• The Korean Society of Law and Medicine
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• v.23 no.4
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• pp.103-131
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• 2022

2021, the Supreme Court recognized the foundation of the quasi-indecent act by force by the concept of 'alcohol blackout' although there were multiple situations that it was hard to judge insanity of the victims was evident in the cases with drunken victims. This means the consideration of insanity state due to temporary false memory rather than the total loss of mental capacity from the existing concept of insanity. However, the interpretation of insanity in the criminal law has to be strict and its application could be difficult. In particular, the comparison precedent which is very similar to the subject one was determined not to be the same with the state of the insanity or inability to resist during the sexual relation though the victim had the symptoms of alcohol blackout, denying the quasi-indecent act by force. This argument is determined to be logical remarkably, and insanity and quasi-indecent act by force should be discussed considering the medical review on the alcohol blackout of the victims sufficiently when determining the individual precedents. In addition, the most important point in the sexual crimes is the consent, and there may be possibility of negligence in case that uncertain consent is determined as the consent to continue the following act. Also, in case of uncertain consent or suspicious, universal determination not to follow the act should be able to realized. Therefore, strong evidence is required for criminality, determining that the victim is the state not to be able to do the normal judgment and the minimum willful negligence is existed that the accused uses this. In the subject ruling, the act of the accused has to be clearly punished, however, it is determined to be unreasonable for the punishment with the quasi-indecent act by force under the interpretation of the current regulations.

• The Korean Journal of Emergency Medical Services
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• v.17 no.3
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• pp.53-60
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• 2013

Purpose: The purpose of the study is to emphasize the importance of out-of-hospital cardiac arrest resuscitation. This resuscitation by paramedic is very effectively performed under the medical direction of the doctors. Methods: The cardiac arrest victim was 4 month old infant. Informed consent from the parents of the infant was received. CPR combined with 150J defibrillation was performed to the 4 month old infant. Results: We reported that the 4 month old infant survived the cardiac arrest. Out-of-hospital cardiac arrest infant survived after 150J automated external defibrillator and CPR performance. Conclusion: Specific operative protocol is important because the paramedic can apply the proper manual defibrillator effectively. It is important to extend the work scpoe of the EMT.

• Child Health Nursing Research
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• v.22 no.2
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• pp.145-152
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• 2016

Purpose: This study was designed to explore nursing students' knowledge, attitudes and intention to report cases of child abuse. Methods: A descriptive research design was used with a convenience sample of 202 nursing students. After explaining the purpose of the study, participants who signed the consent form were asked to complete a self-descriptive questionnaire, which included the Child Abuse Intension Scale (CARIS). Results: The number of correct answers for knowledge of child abuse and the law was 7.0 /13. The mean scores were, for attitude toward childrearing belief and discipline, $17.1{\pm}5.2$, for punishment and culpability of offender or victim, $24.6{\pm}4.1$, for professional responsibility, $30.5{\pm}5.1$, and for perceived behavioral control, $25.3{\pm}5.0$. The intended reporting behavior differed significantly by severity of abuse. Factors influencing the intention to report child abuse were attitude towards punishment of parents, professional responsibility, and perceived behavioral control ($R^2$=.133). Conclusion: On the basis of our finding, developing education programs to help nursing students detect child abuse and improve reporting rates is important. Thus, we suggests that nursing students be provided with educational protocol for detection and reporting of child abuse.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.27-53
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• 2015

Recently, a plastic surgery hospital in Seoul, has been raided following suspicions that ghost surgery was performed by an unauthorized substitute surgeon on a chinese woman who lapsed into a death. Following the incident, an organization to eradicate ghost surgery was created in March by Consumers Korea, founded to protect consumer rights, and the Korea Alliance of Patients Organization. The organization has received reports of illegal medical practices. To substitute another physician without the patient's consent and without his knowledge of the substitution is fraud and deceit and a violation of a basic ethical concept. The patient as a human being is entitled to choose his own physician and he should be permitted to acquiesce in or refuse to accept the substitution. It should be noted that it is the operating surgeon to whom the patient grants his consent to perform the operation. The patient is entitled to the services of the particular surgeon with whom he contracts. The surgeon, in accepting the patient, obligates himself to utilize his personal talents in the performance of the operation to the extent required by the agreement creating the physician-patient relationship. He cannot properly delegate to another the duties which the patient authorizes him to perform personally. 'Ghost surgery' comes under Article 257(Inflicting Bodily Injury on Other or on Lineal Ascendant) of the Criminal Code. Substitution another physician without the patient's consent and without his knowledge of the substitution shall be performed Inflicting Bodily Injury. This is a controversial issue that'ghost surgery' comes under Article 347(Fraud) of the Criminal Code. It maybe controversial that operation substituted by another physician without the patient's consent and without his knowledge of the substitution becomes the component of Fraud. Also, Ghost surgery' comes under Article 27 (Prohibition of Unlicensed Medical Practice, etc.), Article 22 (Medical Records, etc.), Article 33 (Establishment) of the Medical Service Act. The surgeon's obligation to the patient requires him to perform the surgical operation: (1) within the scope of authority granted him by the consent to the operation; (2) in accordance with the terms of the contractual relationship; (3) with complete disclosure of all facts relevant to the need and the performance of the operation; and (4) to utilize his best skill in performing the operation.

