• The Korean Society of Law and Medicine
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• v.19 no.1
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• pp.113-142
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• 2018

In recent years, there have been opinions in which physicians are liable to the revocation of their medical license if they are sentenced to above a certain level for criminal charges regardless of the types of offenses. Accordingly, a revised bill of law was submitted in the National Assembly, and related discussions are thus expected to commence. Considering the morality and ethics or the level of the rule of law that the general public expects of physicians, as well as the license revocation system in other professional sectors, it is assessed that medical license revocation due to criminal convictions of physicians is appropriate to some degree. However, if a poorly devised system is established based on unrefined inferences or emotional judgements, unexpected side-effects are likely to arise. With regard to serious criminal acts that society generally perceives as unacceptable, it can be assessed that the revocation of physicians' licenses would appropriately protect the general public from threats. However, given the life-saving characteristics of high-risk medical practices, higher malpractice exposures, and social values, it is difficult to assess charges of professional negligence resulting in death(or in injury) and minor offences in the same manner as anti-social criminal offences are handled. Physicians need to be treated the same as any other professions. At the same time, they are engaged in administering medical treatment to patients in the face of great risks as professionals. Under the circumstances, a discussion on the introduction of a more specific and empirical system is needed by considering the intrinsic characteristics of medical treatment and the need for an equitable health and medical policy. Accordingly, based on the above judgment and perception, this study explores the code of ethics for physicians and medical license revocation related to criminal offences at home and abroad, and examines various legislative alternatives appropriate for the Republic of Korea. In doing so, the purpose of the study is to contribute to the development of a reasonable system for handling criminal offences by physicians.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.281-313
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• 2016

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 In the past, there was a provision stipulating the same purpose. But because the Supreme Court interpreted that several medical institutions could be opened if the medical treatment was not made at the additional medical instition which was opened in the another doctor,s license, multiple medical institutions could be opened and operated. However, some health care providers opened the several medical institutions to another doctor's license just by the excuse of the business management and then did illegal medical cares like the unfair luring of patients, overtreatment, and commition treatment for more profits. So, the health rights of the people came to be infringed on. Accordingly, lawmakers amended the Medical Law for medical personnel not to open and to operate more than one medical institution. As the amended medical law prohibited a medical personnel to open multiple medical institution, some medical personnels insisted that the amended medical law is unconstitutional under which they could not be able to open and operate medical institutions on based on free investment and bring out the benefits of network hospitals. But the regulation to prohibit multiple institutions does not apply only to a medical personnel. Many other experts like lawyer and pharmacist can open only one office under such a restriction. If the regulation goes out of force, the procedure that multiple medical institutions should be opened and operated in the capacity as a medical corporation or a non-profit corporation does not have to be followed. And we should keep in mind that the permission for medical personels to open multiple medical institutions could lead virtually to commercial hospital. If in the nation with a very low rate of public medical service, If only a few medical personnels with capital own many medical institutions and operate commercially them, this could cause a falling-off in quality of medical service, ultimately infringe on the health rights and the life right of the people.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.163-207
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• 2020

Korea has been positioned as the leading country in the industry of clinical trials as the clinical trail of Korea has developed for the recent 10 years. Clinical trial has plays a significant role in the development of medicine and the increase of curability. However, it has inevitable risk as the purpose of the clinical trial is to prove the safety and effectiveness of new drugs. Therefore, the clinical trial should be controlled properly to protect the health of the subjects of clinical trial and to ensure that they exercise a right of self-determination. In this context, the fiduciary duties of doctors who conduct clinical trials is especially important. The Pharmaceutical Affairs Act and the relevant regulations define several duties of doctors who conduct clinical trials. In particular, the duty to protection of subjects and the duty to provide information constitute the main fiduciary duties to the subjects. Those are essentially similar to the fiduciary duties of doctors in usual treatment from the perspective of the values promoted by the law and the content of the law. Nonetheless, clinical trials put more emphasis on the duties to provide explanation than in usual treatment. Further research and study are required to establish the concrete standard for the duty of care. However, if the blind pursuit of higher standards for the duty of care or to pass the burden of proof to doctors may result in disrupting the development of clinical trials, limiting the accessibility of patients to new treatment and even violating the principle of sharing damage equally and properly. In addition to these duties, the laws of clinical trials define several duties of doctors. Any decision on whether the violation of the law constitutes the violation of the fiduciary duty and justifies the demand for compensation of damages should be based on whether relevant law aims to protect the safety and benefit of subjects, even if in an incidental way, the degree to which such violation breaches the values promoted by the law and the concrete of violation of benefit of law, the detailed acts of such violation. The legal interests of the subjects can be protected effectively by guaranteeing compliance with those duties and establishing judicial and administrative controls to ensure that the benefit of subjects are protected properly in individual cases.

