• The Korean Society of Law and Medicine
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• v.7 no.2
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• pp.113-136
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• 2006

In recent years, as well as the other countries, medical dispute cases increase continuously in China. one of the reason that medical cases increase rapidly like this is after reformation and opening people's sense of independence, law and right come to be high, but a theoretical study about medical malpractice liability is insufficient and there is deficiency at legislation from 1986 civil law general rule is carried out in Chinese. but it is difficulty to deal with those more and more complicated medical dispute only according to the law above. so in 2001 The Chinese Supreme Court established the judicial construction about civil litigation evidence which regulated the shift of the burden of proof of medical malpractice and the relation of cause and effect from the plaintiffs to the defendants. in 2002 the State Council made out Incident of Malpractice Processing Rule. but many scholar pointed out the problem in it. on the other side, according to Chinese Contract Law parties could choose contractual or tort liability to prosecute. but because of the judicial construction above majority of people asked tort liability. of course there are some cases asking contractual liability. then this paper aim at analysis of the Chinese medical malpractice liability, especially of the problems about the subject of responsibility, burden of proof and scope of responsibility.

• 중국학논총
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• no.64
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• pp.157-182
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• 2019

中国加入WTO后, 在经济快速发展, 产业结构逐渐高度化的情况下, 以2015年获得中医科学院所属传统医学家屠呦呦教授诺贝尔生理医学奖为契机, 在传统医学"中医药崛起"领域也走向世界. 尽管近年来西方医学取得了辉煌发展, 但近年来化学药品的副作用, 老龄化时期医疗费用支出扩大等新问题, 使天然物料生物新药开发蓬勃发展, 传统医药市场规模不断扩大. 属于传统医药的中医药产业一直受到中国领导人的关注, 中医药在防治非典传染病中的作用, 中医科学院的屠呦呦教授获得诺贝尔生理医学奖等, 中医药政策得到积极促进. 与此形成鲜明对比的是, 我国韓医药产业在"西·韓医药"纠纷仍在持续的情况下, 尽管政府作出了努力, 但并未取得显著成效. 因此, 本文首先對中医药产业的概念, 范畴和地位詳細硏究, 并详细了解中医药产业政策在时间上是如何推进的. 然后详细分析中医药医疗服务和制造业, 国际化领域取得了哪些成就. 最後让我们来看看对我们韓医药产业发展的启示是什么.

• Journal of Pharmacopuncture
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• v.25 no.2
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• pp.145-147
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• 2022

• The Korean Society of Law and Medicine
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• v.7 no.2
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• pp.331-364
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• 2006

Medical supplies have contradiction of efficacy and side effect to the various diseases together. Therefore, people have tried to reduce the side effects and also provide various methods to cope with any damages from the medicine quickly. In the case of accidents by medical supplies, the victim can be protected with advantage by the Product Liability Law rather than the Torts. The limit of Product Liability Law's application depends on whether medical supplies belong to the product or not. According to Product Liability Law, the product should be processed. Therefore, medical supplied should be processed to be the category of product. It can be said that the medical supplies in pharmacy, Chinese medicine, medical herbs, biological medicine manufactures, blood manufactured medicine, cord blood, hemopoietic progenitior cell and stem cell belongs to the manufactured products. The mixture by the prescription of doctor or preparation of pharmacist can be recognized as the product because prescription or preparation is a manufacturing act. Therefore, applying Product Liability Law to manufacturer, doctor or pharmacist would achieve the goal which is protecting the victims extensively.

• The Korea Journal of Herbology
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• v.27 no.5
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• pp.45-53
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• 2012

