• The Korean Society of Law and Medicine
• /
• v.18 no.2
• /
• pp.139-161
• /
• 2017

In this paper, The Supreme Court of Korea 2016. 1. 28. 2015Da9769 was reviewed. In the previous case, Korean Supreme Court 2009Da17417 for the element to requirement for permission of the withdrawal of life-sustaining treatments, the patient's consent for withdrawal of life-sustaining treatments was assumed a declaration of intention to terminate the contract. But the consent for withdrawal of life-sustaining treatments corresponds not to those. The consent for medical treatments is not the juristic acts but the real acts. If the presumptive intention about these withdrawal regards as the termination of medical contract, the contract must be up to the starting the civil proceedings. According to this case, although the partial cancellation of medical contract is admitted, on the other hand medical expenses obligation ist exempted only after the final decision. At the withdrawal of life-sustaining treatments the medical obligation ist exempted because of the inability to providing the medical payment, which confirmed by the final decision about the withdrawal of life-sustaining treatments. Therefore the judgement of this case ist appropriate in that sense, the medical obligation ist waived only after the final decision. However that legal basis lies not at the partial cancel but at the partial inability.

• The Korean Society of Law and Medicine
• /
• v.18 no.2
• /
• pp.75-103
• /
• 2017

There are three types of benefits in the National Health Insurance Act of Korea. Those are the treatment benefit, statutory uninsured medical benefits and arbitrary uninsured medical benefits. Recently the Korea Supreme Court changed its past legal theory and permitted the arbitrary uninsured medical benefits under the strictly exceptional conditions. According to the Supreme Court's decision, the existence of procedural difficulty, the medical necessity and the patient's consent are necessarily required in order to allow the legal exceptions in arbitrary uninsured medical benefits. Among the three requirements, the doctor's explanation and the patient's fully informed consent are the most important essentials in this legal conflict. The requirement concerning the doctor's explanation and the patient's consent roles like a hole in the ice as a breathing hole in the arbitrary uninsured medical benefits. The most cases dismissed after Supreme Court Decision 2010DU27639, 27646 Decided June 18, 2012. were due to the defect of three requirements.

• The Korean Journal of Emergency Medical Services
• /
• v.13 no.3
• /
• pp.77-90
• /
• 2009

Civil complaints and lawsuits filed in the process of providing emergency medical service include fall accident on the way of carrying the patient, transfer consent, refusal and rejection of rescue request, range and behavior restriction of emergency medical technicians, false registry of logbook, neglect of duty and emergency patient, and violation of traffic laws on the way of dispatch to the scene of accident. This study suggested the measures by cases as follows. 1. The accidents on the way of carrying a patient could be divided into fall of patient and fall by paramedic's mistake. In the former case, damages caused by the ambulance's shaking must be notified to the patient and guardian and recommended to fasten seat belt, in the latter case, the plan of patient's posture, route of transport, rescue and equipments should be comfirmed before fixing the patient. 2. Transfer consent must be made as implied when the patient is unconscious under delusion and was not able to consent physically, and paramedic must take an action by his judgment and record details of services on logbook. 3. When a patient refused to transfer, get 'confirmation of transfer refusal' and inform him of refusal. Paramedic should receive the signature. In addition, in case of refusal, transfer request should be made after hearing doctor's opinion and it should be notified to transfer request and superintendent of fire station after making 'confirmation of transfer refusal'. 4. Emergency medical technicians should perform their duties within the range of services prescribed by Article 41 of Law of Emergency Medical Service and Article 33 of Its Enforcement Regulations and shall not make announcement of death. In case of reporting the death to guardian, it is desirable to use record data like ECG results. 5. The best way to have protection from legal problems is making and keeping the exact records of accident and patient. Paramedic should not mention his subjective opinion about the accident-related matter. He must record correctly and keep the original medical records. 6. As emergency medical technicians are responsible for taking care of emergency patients, they must contact a briefing room when they meet a difficult situation suddenly due to vehicle stop or treatment of other patients and then must have support from neighboring hospital and other safety centers. 7. Since the ambulance operator is responsible for safety and careful driving of ambulance, he must be careful when he violates traffic regulations unavoidably. The operator should drive slowly below 10km/h at an intersection and pass it after getting way from general vehicles driving from all directions.

• The Journal of the Korea Contents Association
• /
• v.19 no.10
• /
• pp.660-666
• /
• 2019

This study is about the research of recognition for deinstitutionalization and independent living of the disabled living in residential facilities for the people of family. The survey was conducted in October to September 2018 and 810 cases were used in the final analysis. In this study, we confirmed that about half of the families of groups and those who perceived In accordance with the enactment deinstitutionalization were divided into half. and consent to cegislation, local government efforts, independence, consent to deinstitutionalization family perceptions of disagreement of independence were identified as having no low information provided. These results indicate that there was a lack of provision of services or information related to independent living of the disabled living in residential facilities, and it was confirmed that proper information transfer education on policies and services is needed to have accurate understanding and awareness. In addition, the agreement on legislation, local government efforts, Independence, consent to deinstitutionalization were found to have a significant effect on preparation for independent living. Therefore, it was confirmed that systematic information education support are needed to ensure proper recognition of user's family in residential facilities and to ensure healthy independence of users.

