• Journal of Korean Academy of Nursing Administration
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• v.4 no.2
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• pp.321-349
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• 1998

Since 1990 the effort for unification has been active in each department of our society. But the study for health policy in Unified Korea has been scarce. Unified Korea should be a democracy and a constitutional state. So we should have lively discussion on the health law as well as unified general laws. The purpose of this study is to compare the health law of South Korea and North Korea and to understand the differences in them. We guess both Korea are considerably different each other. But this study found out that there are many health related laws that have same goals and contents. The reason for this is that both health laws have its root in Korea Law. And the right to health is the social basic right. whose characteristic can not be compatible with market economy and demands state intervention for securing the right to health. The health related laws are divided into 4 fileds. 1. There is a field A which is affected by unified political and economic system and differs little from the law system: the license system of medical personnel. 2. There is a field B which is seldom affected by unified political and economic system and differs little from the law system: the right and duty of medical personnel. quarantine law. 3. There is a field C which is affected by unified political and economic system and differs greatly from the law system: health institution law(exclusive of quarantine law), the laws of medical personnel category, of research center(especially per-mission, registration and establishment). of the role of basic health in private and public area. 4. There is a field D which is seldom affected by unified political and economic system and differs greatly from the law system: health equipment law(the laws of drugs, of cosmetics and of medical instrument. of blood management). the laws of health knowledge. of cooperation in chinese medicine and western medicine. the health promotion law. the rules of first-aid. the law of separation of dispensary from medical practice. The laws which are seldom affected by political and economic system can be consolidated. which in turn can be revised and enacted before unification of Korea through the interchange between North Korea and South Korea and the support to North Korea health system.

• Safety and Health at Work
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• v.9 no.4
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• pp.365-371
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• 2018

This article addresses three key issues. First, the commonalities, differences, strengths, and limitations of existing occupational safety and health (OSH) legislation of low- and middle-income countries were determined. Second, required revisions were identified and discussed to strengthen the laws in accordance with the best international practice. Finally, proposals for additional OSH laws and interventions were suggested. A literature search of OSH laws of 10 selected low- and middle-income countries was carried out. The laws were subjected to uniform review criteria. Although the agricultural sector employs more than 70% of the population, most of the reviewed countries lack OSH legislation on the sector. Existing OSH laws are gender insensitive, fragmented among various government departments, insufficient, outdated, and nondeterrent to perpetrators and lack incentives for compliance. Conclusively, the legal frameworks require reformation and harmonization for the collective benefit to employees, employers, and regulatory authorities. New OSH legislation for the agricultural sector is required.

• Korean Journal of Health Education and Promotion
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• v.20 no.1
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• pp.61-76
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• 2003

As people get broader access to health information through the internet, there is a greater need for measure to maximize the social advantages of the internet and to minimize negative side-effects. With this concern, this paper classifies internet health information services sites into : on-line supply of health information, on-line consultation, on-line diagnosis, and on-line sales. As well this paper analyzes domestic laws supporting and/or regulating these services. The efficient provision of internet health services requires comprehensive laws on individual privacy protection, prevention and handling of medical accidents, an electronic prescription form for internet diagnosis, electronic signing, payment for medical expenses, qualifications for internet medical practitioners. Additional laws are required to establish internet pharmacies and internet health goods stores. These new laws can be prepared either separately or through revision of existing laws governing medical practice, pharmacies, and public health promotion. However, as the legal control by the government on cyber processes and entities has a fairly minimal effect, consumers should be encouraged to improve their own capacity for wisely using internet health services and health-service providers should be encouraged to promote voluntary supervision and control of their own services and practices.