Objectives : In recent years, the Chinese Government has been providing full support aimed at promoting the excellence of Chinese culture, including Traditional Chinese Medicine (TCM), to the world after recognizing Chinese culture and medicine as elements that can generate national wealth. Methods : In investigating China's awareness of the issues surrounding the intellectual property rights of TCM, as well as its implementation of protective measures, this study analyzed the law and platform policies of the Chinese Government, as well as the designation status of China's intangible cultural heritages and the recent research trend in the TCM field. Results : First, China is taking various protective measures based on laws and institutional devices, including the Patent Act. Second, China is protecting the intellectual property rights of traditional Chinese medicines by registering them as Chinese intangible cultural heritages or UNESCO world heritages. Third, China is seeking to promote TCM throughout the wider world through various research and academic conferences, and by strengthening ties between nations. Conclusions : With the adoption of the international regimes of the WIPO and CBD, and particularly the Nagoya Protocol in 2010, China is seeking to implement measures aimed at maximizing the national interest based on the intellectual property rights of TCM. China began to implement a system of protection of medicinal resources and the related traditional knowledge after recognizing the potential crisis that could occur if Chinese medicine-related patents were taken over by foreign countries. As such, the system now takes various forms.

• Advances in Traditional Medicine
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• v.7 no.3
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• pp.211-216
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• 2007

Swollen and painful extremities have been treated with herbal baths in attempts to alleviate the symptoms. A popular herbal bath used in China, contains a component called 'bone-penetrating herb' which is believed to facilitate the penetration of herbal substances across the skin to the swollen site, so swollen site, so that pain and swelling will be improved. A search from the Chinese pharmacopedia revealed that 22 different herbs have been traditionally used as 'bone-penetrating herb'. Five of these herbs were available in market and were chosen for experimental studies. Standard diffusion experiments were done to identify the most effective herb among the five, in the penetration facilitation. Glechoma longituba at a concentration of 20% was found to give the best results in the facilitation of Bromophenol blue diffusion across artificial and biological membranes. When compared with one commonly used diffusion facilitator, viz. azone, azone was found to be more effective than glechoma longituba. The encouraging observations support future studies on the basic science behind the use of herbal components as topical agents to treat pain and swelling.

• The Korean Society of Law and Medicine
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• v.7 no.2
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• pp.311-330
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• 2006

As issues of education, employment and so on, the medical issue is one of the hot spots of society in China today. The health system reform which was pushed ahead after China's Revolution and open to the outside world hasn't received great progress. Many actual problems haven't been solved, for example it is difficult and expensive to see a doctor. With the development of the economy and society, the citizen's legal consciousness has gradually risen. They make a claim for better medical service. At the same time, the number of the disputes of medical care arises annually. China has sped up the opening of service trade for fulfilling promises of entry the WTO since 2001. China has already opened many service trade fields, including medical field. From the domestic perspective, there are many problems in domestic medical department. From the international perspective, China's present medical level falls behind the world advanced medical level. Under this background, it is a bold act for China to open the medical service field to foreign investors. Today, a huge medical service market is developed in China. However, the government's investment to medical devices and the financing channels is limited. Therefore, it is inevitable that individuals, social organizations and foreign investors invest to the medical market. In view of the situation, Chinese government issued a series of relevant laws and rules. In recent years, many multinational companies, consortiums, charitable institutions, enterprises and individuals establish various medical institutions in China. But there are rare research in the actuality and legal subject of foreign investment to Chinese medical market. Hence, it is necessary to realize the actuality of foreign investment to Chinese medical market, to familiar with the elements and procedure of establishing foreign joint and cooperative medical institution. Meanwhile, analyzing the existing problems and posing the legal subject have important theoretic and practical value.

• Journal of the Korean Institute of Oriental Medical Informatics
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• v.16 no.1
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• pp.1-8
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• 2010

Objective: Various controlled vocabulary such as thesaurus and classification make us to reuse and share effectively by defining different concept and linking terms each other. The UMLS(Unified Medical Language System) is one of the most universal medical terminology systems. It is needed various methods to share and reuse information of traditional Korean medicine. We will research on method that adopt SUI of the UMLS(that is de facto standard in medical terminology system) in traditional Korean medical terminology. Method: We described major problems and applying process when we tried to add traditional Korean medicine in the part of meridian into the UMLS metathesaurus. Comparing western medical terms and traditional Korean medical terms for applying UMLS metathesaurus, there is not only many consistency, but also differences. Result: We confirmed what is the differences and consistency between western medical terms and traditional Korean medical terms. And then reviewed methods that apply the CUI, LUI, SUI in traditional Korean medical terms. Traditional Korean medical terms are not discriminated by singular or plural string. In addition, traditional Korean medical terms have vary string by initial law: the law of initial sound of a syllable. Character is described with Korean, traditional Chinese, modern Chinese, etc. According to meaning, language, initial law, SUI has a distinct value respectively. Conclusion: There are many differences to apply the UMLS between western medical terms and traditional Korean medical terms. For the better implementation to traditional Korean medicine into the UMLS, further research is needed in standardization and classification of traditional Korean medical terms, medical information system, etc. We hope this study helps the implementation UMLS, EHR, knowledge based system in Oriental medicine in the future.

