• Title/Summary/Keyword: 환자행위

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Concerning the Constitution Court's constitutional decision and the direction of supplemental legislation concerning Article 33 paragraph 8 of the Medical Service Act - With a focus on legitimacy of a system that prohibits multiple opening of medical instituion, in the content of 2014Hun-Ba212, August 29, 2019, 2014Hun-Ga15, 2015Hun-Ma561, 2016Hun-Ba21(amalgamation), Constitutional Court of Korea - ('의료법 제33조 제8항 관련 헌법재판소의 합헌결정'에 대한 평가 및 보완 입법 방향에 대하여 -헌법재판소 2019. 8. 29. 2014헌바212, 2014헌가15, 2015헌마561, 2016헌바21(병합) 결정의 내용 중 의료기관 복수 개설금지 제도의 당위성 및 필요성을 중심으로-)

  • KIM, JOON RAE
    • The Korean Society of Law and Medicine
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    • v.20 no.3
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    • pp.143-174
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    • 2019
  • Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution, and one of them is to prohibit the operation of multiple medical institutions. By the way, virtually multiple medical institutions could be opened and operated because the Supreme Court had interpreted that several medical institutions could be opened if medical activities were not performed directly at the additional medical institution which was opened under the another doctor's license. However, some health care providers opened the several medical institutions with another doctor's license for the purpose of the maximization of profit, and did illegal medical cares like the unfair luring of patients, over-treatment, and commission treatment. Also, realistic problems such as the infringed health rights have arisen. Accordingly, lawmakers had come to amend the Medical Law to readjust the system of opening for medical institution so that medical personnel could not open or operate more than one medical institution for any reason. For this reason, the Constitutional Court recently declared a constitutional decision through a long period of in-depth deliberation because the constitutional petition and the adjudication on the constitutionality of statutes had been filed on whether Article 33 paragraph 8 of the revised medical law is unconstitutional. The Constitutional Court acknowledged the "justice of purpose" in view of the importance of public medical institutions, of the prevention from seduction of for-profit patients and from over-treatment, and of the fact that health care should not be the object of commercial transactions. Given the risk that medical personnel might be subject to outside capital, the concern that the holder of the medical institution's opening certificate and the actual operator may be separated, the principle that the human body and life should not be just a means, and the current system's inability to identify over-treatment, it also acknowledged the 'minimum infringement'. Furthermore, The Constitutional Court judged it is constitutional in compliance with the principle of restricting fundamental rights, such as 'balance of legal interests'. In this regard, legislative complements are needed in order to effectively prevent the for-profit management and the over-treatment the Constitutional Court is concerned about. In this regard, consumer groups actively support the need for legislation, and health care providers groups also agree on the need for legislation. Therefore, the legislators should respect the recent Constitutional Court's decision and in the near future complete the complementary legislation to reflect the people's interests.

Whether to put on Criminal convictions on the medical examination records prepared by medical personnels - Sentenced by November 24, 2005, by The Supreme Court, Precedent case no. 2002DO4758 - (의료인의 진료기록부 등 허위작성시 형사처벌 가부 - 대법원 2005. 11. 24. 선고 2002도4758 판결 -)

  • Park, Kyong-Chun
    • The Korean Society of Law and Medicine
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    • v.8 no.1
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    • pp.107-135
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    • 2007
  • In preparation of the medical examination records, the failure to correctly write the taken medical behaviors on the medical examination records, is subject to criminal conviction due to the breach of the Article 21-1. The false or overstated writings on the medical examination records is subject to the same punishment due to the Article 21-1, which $\underline{additionally}$ may lead to the administrative measures such as the suspension of license according to Article 53-1. The interpretation is considered as proper in light of the function of the medical examination records, hazard to the patients, and the doctors' ethics. In light of the attitude of The Supreme Court for the preparation obligation of the medical examination records specified in the medical law Article 21-1(Purport : The doctors may continue to use their opinions on the patient's status and treatment process on the medical examination records, may provide the proper information to other medical staff, and ought to specify the details enough to decide the appropriateness of such medical behaviors after the recent treatment.), the false writings of the doctors on the medical examination records of the non-treated patient as faithfully treated one during the entire period before the present hospitalization, will be regarded as the fulfillment obligation of the preparation of the medical examination records in the medical law Article 21-1.

