• The Korean Society of Law and Medicine
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• v.8 no.2
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• pp.69-118
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• 2007

In providing general medical treatments, the medical service contract between the patient and the doctor is the mutually responsible onerous contract. However, the nature of the mutually assumed contract standings of the patient and the doctor has been changing since the implementation of the national health insurance program. For instance, besides the cases of beyond excessive medical charges and medical negligence, if the doctor charged for his/her medical treatments violating the post-treatment/nursing cover criteria, the overpaid medical charge, regardless of being collected with the patient's consent, has to be refunded back to the patient. Medically needed aspects, treatment results, and unfair benefits favoring the patient are not at all taken into consideration in the health insurance scheme. This makes it easier for patients to get refunds for their share of the medical payments by involving the Health Insurance Review & Assessment Service or the National Health Insurance Corporation, without engaging in civil law suits (for reimbursement claim) against doctors. In other words, the doctor's responsibility to provide medical treatments and the patient's responsibility to pay for the medical treatment provided within the contractual realm are being demolished by the administrational arbitration of the National Health Insurance system. The basic rights of medical service providers, and the patient's right to choose are as important constitutional rights, as the National Health Insurance program, which is essential in the social welfare system. Furthermore, the development of the medical fields should not be prevented by the National Health Insurance system. If the medical treatment services can be divided into necessary treatments, general treatments, and high quality treatments, the National Health Insurance is supposed to guarantee the necessary and general treatments to provide medical treatments equally to all the insured with limited financial resources. However, for the high quality treatments, it is recommended that they should not be interfered by the National Health Insurance system, and that they should be left to the private contract between the patient and the doctor.

• Journal of the Korean Society of Physical Medicine
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• v.13 no.2
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• pp.147-156
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• 2018

PURPOSE: The law pertaining to medical service technologists does not discuss the scope and limits of doctors' guidelines. My paper aims to discuss these topics. METHODS: This study was based on a review of literature and an analysis of judicial precedents. RESULTS: Physical therapists have often noted the need for independent practitioners in their articles on health care. Their continued discussions on professional and educational differences have centered round this issue, but their ideas have not been accepted. Practitioners have continued to interpret doctors' guidelines in hospitals without discussing their scope. However, the Supreme Court presented a meaningful decision outlining the conceptual limits and the scope of medical practice. The court suggested, basing its interpretation in the goal of clarifying the concept of medical activities smoothly, was to follow a specific judgment on the levels of education, testing, and professionalism. CONCLUSION: The role of physical therapists is expanding in this country, in order to meet the needs of the ultra-aged society. Education is already responding to rising training needs. By dividing the doctors' guidelines into indirect and direct types, if there's no medical risk near or around the health center or hospital, it is a good idea to allow the management of physical therapy partially, while understanding the scope and limitations of these guidelines clearly. A teleological interpretation of the law is especially relevant, and can be implemented immediately by the authoritative interpretation on part of the health authorities without any legal amendments.

• Journal of Korean Medical classics
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• v.23 no.2
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• pp.235-270
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• 2010

This paper studies the main treatment methods, Ikgi(益氣) and Seung-yang(升陽) applied frequently by Lee Jema(李濟馬) on the exterior disease of So-eumin(少陰人), one of the four constitutions. The methodology of this paper is to understand the pharmacology of "Dong-uisusebowon(東醫壽世保元)" by examining the formulas applied by Lee Jema. I have examined the organization of formulas in "Dong-uisusebowon(東醫壽世保元)" beforehand to categorize the formulas applicable in this study according to an objective standard. I have analyzed the prescriptions applied to So-eumin exterior disease. As a result, I could see that in the case of Ulgwang(鬱狂) syndrome, Ikgi(益氣) and Seung-yang(升陽) methods were mainly applied, but as the disease progressed, Seung-yang(升陽) was withdrawn while Ikgi(益氣) was stressed. Likewise, in the case of Mang-yang(亡陽), both methods were mainly adopted, but as the patients got worse, the level of Seung-yang(升陽) was maintained and that of Ikgi(益氣) was elevated with the addition of Buja(附子). Through this process, we could verify the overall action of Ikgi(益氣), Seung-yang(升陽) and Buja(附子). Originally, the two methods of Ikgi(益氣) and Seung-yang(升陽) are intimately related, but by analyzing the overall functions of the two methods, we could see that Seung-yang(升陽) and Buja(附子) support the Yang gi of the interior of So-eumin, while Ikgi(益氣) resolves inner stagnation of Yang gi and emits the cold pathogen of the exterior. Also, in the course of treatment, Ikgi(益氣) could only be realized after securing Seung-yang(升陽).