• Development and Reproduction
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• v.14 no.2
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• pp.143-154
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• 2010

This article analyzes two leading Korean cases which led to opposite conclusions: the Boramae Hospital Case (Korean Supreme Court 2002 Do 995) and the Shinchon Severance Hospital Case (Korean Supreme Court 2009 Da 17471). In doing so, it pays particular attention to the acceptance, modification, and rejection of paternalism, specifically 'physician paternalism' and 'familial paternalism', both of which have long and strongly influenced the Korean medical environment. In Boramae Hospital, the Court emphasized the obligation of the physician in terms of the life of the patient (eg: protecting and preserving the life and welfare of the patient). Its position seemed to be based on the traditional physician paternalism which presupposes the ability of physicians to identify right and wrong choices according to natural laws. However, the Court saw itself as the final arbiter of who identifies and determines the real world content and consequences of that natural law. In short, the Court elevated itself to the supreme guardian of the patient, and held that its decision cannot be overruled by that of the patient's family. So without specifically referring to the importance of the family and the role of familial decisions, both long-observed traditions in medical decision-making in Korea, the Court shifted away from familial paternalism. In Shinchon Severance Hospital, the Court explained the meaning of the patient's powers of self-rulemore concretely, explaining its scope and substance in greater detail. The Court held that one can exercise the right of self-rule, even over issues such as death, in the form of 'previous medical directions'. However, this case does not represent a wholesale acceptance of medical autonomy (ie: it does not accept self-rule unconditionally). Rather, the Court accepted the importance of the opinions and decision of physicians and of the Hospital Ethics Commission, and the Court still retained to itself the authority to review and make alterations to 'material' decision. The Court did not overlook the importance of the decision of the patient's family, but it also did not relinquish its status as supreme guardian, emphasizing the 'objective' nature of a decision from the court.

• Journal of dental hygiene science
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• v.10 no.1
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• pp.17-24
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• 2010

The purpose of this study was to provide the basic data for effective intervention of oral health behaviors strategy and to compare the actual conditions about hypertension and diabetes case management of the elderly at the hall for the aged and the D senior's college. The research method was a questionnaire including hypertension and diabetes case management of the elderly and the subjects were 174 of the elderly(65 age over) at the hall for the aged(100) and the senior's college(74). The results of this study were as follows; 1. Hypertension 1)The incidence of hypertension of elderly at the hall for the aged and the senior's college were 32.2%. 2)83.9% of the hypertension cases were initially diagnosed during hospital examination(p < 0.05). 3)Regular blood pressure checks were performed more than one time monthly on 76.8% of the cases(p < 0.05). 4)Blood pressure control was well controlled on 75%(p < 0.05). 5)85.7% of the elderly at the hall for the aged took hypertension drugs daily and 42.9% of the elderly at the senior's college took no drug alternatively(p < 0.05). 2. Diabetes 1)The incidence of the diabetes of elderly at the hall for the aged and the senior's college were 14.4%. 2)80.0% of the diabetes cases were initially diagnosed during hospital examination(p < 0.05). 3)64.0% of the cases did not have blood sugar measuring instrument(p < 0.05). 4. In the quality of life, the thinking of no difficulty in walking and no anxiety/depression was more presented on the elderly at the senior's college than those at the hall for the aged(p < 0.05). 5. The subjective health condition scores were higher on the elderly at the senior's college than those at the hall for the aged(p < 0.05).

