit erbringen. Daher besteht Bedarf an einem Kriterium, das dar derzeitige Begriff der Heilkundeausübung entsprechend dem gesetzgeberischen Ziel reduzieren kann, das Risiko für das Leben, den Körper oder die öffentliche Gesundheit von Menschen zu verhindern, das durch die Durchführung medizinischer Arbeiten durch nichtmedizinisches Personal entstehen kann. Um ein Kriterium vorzustellen, das das aktuelle Konzept der Heilkundeausübung reduzieren kann, werden in diesem Artikel das positive Recht, Theorien und Rechtsprechung zum Begriff der Heilkundeausübung in Deutschland untersucht und nach einer Alternative gesucht.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.315-346
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• 2016

With the development of big data processing technology, the potential value of healthcare big data has attracted much attention. In order to realize these potential values, various research using the healthcare big data are essential. However, the big data regulatory system centered on the Personal Information Protection Act does not take into account the aspect of big data as an economic material and causes many obstacles to utilize it as a research purpose. The regulatory system of healthcare information, centered on the primary purpose of patient treatment, should be improved in a way that is compatible with the development of technology and easy to use for public interest. To this end, it is necessary to examine the trends of overseas legal system reflecting the concerns about the balance of protection and utilization of personal information. Based on the implications of the overseas legal system, we can derive improvement points in the following directions from our legal system. First, a legal system that specializes in healthcare information and encompasses protection and utilization is needed. De-identification, which is an exception to the Privacy Act, should also clearly define its level. It is necessary to establish a legal basis for linking healthcare big data to create synergy effects in research. It is also necessary to examine the introduction of the opt-out system on the basis of the discussion on the foreign debate and social consensus. But most importantly, it is the people's trust in these systems.

• Journal of dental hygiene science
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• v.12 no.2
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• pp.93-102
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• 2012

The purpose of this study was to evaluate the effectiveness of oral health care including some of dental caries activity test on dental clinics of regular visiting on primary school children. The dental surveys and initial caries control and some of dental caries activity test (Alban's, Lactobacillius, S'mutans, un-stimulation saliva test)were performed by trained dental hygienists with dentist from on 6 to 13 years old patients of S dental hospital in Gwangju Metropolitan Cities. The sample size of 39 children (18 in oral health care group, 21 in control group ) and accepted to their parents. The results of caries activity test score(Alban's and Lactobacillius test)were reduced 1.4 to 1.6 times in oral health care group(OHCG). Oral Hygiene Simplified Index of OHCG was reduced 1.6 times during six months and 1 year. DMFT index of OHCG was reduced 1.4 times more than Control Group(CG) after 1 year. DT index of OHCG was reduced 12 times more than Control Group(CG) after 1 year. Dental health capacity of the first perment molar of OHCG was reduced 1.02 times more than CG after 1 year. From the above results, long life related incremental oral health care system has reinforced to primary school children in dental clinic with oral health professional teams.

• The Korean Society of Law and Medicine
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• v.18 no.2
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• pp.47-73
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• 2017

Medical certificate is a document to demonstrate a patient's health status, made up and signed by a physician, dentist, or oriental physician who attended the patient. It serves as an evidence in many official process including civil or criminal law suit, especially for one's personal injury. The Korean legal system also acknowledges and protects the evidentiary function of medical certificate by mandating physicians etc. to issue medical certificate in good faith and only when they personally attended the patient, and by criminally punishing them when they do not comply with these legal requirements. There are some reasons, however, that medical certificates often do not reflect the true health status of the patient: When physicians attend the patient and collect information regarding the health status of the patient, their priority is and should be the most cost-effective way to meet the health needs of the patient. It does not necessarily correspond to the accurate examination of the health status of the patient. Even when the patient's report on the history of the illness or the injury seems suspicious, physicians might have to avoid disproving it because that kind of attitude might harm the rapport between the physician and the patient. All these can distort the perception of the physicians and this distortion can be reproduced in the medical certificate they made up. Some of these problems might be resolved or at least enhanced by introducing new form of medical certificate which would guide physicians to reveal the nature, factual and theoretical grounds, and the limit of their findings more accurately. Others, however, would not be able to address, because it stems from the conflict between the physician's primary duty, duty to be loyal to the patient's life and health, and his secondary duty to serve as a public or neutral witness on the health status of the patient, and when both values or duties conflict with each other, they should choose the duty to the patient sacrificing the duty to the public or the court.

• 한국노년학
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• v.31 no.4
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• pp.985-998
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• 2011

This study was conducted to understand current management status of 'day and night care' facilities and to explore the related factors with rates of operation of them. The nationwide mailing survey was conducted with structured questionnaires from July, 14, 2010 to July, 28, 2010. The subjects were 277 facilities (response rate 24.5%). Regarding the types of operating, 79.1% of faculties was run by cooperation, and 17.8% and 3.6% for individuals and national/public institutes respectively. The average of operation rate was 70.15%. National/public institutes showed higher in the rate of operation(79.08%) than 72.49% of cooperations and 57.78% of individuals. The number of manpower was not nearly different by the types of operating bodies, but the number of nurse was significantly different among them. The national/public institutions had 1.07 nurses while individual institutions have only 0.08. We found that facilities run by national/public institutes and founded before 2008 years showed higher rate of operation. In case of providing regular monitoring and evaluation services, and music program for patients showed higher rate of operation. In addition, the number of managers, social workers, and nurses increase the rate of operation. We suggest that quality management and monitoring program for the facilities which run by individuals or established after 2008 years would be developed. We also call for development of programs for facilitating utilization of 'day and night care' facilities such as expanding the family support.

• The Korean Society of Law and Medicine
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• v.24 no.4
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• pp.37-63
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• 2023

In medical litigation, there are various cases where a doctor's 'explanation' of a patient becomes problematic. Medical explanations and guidance are required from the doctor, starting from the beginning of diagnosis, through treatment processes such as surgery, when hospitalization is necessary for treatment, during hospitalization, upon discharge, and after discharge. Furthermore, notification from the doctor or medical institution may be requested regarding the economic costs that will be incurred due to medical treatment. South Korea's judiciary has been developing legal principles regarding such doctor's explanations by distinguishing between explanations for obtaining consent for medical treatment and medical explanations related to guidance on patient treatment methods, taking into account related laws such as the stage of treatment and the Medical Service Act. Additionally, the Constitutional Court recently ruled on the non-benefit cost notification system linked to the explanation of economic costs. However, holding a doctor accountable solely because the doctor's explanation was insufficient has aspects that do not correspond to the actual situation in clinical reality, and may have a reflexive disadvantage that results in a decline in legal rights. Therefore, the doctor's explanation needs to be examined from both perspectives: guaranteeing the patient's right to self-determination and protecting his or her right to decision.