• The Journal of Korean Medical History
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• v.23 no.2
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• pp.23-36
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• 2010

In this paper, this writer looked into the initial law and fortification, which are two of the most important phonetic changes of Sino-Korean words. Pronunciation and inscription rules of Oriental Medical terminologies have also been studied. Moreover, several problems of meaningful rendering of Oriental Medical Chinese terminologies into Korean have been looked into. As a result, the following conclusions could be drawn. 1. The initial law only applies to Sino-Korean words that consist of more than one syllable. It does not apply to words borrowed from foreign languages. Especially, compound words like Jang-ssi-yu-gyeong(張氏類經) or Im-sin-yuk-hyeol(姙娠衄血) consist of already existing words such as Jang-ssi(張氏), Yu-gyeong(類經), Im-sin(姙娠), and Yuk-hyeol(衄血), and thus the initial law applies to these words. They are inscribed and pronounced 'Jang-ssi-yu-gyeong' and 'Im-sin-yuk-hyeol'. 2. Fortification of Sino-Korean words can be applied variously according to the structure and meaning of the words. Words such as '科', '格', '氣', '法', '病', '症', and '證' are often fortified and at the same time used frequently in Oriental Medicine. Also, many other words are derived from these words. However, there has not been a scholastic consent among the Oriental Medical society as to in which circumstances these words will be fortified. Therefore, a standardization process to stipulate the pronunciation of Oriental Medical terminologies is necessary. 3. Meaningful rendering of Oriental Medical Chinese terminologies into Korean also needs scholastic investigation. Especially, the word 兪 should be meaningfully rendered and pronounced 'su' just like the words 輸 and 腧, but is wrongly pronounced 'yu'. Other than this, the words 井滎兪經合, 秦艽, 膻中, 共振丹, 成無已, and 麗澤通氣湯 should respectively be pronounced 'jeong-hyeong-su-gyeong-hap', 'jin-gyo', 'dan-jung', 'gong-sin-dan', 'Seong-mu-yi', and 'Yi-taek-tong-gi-tang'. Moreover, there are four pronunciations to the word 梴 of 李梴. This should also be standardized. This writer proposes that in the future, correct meaningful rendering of Chinese terminologies into Korean and phonetic signs be inscribed in dictionaries regarding Oriental Medical terminologies.

• Journal of Acupuncture Research
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• v.33 no.2
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• pp.117-133
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• 2016

Objectives : Traditional Korean Emergency Medicine (EM) has been developing for thousands of years, however its value was not properly considered after 19th century modernization. The purpose of this study was to review the current status of EM in Korean Medicine and suggest methods for improvement. Methods : We performed systematic reviews of the definition, current medical system, and educational curriculum of EM in Western Medicine, traditional Korean and Chinese Medicine, and integrated Western and traditional Chinese medicine with the use of medical classics and text books. We also analyzed the trends in published research articles to discuss the current situation in the field of traditional Korean EM, and to provide methods for its establishment and development with traditional Korean medicine. Results : The definition of EM as a treatment of acute disease shares common understanding among traditional Korean, Chinese, and Western medicine. We presented descriptions of EM in many medical classics, however current law and EM service does not include these. As for the review of publications during the last 20 years, we found 21 articles in several fields that confirmed the need for more investigation. Conclusion : Traditional Korean EM has a long history and clinical experiences that can be found in medical classics, textbooks and research articles. There is an urgent need for more studies on traditional Korean EM as an emergency medical service system, and in terms of educational curriculum and related policies to improve Evidence-Based teaching.