• Journal of Society of Preventive Korean Medicine
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• v.13 no.2
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• pp.19-26
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• 2009

Objectives : This study was investigated to the relationship ayurvedic constitution and each skin hydration and pH. Methods : The questionaire survey and skin analysis of female students attending university located in Chugnam was carried out in order to assess skin types according to ayurvedic constituion such as vata, pitta and kapha. Data analysis were used describe statistics, ANOVA in Duncan's multiple comparative test and Pearson's correlation by SPSS. Skin hydration and pH was measured by Corneometer and skin-pH meter. Results : The results of this study are as follows. First, in terms of knowledge of ayurvedic constitutional types most students are not aware of that. Second, the most common constitution in the ayurveda medical system was pitta. Third, in the analysis of skin type by constitution of ayurveda, vata had dry skin while pitta and kapha tended to have more combination skin. However, this result didn't show any statistically significant difference either. Forth, the analysis of skin tone by constitution of ayurveda showed that vata was white, and pitta and kapha were just average. Discussion and Conclusion : The results of this study was shown that the difference between Korean and Indian, so we should develop effective diagnosis tool for Korean people. In the future, we expect that ayurvedic skin and body program developed by this study spread and practical use at esthetic industry and domain of esthetics in Korea.

• The Korean Society of Law and Medicine
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• v.13 no.1
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• pp.11-40
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• 2012

National Health Insurance Act has been enforced all over the People as part of the effort to assure the minimum constitutional human worth and dignity in the aspect of the right to pursue health for preventing misfortune that comes to death without even a chance to be received treatment for illness or injury. Meanwhile auto insurance is compulsory in certain parts in order to promote benefits of everyday life and the rapid recovery of the damage caused by traffic accident when one have negligently driven a car which has become the necessities in daily life. Any injured driver in a traffic accident can be treated by National Health Insurance without getting an auto insurance in various circumstances, but Article 3 paragraph 2 of Traffic Accident Act don't allow exception of criminal punishment when he has driven a car without license, drunken, or tresspassing the centerline, etc. When the injury occured by his own certain negligence is judged to 'when he has intentionally or through gross negligence caused a criminal conduct or intentionally contributed to the occurrence of an accident' of National Health Insurance Act, insurance benefits can be restricted. Such a restriction could harm the right to pursue happiness and health of People by depriving the poor, who cannot afford to pay, of chances to get treatment. Here we will see benefit restriction by 'gross negligence' of National Health Insurance Act Article 48 paragraph 1, which has largest portion of such restriction. It is desirable to delete 'gross negligence' clause from above paragraph and to interpret 'when' clause restrictively for diminishing confusion of interpreting and guaranteeing the right of health.

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.99-137
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• 2018

Under the Korean law, there are two routes of involuntary civil commitment of the mentally-ill: involuntary commitment process under the Mental Health Act (MHA) and the guardian's commitment backed up by family court approval under article 947-2 (2) of the Civil Code. Despite of the recent fundamental revision of MHA in 2016, the Korean involuntary commitment law has still serious flaws, especially the lack of due process like prior notice, hearing, and independent guardian ad litem for the mentally-ill, which has been pointed out also by the Korean Constitutional Court. Thus, a re-revision is inevitable, and this time, we should proceed to rebuild the underlying structure of involuntary commitment. In this regard, it is crucial to eliminate the old-fashioned and unjustifiable burden as well as power of the so-called responsible person to protect the mentally-ill and to readjust the causes and standings to petition of the various types of involuntary commitment process. Also it is necessary to repeal involuntary commitment by guardian under the Civil Code, article 947-2 (2), which can no longer harmonize with modern involuntary commitment system.