• Journal of Korean Neurosurgical Society
• /
• v.62 no.4
• /
• pp.398-404
• /
• 2019

Objective : Recently, three-dimensional (3D) printed models of the intracranial vascular have served as useful tools in simulation and training for cerebral aneurysm clipping surgery. Precise and realistic 3D printed aneurysm models may improve patients' understanding of the 3D cerebral aneurysm structure. Therefore, we created patient-specific 3D printed aneurysm models as an educational and clinical tool for patients undergoing aneurysm clipping surgery. Herein, we describe how these 3D models can be created and the effects of applying them for patient education purpose. Methods : Twenty patients with unruptured intracranial aneurysm were randomly divided into two groups. We explained and received informed consent from patients in whom 3D printed models-(group I) or computed tomography angiography-(group II) was used to explain aneurysm clipping surgery. The 3D printed intracranial aneurysm models were created based on time-of-flight magnetic resonance angiography using a 3D printer with acrylonitrile-butadiene-styrene resin as the model material. After describing the model to the patients, they completed a questionnaire about their understanding and satisfaction with aneurysm clipping surgery. Results : The 3D printed models were successfully made, and they precisely replicated the actual intracranial aneurysm structure of the corresponding patients. The use of the 3D model was associated with a higher understanding and satisfaction of preoperative patient education and consultation. On a 5-point Likert scale, the average level of understanding was scored as 4.7 (range, 3.0-5.0) in group I. In group II, the average response was 2.5 (range, 2.0-3.0). Conclusion : The 3D printed models were accurate and useful for understanding the intracranial aneurysm structure. In this study, 3D printed intracranial aneurysm models were proven to be helpful in preoperative patient consultation.

• Journal of Internet Computing and Services
• /
• v.22 no.2
• /
• pp.123-131
• /
• 2021

The Fourth Industrial Revolution was triggered by data-driven digital technologies such as AI and big data. There is a rapid movement to expand the scope of data utilization to the privacy area, which was considered only a protected area. Through the revision of the Data 3 Act, laws and systems were established that allow personal information to be freely transferred and utilized under their consent. But, it will be necessary to support the platform that encompasses the entire process from collecting personal information to managing and utilizing it. In this paper, we propose a platform model that can be applied to building mydata ecosystem using personal information. It describes the six essential functional requirements for building MyData platforms and the procedures and methods for implementing them. The six proposed essential features describe consent, sharing/downloading/ receipt of data, data collection and utilization, user authentication, API gateway, and platform services. We also illustrate the case of applying the MyData platform model to real-world, underprivileged mobility support services.

• Journal of the Korea Academia-Industrial cooperation Society
• /
• v.21 no.12
• /
• pp.836-844
• /
• 2020

In modern society, there is a growing demand for human tissue donation along with organ donation. However, the awareness of tissue donation and actual donation rates remain very low in South Korea. This study was undertaken to evaluate the current status of domestic laws and systems, and to compare them with the operation systems of major foreign countries, by reviewing literature and web sites of organ donation and registration. The authors present three measures to promote human tissue donation in Korea: integration of a dual legal system in a legal aspect, vitalization of the Opt-out system in terms of system operation, and activation of public relations in terms of social and cultural aspects. The Opt-out system, in particular, is the most effective way to activate transplants in the form of presumed consent of countries without undue pressure. However, the presumed consent method requires various stages of social public debate, and the requirement is a proper domestic understanding of the registration system for rejection. In conclusion, we believe the solution towards a positive inclination for organ donation is a public policy to increase the supply for organs and human tissue transplants, and positive perception of donations, public promotion, and support for postmortem donors and their families.

• 대한예방의학회:학술대회논문집
• /
• 1999.10a
• /
• pp.86-87
• /
• 1999

• Clinical and Experimental Pediatrics
• /
• v.51 no.5
• /
• pp.447-451
• /
• 2008

It is fair to say that there are many ethical issues concerning the publication of medical papers. To define the best practice in the ethics of scientific publishing and a proper understanding of appropriate reporting in medical papers, this review should be useful for authors dealing with ethical issues which involve the protection of human and animal rights, the protection of confidentiality and informed consent, fabrication, falsification, plagiarism, author and authorship, copy right transfer, duplicate publication, conflict of interest, and dealing with misconduct cases.

• Journal of Contemporary Eastern Asia
• /
• v.15 no.1
• /
• pp.4-16
• /
• 2016

A large literature identifies perceptual differences between citizens that support winning parties versus losing parties. These analyses fail to capture the complexity of mixed member legislative systems where one can be a winner or loser at both the national and district level. This paper proposes a two-level framework for the analysis of mixed system. An analysis of Taiwan’s first election under a mixed system provides evidence that both support for a national winner and district level winner produce boosts in positive perceptions of the electoral system. National success appears to be a larger motivator of perceptions.