• Journal of the Korean Society of Child Welfare
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• no.58
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• pp.47-76
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• 2017

This study aimed to examine how strictly child-related sexual crimes were sentenced in Korea. The target cases of the study included eight cases that were appealed to the Supreme Court between 2000 and 2015. The main findings of the assessment of the eight cases indicated that there were sentences with lower terms than laws regarding sexual crimes against children. While laws should be strictly applied to cases of sexual crimes against children, the level of penalty was found to be relatively generous compared to the applicable laws. In particular, the reason for the crimes, the lack of any history of sexual crimes by the perpetrator, the perpetrator's relationship with the child victim, forgiveness from the children, and regret of the perpetrator were found to reduce sentences. Comparatively, the exploitation of parent status, the accusation of the perpetrator, and the lack of mutual consent were factored in consideration of harsher sentences. The findings suggest that it is necessary to reexamine the levels of sentences related to sexual crimes against children.

• Information Systems Review
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• v.20 no.1
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• pp.17-39
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• 2018

SNS enables people to easily connect and communicate with each other. People share information, including personal information, through SNS. Users are concerned about their privacies, but they unconsciously or consciously disclose their personal information on SNS to interact with others. The privacy of a self-disclosed person can be intruded by others. A person can write, fabricate, or distribute a story using the disclosed information of another even without obtaining consent from the information owner. Many studies focused on privacy intrusion, especially from the perspective of a victim. However, only a few studies examined privacy intrusion from the perspective of an intruder on SNS. This study focuses on the intention of privacy intrusion from the perspective of an intruder on SNS and the factors that affect intention. Privacy intrusion intentions are categorized into two types. The first type is intrusion of privacy by writing one's personal information without obtaining consent from the information owner;, whereas the other type pertains to intrusion of privacy by distributing one's personal information without obtaining consent from the information owner. A research model is developed based on motivation theory to identify how these factors affect these two types of privacy intrusion intentions on SNS. From the perspective of motivation theory, we draw one extrinsic motivational factor (response cost) and four intrinsic motivational factors, namely, perceived enjoyment, experience of being intruded on privacy, experience of invading someone's privacy, and punishment behavior. After analyzing 202survey data, we conclude that different factors affect these two types of privacy intrusion intention. However, no relationship was found between the two types of privacy intrusion intentions. One of the most interesting findings is that the experience of privacy intrusion is the most significant factor related to the two types of privacy intrusion intentions. The findings contribute to the literature on privacy by suggesting two types of privacy intrusion intentions on SNS and identifying their antecedents from the perspective of an intruder. Practitioners can also use the findings to develop SNS applications that can improve protection of user privacies and legitimize proper regulations relevant to online privacy.

• The Korean Society of Law and Medicine
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• v.23 no.1
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• pp.149-176
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• 2022

South Korean law strictly prohibits engagement in medical activities by non-medical practitioners. In the country, tattooing is classified as a medical practice, and non-medical practitioners who engage in it are penalized because they are unauthorized to carry out this procedure. In reality, however, people rarely seek tattooing services from medical personnel. Arguing that their freedom of job selection is violated, non-medical personnel who make a living as tattoo artists reject the characterization of the procedure as a form of medical treatment and demand the decriminalization of tattooing by non-medical practitioners. Nevertheless, tattooing can cause health- and hygiene-related dangers when it is not performed by medical professionals because it involves penetration into the skin using needles. Hence, stringent management is necessary for infection prevention. The gap between reality and the law gives rise to the need for proactive thinking about the institutionalization of tattoo practice by non-medical personnel. Policymakers should reflect on the fact that only minimal tattooing services are currently performed by medical staff while also accounting for health and safety. On this basis, this study examined tattoo-related legislation in South Korea to determine whether the procedure corresponds to medical practice and identify ways to solve problems that occur from the perspective of health care. As a response that promotes safety and reflects reality, this research proposed a three-phase approach.

• Journal of forensic and investigative science
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• v.2 no.2
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• pp.21-29
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• 2007

News from the media on sexual assaults to children committed by natural fathers doesn't attract social attention any more. The number of crimes related to Child Sexual Assault(CSA) is increasing every year in spite of the "Special Act on Prevention of Sexual Assault in Korea". The YoungNam District Sunflower Center for prevention of Child Sexual Assaults(SC-CSA) was established in Daegu, June 2005. The YoungNam District SC-CSA provides forensic evaluation of physical evidence, medical and psychological treatment for the victims less than 13 years of sexual assaults simultaneously. This study carried out 36 cases of CSA by kin reported to YoungNam District SC-CSA, among 180 cases in total until December 2006 since its opening. Most of the victims were girls (32 cases). 28 cases (78%) were indecent assaults (78%) and 8 cases (22%) were rapes. The assailants were overwhelmingly males (35 cases). The assailants of 21 cases (58.3%) were identified as the victims' natural fathers. The incident locations were victim's residence (31 cases, 86.1%) and the victims had been sexually assaulted regularly for many years (25 cases, 69.4%). Considering the above research, we can conclude that CSA committed by kin has specific characteristics. CSA is not a one-time incident, but consistently occurring crime. However, in 22 cases (61.1%), the victim's guardian didn't want to report about it or punish the assailants. As the assailants were natural fathers or relatives of the victims, the other family members probably thought it might be shameful to reveal their wrong doings and would lead to defamation of their family's reputation. The SC-CSA provides the counseling and medical treatment to the victims with the consent of the parents. Due to the guardians' misjudgment, the incident is sometimes not reported to the police. By not reporting the incident to the police, the assailant freely commits other crimes, which multiplies victims. The legal Act of supporting the management of the SC-CSA is still not regulated, so the stability of the SC-CSA is not guaranteed, yet. Even though it is obligatory to report incidents to the police, some cases are still not reported. Currently, there are three SC-CSA centers : in Seoul, in Daegu, and in Gwangju. More centers need to be established to diminish CSA cases in Korea.