• Journal of Sasang Constitutional Medicine
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• v.11 no.1
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• pp.137-157
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• 1999

The purpose of this study is to help classifying Sasang Constitution through correlation with sound characteristic. This study was done it under the suppose that Sasang Constitution has correlation with sound spectrogram. The following result were obtained about correlation between sound spectrogram and Sasang Constitution by comparison and analysis 1. Soeumin answered his voice low tone, smooth and quiet in the survey. Soyangin answered his voice high, clear, fast and speaking random. Taeumin answered his voice low, thick and muddy. 2. Taeyangin was significantly slow compared with the others in the time of reading composition. Taeyangin was significantly slow compared with the others in Formant frequency 1. Taeyangin was significantly discriminated from Soeumin in Formant frequency 5. Taeyangin was significantly low compared with the others in Bandwidth 2. Soeumln was significantly low compared with Taeyangin in Pitch Maximum and Pitch Maximum-Pitch Minimum. Taeyangin was significantly high compared with the others in Energy mean. 3. In list of specification, the discrimination rate was higher than that by lists of 13 in the results of Multi-dimensional 4-class minimum-distance. The discrimination rate of three disposition except Soyangin was higher than that of four disposition in the results of One way ANOVA and Analysis of dis crimination in SPSS/PC+. In CART, the estimate rate of Sasang Constitution discrimination was higher than any other method. It is considered that there is a correlation between sound spectrogram and Sasang constitution according to the results. And method of Sasang constitution classification through sound spectrogram analysis can be one method as assistant for the objectification of Sasang constitution classification.

• Journal of Sasang Constitutional Medicine
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• v.8 no.1
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• pp.377-393
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• 1996

Lumbago is the common disease in the human, many people have been sicked the Lumbago. As the traditional methods of Lumbago treatment, acupuncture, moxibustion, herb medicines have been applied to a patient, nowadays, new methods have been applied physical remedy, Yakchim (Korean herb acupuncture) remedy, Chuna remedy to. This report was collected 73 Lumbago patients by name, sex, age, motive, symptoms, X-ray, CT, MRI, lRCT, Sasang constitution type, Sasang herb medicine, Yakchim, Chuna, period of remedy, satisfaction of remedy, at the "WooRee Korean Medical Clinic" during 21 months from Sep. 14, 1994 to May 25, 1996. And this report was studied about the distribution of the Sasang constitution type, the Sasang herb medicine, the effect, the period. The results were as follows: 1. Lumbago patients were distributed like that; Taeum-ln (太陰人) 47 (66.3 %), Soyang-In 16 (21.9 %), Soum-In (13.7 %), Taeyang-In (太陽人) 0. This was different from distribution of Donguisuseibowon (東醫壽世保元), Taeum-In (太陰人) 50%, Soyang-In (少陽人) 30 %, Soum-In (少陰人) 20 %, Taeyang-In (太陽人) little, this report shows that the number of Taeum-In (太陰人) is more than that of Donguisuseibowon and the number of Soum-In is less than that of Donguisuseibowon. 2. The average satisfaction of remedy was 60.3 %, Taeum-In's satisfaction was 66.0 %, Soum-In's satisfaction was 56.3 %, Soyang-In's satisfaction was 60.0 %. 3. The effective herb medicines were as follows, Soyang-In used the Hyong Bang Ji Hwang Tang (荊防地黃湯), Yuk Mi Ji Hwang Tang (六味地黃樓), Soum-In used the Sib Yi Mi Goan Jung Tang (十二味寬中湯), Taeum-In used the Chung Sim Yon Ja Tang (淸心蓮子陽), Chung Pae Sa Gan Tang (淸師爾肝湯), Yeol Da Han So Tang (熱多寒少湯). 4. The period of remedy was about 6 weeks. The period of remedy of each types was as follows, Taeum-In was about 5.7 weeks, Soum-In was about 6.8 weeks, Soyang-In was about 4.2 weeks. 5. The method of Lumbago remedy is divided three types, sprain Lumbago, Pyobyong (表病 : outside Syndromes) Libyong (裡病 : inside symdromes). Soum-In's methods are Pyobyong's ascending the Yang (陽), adding the Gi (氣) [升陽益氣], and Libyong's descending the inside Yim (裡陰) [裡陰降氣], Soyang-In's methods are Pyobyongs's decending the outside-Yim [表陰降氣], and Libyong's ascending the cool Yang (濟陽) [淸陽上升]. Taeum-In's methods are Pyobyong's ascending the Lung's Yang (肺陽升氣), and Libyong's colding the dried hot liver (淸肝燥熱). Taeyang's methods are strong the liver and making Yim. (補r肝生陰) 6. There are two methods for using the YakChim (Korean herb-acupuncture) by Sasang constitution medicine, one is to select the Yakchim, the other is to choice the point for appling the Yakchim. The first, to select the Yakchim, the other is follows; Soum-In can select the bee Venom, Soyang-In can select the H.O. (Hong Whoa 紅花), Taeum-In can select the I (Hodo 胡挑), V, O.K. (Ungdarn, 薦膽), Uwhang 牛黃, Sa-Hyang 麝香, etc., Palgang Yakchim (eight principles Korean herb-acupuncture (八剛藥鐵)) could made by abstracted Sasang herb medicine. The second, to choice the points for applying the Yakchim are used in the TaeGiuk Acupuncture method (太梗針法), Sacho (四焦, four warmer) by Sasang constritutional physiology and pathology.