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.47-79
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• 2019

The Korean Society of Law and Medicine has faithfully played the role of professional academic organizations last 20 years in terms of academic activities, accumulated achievements, diversity, professionalism, and influence on academic circles. The Korean Society of Law and Medicine and the Journal of Medical Law serve as a platform for academic information and exchange of opinions on medical law. Medical law began in the midst of increasing conflicts and disputes caused by medical malpractice and the enactment and legal coercion of medical care as pressure on medical workers. It tried to find a way to coexist with each other through the encounter and convergence of medicine and law. Medical criminal law extends from traditional crimes in the realm of life and body protection to bioethics violations caused by the development of biomedical technology, corruption and economic crime in the medical field. Medical law has evolved into a comprehensive legal area dealing with legal issues raised in medical treatment, healthcare, bioethics, and life sciences technology. On the legal side, medical law is not independent legal areas. It is overlapping with traditional law areas such as civil law, administrative law, criminal law, social law, civil and criminal procedure law. However, it is now established as a convergence study in medicine, bioethics, life science, as well as in various fields of law. It has become an area where collaboration is needed with the field of law, medicine, ethics, sociology and economics. Medical criminal law has undergone a dynamic development over the last two decades. The development of medicine and medical technology provides new and innovative methods of diagnosis and treatment. The achievements and risks of revolutionary developments in biotechnology, genetic engineering and medicine coexist. While there is a dazzling achievement that mankind has hoped for: combating disease and improving health, it also creates unwanted side effects and risks to humans. There is a need to reconsider ethical and legal principles. The discovery and development of patient identity and autonomy has changed the medical doctor-patient relationship. Furthermore, it was complicated by the triangle relationship of patients, medical doctors and insurance. Legal matters are also complicated. This is why the necessity of legislation is emerging. Criminal punishment provisions are also required. The Medical Law and Biomedical Law are systematically and coherently deformed as mosaic-based legislation that takes place whenever there are social issues, citizens' needs, and medical organizations' interests, rather than sufficient enactment and revision procedures. It needs a complete overhaul, and this is possible through interdisciplinary collaboration which is the strength of The Korean Society of Law and Medicine.

• Journal of dental hygiene science
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• v.10 no.6
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• pp.481-487
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• 2010

This study was conducted with 200 outpatients and inpatients of military hospitals around the northern region of Gyeonggi-Do. 182 questionnaires in 200 copies were returned, which meant that the return rate was 91%. 180 questionnaires were used for analysis because 2 questionnaires included untrustful responses. The questionnaires were filled by the subjects for 20 days from Dec. 1, 2008 to Dec. 20, 2008. First, in accordance with the examination on the awareness and knowledge on the dental caries, periodontal disease and oral health care, the awareness on the prevention of dental caries was 18.733 points in 25 full points. Second, for the examination on the oral health status according to the interest and education related to oral health care, the interest and oral health status showed the statistically significant relationship(P=0.0083). Third, in accordance with the analysis on the relationship between oral health status and awareness and knowledge on oral health care, for the awareness on the prevention of dental caries, the answer "Not healthy" was 19.188 points, the answer "Average" 18.210 points and the answer "Healthy" 18.971 points. In conclusion, the higher the interest on the education and oral health care was, the better the behavior for oral health care and oral health status were. As a result, the oral health care is essential for each individual to keep good health status. For keeping and deploying the best fighting power in the military and the country, the oral health program shall be pushed ahead as the key project to keep the good oral status of soldiers.