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Association of Health-related Behaviors with Socio-demographic Characteristics (건강증진과 관련된 행태에 영향을 미치는 인구사회학적 특성)

  • Roh, Won-Hwan;Kim, Seok-Beom Gib;Kang, Pock-Soo
    • Journal of agricultural medicine and community health
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    • v.23 no.2
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    • pp.157-174
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    • 1998
  • A survey was conducted to study the influence of socia-demographic factors on health-related behaviors. from June 1 to July 31, 1996. The study population was 1,903 adults in Kyongju City. A questionnaire method was used to collect data. Health-related behaviors included 24 items for men and 26 items for women. The followings are summaries of findings : The compliance of health promotion activities was higher when the age was older in men, when married, when having no religion and when the education level was higher than the other groups. And it was significantly higher when the income was lower in men and higher in women, in the residents living in apartment, in white collar workers, in the chronic ill people and when the body weight was lower than the other groups. Notable differences were found in the composition of health behavior factors for socio-demographic characteristics. Men used more tobacco, coffee and tea, salt and alcohol than women. However, the practice rates of regular exercise and physical examination were higher in men than women. On the other hand, the practice rates of fruit/vegetable intake, milk drinking and regular tooth brushing were higher in women than men. When the age was old, the amount of fruit/vegetable intake, the frequency of physician visit and health check-up, and regularity of meal were increased. When the income was high, the use rate of seat-belts, the amount of coffee, milk, fruit/vegetable and red meat intake were increased. The frequency of regular exercise. tooth brushing, health check-up, pap test and breast self examination were higher in the rich than the poor. When the education level was high, the frequency of regular exercise and tooth brushing, and the use rate of seat belts were increased, and the amount of alcohol consumption and salt intake were decreased. These findings suggest that socio-demographic factors are significantly associated with the patterns of health behaviors. In conclusion public health programs and individual counseling efforts should be multifaceted and behavior-specific to encourage to practice healthy life-style.

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A Study of the Factors Affecting Expected Benefits of Medical Services via Telemedicine (원격의료서비스에 대한 기대 편익 인식에 영향을 미치는 요인에 관한 연구)

  • Kim, Seong-eun;Noh, Ghee-Young;Choi, Jounghwa
    • Journal of Digital Convergence
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    • v.15 no.11
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    • pp.471-484
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    • 2017
  • The present study explored factors that influence consumers' benefit expectancy about telemedicine service. Responses from a national online survey of 927 adults (aged 19-59), collected in January 2016, were analyzed with multiple regression analysis. The results revealed: (1) Health consciousness positively influenced all three benefit expectancies (all ps < .05); (2) Doctor-patient communication efficacy positively influenced expectancy for convenience improvement (${\beta}=.107$, p < .01) and service quality improvement (${\beta}=.086$, p < .05); (3) Use of health-related smart applications contributed to positive expectancy for service quality improvement (${\beta}=.081$, p < .05) and cost-saving (${\beta}=.067$, p < .05). Some of the relationships were moderated by gender and residence. This convergence study, which examined public's perception about telemedicine from the perspectives of consumer psychology, media, and public health, provides practical implications to promote telemedicine service and educate consumers about it.