• The Journal of Korean Medicine
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• v.27 no.2 s.66
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• pp.23-35
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• 2006

Objectives : This study examined the reliability of disease mechanism diagnosis, to evaluate items of questionnaires and inquire about the relationships between disease mechanisms and 'diagnosis program' questionnaires used for the objective diagnosis of Oriental medicine in the department of Oriental OB&GYN, Oriental Medical Hospital of Dongeui University. Method : We analyzed the results of questionnaires from 3504 outpatients of OB&GYN disease at the Oriental Medical Hospital of Dongeui University from April 2000 to April 2005. Results & Conclusions : 1. The research questionnaire had 188 questions, the summary questionnaire 137, and the diagnosis questionnaire 80. 2. The reliability of all questionnaires shows above 90% in deficiency of qi, deficiency of Yin, insufficiency of Yang coldness heat syndrome liver and spleen kidney in all, 8 case disease mechanisms. These are higher in the diagnosis questionnaires than in the research questionnaires and the summary questionnaires, except for kidney disease mechanism. 3. Cronbach a of the questionnaires decreased, especially blood deficiency, phlegm, heat syndrome, and insufficiency of Yang; these 4 case disease mechanisms were lower than 0.6. 4. For degree of correspondence of meeting points, both. the diagnosis and the summary questionnaires were above 80% with the exception of the 2 case disease mechanisms heart and blood deficiency. The meeting points of both the diagnosis and research questionnaires were above 80% in the to case disease mechanisms deficiency of qi blood stasis deficiency of Yim insufficiency of Yang damp dryness liver spleen kidney phlegm. 5. The change in the result values of questionnaires was a decreased level of deficiency of qi heat syndrome phlegm damp kidney and raised level of coldness heart disorder of qi dryness 6. The computation degree of disease mechanism in DSOM(r) D.1.1 was much lower on phlegm deficiency of qi heat syndrome disorder of blood, somewhat lower on insufficiency of Yang and higher on coldness than in the two different questionnaires.

• The Journal of the Society of Korean Medicine Diagnostics
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• v.9 no.2
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• pp.94-109
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• 2005

Objectives: This paper investigated the effects of 8 Constitution Acupuncture on Heart Rate Variability(HRV) and is intended to find out 8 Constitutional difference on Autonomous Function after 8 Constitution Acupuncture stimulation. Methods: The subjects were comprised of 42 volunteers(11 men and 31 women). The volunteers had acupunctured by 8 Constitution Acupuncture Therapy. HRV and Mean Heart Rate(MHR) were measured by TAS9v2.0(IEMBIO & Saerom, Korea) on two times: before and immediately after acupuncture stimulation. The SPSS 13.0 for windows was used for statistical analysis: Mann-Whitney U-test, Paired Samples T -test and Wilcoxon signed rank test were used to verify the results. Results: 1. There was no statistically significant difference on HRV and MHR between Sympathicotonia and Vagotonia before acupuncture. 2. In the whole subject, immediately after acupuncture stimulation, MHR showed a significant decrease(p<0.01) and Ln(TP), Ln(LF) and Ln(HF) showed a significant increase(p<0.05). But there was no significant difference in LHR. 3. Immediately after acupuncture stimulation, MHR showed a significant decrease and Ln(TP), Ln(HF), showed a significant increase in Pulmotonia(p<0.05), Ln(TP) showed a significant increase in Pancretonia(p<0.05),MHR showed a significant decrease and Ln(TP) showed a significant increase in Hepatonia(p<0.05), and MHR showed a significant decrease and Ln(TP), Ln(HF), showed a significant increase in cholecystonia(p<0.05). But there were no significant difference on HRV and MHR in Colonotonia and vesicotonia. Conclusion: The results suggest that 8 Constitution Acupuncture is associated with changed activity in sympathetic and parasympathetic nervous system. Further study is needed for investigating the effects of 8 Constitution Acupuncture on HRV and autonomic nervous system.