• Journal of dental hygiene science
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• v.10 no.6
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• pp.431-438
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• 2010

This study was designed to identify the relationship between emotional labor and reaction factor(job satisfaction, fatigue), buffer factor(social support) among dental hygienist. The number of respondents was 50 who work in dental clinic and period of investigation was march 2010 through April 2010. A structured questionnaire was employed to evaluate the level of participants' sociodemographics, job-related factors, health-related behaviors, emotional labor and self-perceived fatigue, job satisfaction, social support. While the mean values of emotional labor were higher than thosewho work in hospital and lower than those who work in service employees. These results suggest that emotional labor was related to an increase in fatigue and strong correlation between involuntary emotional expression, self-perceived fatigue, job satisfaction, social support in dental hygienist. Multiple regression analysis has found that social support and no. of personnel were main factors that influence to the level of emotional labor in dental hygienist. The results of this study suggest that emotional labor was a determinant predictor of self perceived fatigue. Thus, a management program for emotional labor is strongly recommended for promotion of quality of life in dental hygienist and to improve dental service and competitiveness.

• Journal of the korean academy of Pediatric Dentistry
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• v.37 no.1
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• pp.97-101
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• 2010

The practice pattern of pediatric dentistry in the university dental hospital has been changing for the last several decades, due to socioeconomic changes, developments in dental materials and increasing number of private pediatric dental clinics. The purpose of this study is to survey the changing patterns of pediatric dental treatment in the university dental hospital and to present the future direction for pediatric dentistry. Patient distribution and practice trends were reviewed based on the OCS (order communication system) records of the department of pediatric dentistry, Seoul National University Dental Hospital from 2001 to 2008. Results were as follows; 1. The number of patients increased up to 2005 and decreased in 2006, and has remained constant up to 2008. 2. The proportion of preventive and orthodontic treatment increased and the proportion of restorative and pulpal treatment decreased. 3. In restorative treatment, amalgam restoration decreased and resin restoration increased. 4. Frequency of sedation decreased in 2006, 2007 and increased in 2008. 5. Frequency of general anesthesia increased up to 2008.

• Journal of the Korean Institute of Landscape Architecture
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• v.42 no.6
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• pp.72-88
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• 2014

This study was conducted in order to analyze user behavior and preference factors in the outdoor spaces of mental hospitals. Among hospitals with 250 or more beds, 5 hospitals were selected in consideration of size of garden and diversity of garden elements. The subject of the study was restricted to mild cases of schizophrenia while 30~50 patients were selected on the recommendation of their doctor from 5 hospitals, respectively. The physical environment was analyzed, focusing on space components, after visiting the sites of study. A face to face interview method was selected in consideration of patients' cognitive abilities, a total of 230 questionnaires were used for the analysis. The results of the study can be summarized as follows. Rest facilities occupy the largest numbers in the components of garden, and those are followed by landscape facilities, walking/exercise facilities, and experience facilities. Outdoor walking/exercise programs are classified into group walks and free walks with most patients taking group walks. Most of the patients visit these outdoor spaces every day but some of them rarely use the outdoor areas. In order to increase the efficiency of using these outdoor spaces, the percentage of space for ensuring a sense of control should properly harmonize with the percentage of space to facilitate patients in having social contact. With regard to the reasons for preferring the most widely-used outdoor spaces, landscape/environment property was the most important, followed by functionality and then accessibility. Major activities in the preferred space are mainly composed of walking/exercise and rest. The preferred facilities are waterscape facilities such as ponds, waterfalls and fountains, rest facilities such as pergolas and shade trees, and lawn. It was understood that naturalness should be considered to be the most important factor in constructing a new healing garden, followed by aesthetics and amenities. Single facilities rated by preference for introduction were flower beds, trails, and lawn. According to type, waterscape facilities such as fountains, ponds, waterfalls and waterwheels were most preferred. Space for natural distraction and programs for the cultivation of flower beds were also preferred. The ideal image of a healing garden should be bright, familiar, and orderly as a whole, having plenty of introduced facilities. Open spaces were preferred to enclosed spaces. Finally, the image of a garden that helps patients feel calm was thought to be that of the most ideal garden.