Well-being of young and middle aged diabetic patients with medication according to combination of non-pharmacological treatment: a path analysis (청장년층 약물치료 당뇨환자의 비약물적치료 병행 여부에 따른 웰빙: 경로분석)

  • Kim, Sun-Kyung;Kim, Yu-Mi;Kim, Sun-Ae
    • Journal of the Korea Convergence Society
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    • v.11 no.6
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    • pp.401-410
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    • 2020
  • The purpose of this study was to investigate predictors and mediating effects of physical activity and nourishment regulation on well-being among young and middle aged patients on DM medication and to compare between those with non-pharmacological treatment and those without. Data were obtained from 2017 community health survey including 1,480 DM patients with oral medication in the age between 20 and 49. Using SPSS 25.0 and AMOS 25.0, path analysis was performed to explore the association between personal factors (socio-economic status, health habit, eating habit and compliance of health examination) and well-being, along with mediating effects of physical activity. Results demonstrated the different mediating role of physical activity. In medication only group, there was no direct effect of physical activity and no indirect effect of personal factors. Direct effect of physical activity and indirect effects of predictors were found in those with non-pharmacological treatment group. When developing strategies to enhance well-being of young and middle aged diabetic patients, proper reflection of their age specific traits and disease management capability are essential.

Perceptions about the Professional Ethics of EMT (응급구조사 직업윤리에 대한 인식조사)

  • Yun, Hyeong-Wan;Lee, Jae-Min
    • Fire Science and Engineering
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    • v.28 no.1
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    • pp.71-78
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    • 2014
  • Complex ethical issues of Emergency Medical Techinician (EMT) out-of hospital emergency medical scene and the ER (Emergency Room) behaviors were studied. The survey was conducted by 500 EMT group members working in the field of ambulance work and general hospital and it was about their work ethics, discussions and solutions about the transferred patients, and ethics regarding Do Not Attempt Resuscitate (DNAR). The survey includes work ethics, awareness about the target job, a discussion on the transfer of patients, measures, and deathbed. Discussions about the patient's condition and diagnosis results were majorly absent during patient transportation at the emergency care scene. More than 90% of emergency care transfer were inappropriate. Sometimes, EMT working in the field facing morally unethical problems beyond their responsibility. When EMT, who can not make death diagnosis, received deathbed related DNAR issues, they gone through severe ethical conflicts. The institutional support and therapy for EMT was weak. In Korea, especially in the accident site, ethical issues education is more needed than DNAR prevalence of education and guidance. If ethics training and guidance are given to EMT, a lot of moral errors in the field can be resolved.

Effect on Motivational Interviewing for Patients with Impaired Fasting Glucose (동기강화면담이 공복혈당장애 환자의 건강증진생활양식, 행동변화단계, 당화혈색소값에 미치는 효과)

  • Kim, Mi-Ok
    • The Journal of the Korea Contents Association
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    • v.15 no.11
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    • pp.338-346
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    • 2015
  • The purpose of this study was to develop a motivational enhancement therapy(MET) for impaired fasting glucose(IFG) patients in early stages of health behavior change and evaluate its effects on health promotion lifestyle, the stages of change and HbAlc. Data was collected in Health Center of U city, December 2011 to March 2012, conducted on 78 IFG patients who visited to the Health center, they randomized to intervention group(n=27) and control group(n=33). The intervention group received the MET, the control group received standard care. This MET programe was applied from MET programe. After developing, it confirmed content validity. Data was analyzed using descriptive statistics, $x^2-test$ and t-test with the SPSS WIN 20.0 program. Participants in the intervention group reported significantly increased scores of the stage of change(t=-20.224, p=.000) compared to those of the control group but no difference of health behaviors(t=-1.297, p=.200) and HbAlc(t=.794, p=.431). The findings indicate that the MET is an effective intervention in improving ealth behaviors and expect to be applied effectively to the preparation for implementation of health care interventions.