• Journal of Society of Preventive Korean Medicine
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• v.18 no.3
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• pp.91-104
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• 2014

Objective : This study aims to compare the scope of practice of Korean Medicine doctors and western medicine doctors based on laws related to medical practice Method : We searched for laws related to medical practice using terminologies such as "Korean Medical practice", "Korean Medicine", "Principles of Korean Medicine", "western medicine", "Korean Medicine doctor", "western medicine doctor" at the national law information center(http://law.go.kr/main.html). Results : We categorized the laws we found into four categories: diagnosis, treatment, prescription, and all the other areas including public health. In diagnosis, both Korean Medicine doctors and western medicine doctors have a right to issue medical certificates including birth and death. However, diagnosis of a few specific diseases is allowed only to western medicine doctors. In treatment, laws related to emergency medicine and nursing at home were searched. Korean Medicine doctors and western medicine doctors are emergency care providers; however, most of emergency medicine can be done by western medicine doctors. In prescription, the scope of practice is divided by herbal medicine and western medicine. Finally, as public health professionals, both of them need to do lots of public health works. However, in some area such as vaccination, maternal and child health care, and industrial health, only western medicine doctors can practice. Conclusion : This study suggests that, in diagnosis, treatment, prescription, and all the other areas including public health, the scope of practice of Korean Medicine doctors and western medicine doctors has huge difference. There is also lack of consistency in current law, and some laws do not reflect current health care system and health care services.

• The Korean Society of Law and Medicine
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• v.11 no.1
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• pp.271-296
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• 2010

Objective: Poisonous Medicinal herbs can be considered as a risk factor to public health unless they are prescribed by Doctor of traditional Korean medicine. The proper method to manage them should be prepared to prevent risk factors caused by misuse and abuse of the poisonous medicinal herbs and enhance public health. Methods: In this dissertation (paper), the definition, scope, management status, data about pharmacology and toxicity and media release regarding adverse reaction were understood after organizing documents, laws and regulations concerning poisonous medicinal herbs. Also, management methods are suggested by analyzing related examples and regulations in China, Japan and Hong Kong, where the use of herbal medicine is general. Results: Methods for items for poisonous medicinal herbs, safety information management, management based on standardization of traditional processing methodology and reorganization and revision of related laws and regulations are established. Conclusion: Proper laws and regulations are not yet established to manage poisonous medicinal herbs in Korea. In this regard, it is urgent to establish laws and regulations which can apply independently. The purpose of the laws and regulations should be to enhance management of poisonous medicinal herbs and prevent incidence of addiction and death, improving the public health.

• The Korean Journal of Health Service Management
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• v.2 no.1
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• pp.155-165
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• 2008

This study is aims finding out characteristics and change levels of medical advertizing between before and after revised medical laws. We investigated to medical advertizing of 3 major newspaper(Josen, Joongang, Donga) to achieve study purpose. After revised medical laws, major change is seen below. 1. Increase rates of medical advertizing was 65.5%. Specially, increase rates of medical advertizing by each department were differently each department; Dermatology was 450%, dentist's clinic was 342%, orthopedic surgery was 171%, and plastic surgery was 133%. In spite of increasing trends of most departments, urology decreased to 50% than before revised medical laws. 2. Of types of medical advertizing, Question and Answer type increased to 230% than before. Illegal level of medical advertizing was 10.4%. 3. The contents of medical advertizing were hospital location, photograph before and after treatments, and carrier, name and introduction of medical staffs. 4. The size of medical advertizing increased 1.73 column then before. The size of medical advertizing in clinics was shown statistically increase than hospital level. With above results, it is cleared that increase rates and trends of medical advertizing are more increased and complicated before revised medical laws. We try to be better situations for patients to get more exactly information and facts.

• Health Policy and Management
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• v.25 no.3
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• pp.174-184
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• 2015

This paper reviewed structure and current status of laws related to patient safety using patient safety law matrix to promote systematic approach in legal system of patient safety. Laws related to patient safety can be divided into three areas: laws for preventing; laws for knowing about; and laws for responding. In the case of Korea, gaps are especially prominent in the areas of laws for knowing about and responding. Patient safety law which will be enacted in July 2016 will fill the gap in the area of laws for knowing about. This law will be comprehensive law, covering the full spectrum of laws related to patient safety. However, after reviewing current patient safety law in Korea, the following drawbacks were identified: absence of code for grasping the current patient safety level; absence of code for mandatory reporting in patient safety reporting system; and absence of code for privilege about patient safety work product. Furthermore we need wider discussions about covering issues of open disclosure, apology law, coroners system, and complaint management system in patient safety law.