Medical Narrative Texts and Medical Ethics (의료 서사와 의료 윤리)

  • Choi, Sung-Min
    • Journal of Popular Narrative
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    • v.26 no.3
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    • pp.291-323
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    • 2020
  • In this paper, I review Pellegrino's Reader, The Philosophy of Medicine Reborn. Pellegrino has emphasized the humanities' reflection on the ethics of medicine. He insists that medical ethics should be re-established as modern society changes. This paper, based on Pellegrino's view, noted the problematic situation in literature and popular narrative texts. Indeed, I wanted to see what answer medical ethics could provide for us. Medical personnel had a philosophical dilemma or a conflict between reality and ethics. Pellegrino argues that medical personnel, above all, need to sympathize with the patient's pain and respond to their needs through interaction with them. This may seem like a very legitimate declaration. But a physician in literary texts and popular narrative texts is often exposed to this ethical dilemma. Through Lee Cheongjun's novel, we can reflect on how a medical personnel could lead a patient to a state of "goodness". And through medical dramas, we can grasp what ethical behaviors the public demands from a medical personnel. Now that the world is suffering from COVID-19, medical workers are in a great trouble, but at the same time, they are respected by the public and are also enhancing their value as ethical beings. Now that medical care has become an everyday narrative, medical ethics is becoming a prerequisite for living. This paper attempted to recognize the importance of medical ethics and to review the ethical issues embodied in medical narratives.

A Study on Restriction of Access to Medical Institutions and Discrimination on Human Rights of Persons with Disabilities Not Wearing Masks to Prevent Healthcare-Associated Infections (의료관련감염 예방을 위한 마스크 미착용 장애인의 의료기관 출입제한과 인권차별 결정에 대한 검토)

  • Moon, Sang Hyuk;Kim, Je Sun
    • The Korean Society of Law and Medicine
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    • v.24 no.1
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    • pp.67-98
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    • 2023
  • In the early stages of the COVID-19 pandemic, Korea took the lead in implementing "social distancing" policies more strongly than other countries. In addition to making it mandatory to wear a mask according to the policy, all patients using medical institutions are tested for COVID-19 to prevent Healthcare-Associated Infections, and only those patients who test negative have been regulated to receive face-to-face medical treatment. In this process, situations such as the disabled, who have difficulty wearing masks, were not taken into account, and emergency patients did not receive timely treatment or surgery from medical personnel. In response, the National Human Rights Commission of Korea has decided that forcing everyone to wear a mask and restricting access to medical institutions constitutes discrimination against the disabled. Therefore, the purposes this study has that, the first is to review cases of human rights discrimination against persons with disabilities due to measures to prevent the transmission of infectious diseases that did not consider the characteristics of persons with disabilities in the COVID-19 situation and issues regarding the decisions of the National Human Rights Commission of Korea, the second is to find a reasonable plan and the need for measures to prevent refusal of treatment by medical institutions for the disabled who have difficulty wearing masks.

Review of 2022 Major Medicla Decisions (2022년 주요 의료판결 분석)

  • Lee Jeongmin;Yoo Hyunjung;Park Taeshin;Jeong Heyseung;Cho Woosun;Park Nohmin
    • The Korean Society of Law and Medicine
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    • v.24 no.2
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    • pp.79-117
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    • 2023
  • Among the healthcare-related judgments handed down in 2002, there was a significant ruling on the timing of the duty of explanation, stating that, in order to ensure the exercise of the patient's right to self-determination, the patient must be given time to consider and decide on the risks and side effects of a medical procedure in specific circumstances. In addition, in a case where an insurance company claimed unjust enrichment against a medical institution on behalf of its insureds, the court provided a clear standard by distinguishing between active and passive requirements regarding the need to preserve the right of subrogation of creditors. In the area of medical administration, there was a ruling that clarified that a medical institution's business suspension under the National Health Insurance Act is directed against the medical institution, a ruling that broadly recognized causation in a case of compensation for side effects of corona vaccination, and a ruling on the scope of a medical practitioner's license, such as the use of ultrasound devices by an oriental medicine practitioner. In a case involving a patient's claim for eviction from a medical institution, the court reviewed a ruling on just cause for termination of a hospitalization contract in relation to Article 15(1) of the Medical law.