• Journal of the Korean Society of School Health
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• v.35 no.3
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• pp.84-91
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• 2022

Purpose: This study aimed to identify the problems and improvement areas by reviewing the laws related to kindergarden healthcare workers. Methods: The laws were searched at the Korean law information center (https://www.law.go.kr/). We reviewed the 「Early Childhood Education Act」, 「School Health Act」, 「Medical Service Act」, 「Elementary and Secondary Education Act」and their enforcement decrees and rules. Results: The legal role of health teachers as school healthcare professionals was comprehensively specified by the 「School Health Act. However, the qualifications for and roles of health teachers were not fully described in 「Early Childhood Education Act], indicating a unclear legal basis for the qualifications for and roles of kindergarten health teachers. To support healthcare workers in kindergartens, it is necessary to amend the 「Early Childhood Education Act」 that provides the guidelines for qualifications for kindergarten health teachers in elementary, secondary, and special schools who have completed necessary continuing education. A health hub kindergarten could be a step-by-step option for all kindergartens to have healthcare workers. Conclusion: This review demonstrated the importance of amending the laws on kindergarten health teachers and health hub kindergartens for child health and safety. These findings could be used to support policies related to kindergarten healthcare workers.

• Health Policy and Management
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• v.30 no.2
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• pp.142-150
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• 2020

The purpose of this study is to analyze the long-term plans of the central and local governments in order to plan policy and implementing programs. Through this, the governments is find out to reduce administrative burden. Based on the national health plan, evidence and related laws were collected and analyzed. As a quantitative methodology analyzed the contents of related laws in the overall plan. The qualitative methodologies analyzed and categorized the planning status of cities and provinces in the plan and were collated. There are a total of 39 plans for long-term plans by laws. The role of the central and local governments in the public health sector, there are a total of four plans (10.3%) that need to establish long-term and annual plans for the central and local (cities, provinces) government. A total of seven plans (17.9%) were required to establish a plan by the only local government. In terms of the public health sector on the local governments, 20 plans (51.3%) by cities and 12 plans (30.8%) by provinces were established by law. And in the health sector should be established 9 plans (40.9%) by cities and 7 plans (31.8%) by provinces. The plan needs to be reformed and merged between plans so that governments can focus on the program through planning central government policies, reducing local government administration.

• Journal of Society of Preventive Korean Medicine
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• v.27 no.3
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• pp.13-24
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• 2023

Objective : This study was aimed to reassess the scope of practice for medical personnel based on laws. Method : The law specifying the scope of practice for medical personnel has been selected searching Korean Law Information Center(https://www.law.gov.kr). The result was categorized as 'examination, diagnosis, treatment, procedure, prescription, and others'. Results : The laws related to medical procedures were divided into three categories: diagnosis, treatments, and public health and others. In the field of diagnosis, traditional Korean medicine practitioners are generally allowed to play a role. However, some laws specify that only medical doctors can be the primary authorities for diagnosing infectious diseases. In the area of treatments, particularly in emergency medical situations, only medical doctors or nurses are typically mentioned. There are debates in the field of public health and other areas concerning issues such as vaccination, disability diagnosis, and the qualifications for health center directors. A reevaluation is also needed for the Occupational Safety and Health Act, where only medical doctors are set as the personnel standard for workers' health examinations. Conclusion : To safeguard and promote the health of the citizens, there is a need for a clear definition of the licensure and scope of practice for healthcare professionals. Consistent interpretation of conflicting provisions among various laws and clear criteria for the term 'physician' in legal contexts are essential.