• 대한한의학원전학회지
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• 제35권3호
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• pp.33-40
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• 2022

Objectives : This paper analyzes medical contents of the Jukgyopyeonlam(Handbook of Jukgyo) which was written in 1849 by Han Seokhyo, a resident of Neungju, Jeolla-do. Methods : The author, bibliography, organization, cited literature, and content of the book were investigated. Results : 1. The author, Han, Seokhyo was not a doctor by trade, but rather a Confucian doctor. 2. The purpose of this book is to prepare non-medical personnel for emergencies. 3. While the book's organization follows those of existing books, the author's originality can be found among medical contents of the Jukgyopyeonlam. Conclusions : It can be understood that the medicinal contents of the Jukgyopyeonlam was written based on knowledge accumulated through numerous years of local clinical and medicinal experience in order for Confucian doctors in the countryside of Jeolla-do in the mid-19th century to be able to prepare for cases of emergency.

• 의료법학
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• 제9권2호
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• pp.231-267
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• 2008

Tobacco has become the world's leading cause of deaths and diseases. And !be tobacco use and dependence itself is a kind of diseases, so-called "mental and be-havioural disorders due to use of tobacco" in "International Statistical Classification of Diseases and Related Health Problems(ICD-10)" and "Korean Standard Classification of Diseases". The tobacco use and dependence is a chronic disease that requires repeated clinical interventions and multiple attempts to quit. But effective treatments to the tobacco use and dependence are developed and exist that can significantly increase the rate of long-tenn smoking abstinence. So the physicians should warn smoking patients about the dangers of smoking to the health and the life, and the clinicians ought to provide one of more of the treatments which have been proven effective in helping smokers quit to smoke. It has been concluded that if a doctor failed to provide effective treatment for smokers, and the smokers subsequently died of the smokers-related conditions(tobaccosis) or became incapacitated by the tobaccosis the smokers were considered in the medical malpractice. Thus the smokers could sue the physician for medical malpractice, claiming that the doctor's legal responsibility of appropriate treatments including smoking-cessation which the physician deliberately or negligently breached.

• 대한예방한의학회지
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• 제21권2호
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• pp.45-53
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• 2017

Background and Aim : Lately the age of competition has come among the medical service area. At the same time disputes over the medical practice related to the medical person's territory tend to increase. In part it is due to the increased medical persons but in part it is because the medical practice is not defined clearly in the Medical Service Act for the practice of each medical person. So the legal definition of medical practice will be discussed here. Materials and Method : The cases from the court have been confirmed the difference between the two medical persons regarding the actual events. Legal aspects of medical practice in Korean medicine and the related cases will be reviewed and analysed. Results : The form of medical practice consists of administrating Korean medicine treatment and providing guidance for health based on Korean medicine. For medical doctors the practice includes medical treatment and guidance for health. Circular definition in the Medical Service Act over the medical practice, medical person and medical instruments makes it difficult to understand the whole idea. Therefore, the court has a tendency to decide the medical practice of medical doctor of Korean medicine from the some reliable points which is: 1) it is based on the principle of traditional Korean Medicine, 2) it is practiced by the medical doctor of Korean Medicine, 3) it can do harm to the patient without proper involvement of the medical doctor of Korean Medicine. Now the Act on the promotion of Korean Medicine and Pharmaceuticals makes it include the concept of "scientifically applied and developed" medical practice of Korean Medicine. Conclusions : With the essential change in the Act on the promotion of Korean Medicine and Pharmaceuticals, it is expected that even slight change can be seen in the court cases. However, still the concept of medical practice in the Medical Service Act remains the same. Modernisation of Korean Medicine, enhancement of textbooks and clinical practice training and the effort to amend the law to clearly define the medical practice of Korean Medicine will contribute to the clinical and academic environment. Evidence based Korean Medicine and even the unification of east-west medicine could be considered for the situation.

• 한국병원경영학회지
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• 제9권3호
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• pp.1-17
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• 2004

This study is aimed to assess the general population's attitude toward the continuity of medical care and its related factors. Self administered questionnaire was performed on the 1,120 office workers in the C city, Gang-won province. The questionnaire included the attitude of the continuity of medical institute, the intention of medical service use on a given case, and the variables of the related factors. 58.8% of the total respondents agreed to sustaining treatment without changing medical institutes; on the other hand, 41.2% showed negative attitude. In case that a patient would gain a recommendation of a surgery, hospitalization, or a specific examination, the total respondents' 84.9%, 61.8%, and 50.8% of each recommended situation said that they would visit another doctor and gain a diagnosis. As a result of multiple logistic analysis of determinant factor on continuity, reliability of doctors was statistically significant factor. In order to reduce wastefully used medical resources and offer well-qualified medical service, a system of second opinion among peer group or beforehand agreement could be possibly adopted. In addition, improving the image and reliability of a doctor could be an important factor to make better the behavior of medical service shopping; therefore, an effort to improve the relationship between a doctor and a patient, and restore the reliability of doctors should be paralleled.

• 혜화의학회지
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• 제19권2호
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• pp.13-24
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• 2011

The medical profession has the problem of lack of bioethics, due to the expansion of capitalism and mannerism after modernization. Therefore, the need of education of bioethics is increasing, however, the cramming system of education is insufficient for promoting personal morals. So the author studied ancient and present bioethics and searched for the cause of current bioethics absence and the method of overcoming it. Especially, studying the vocational features of oriental medical doctor as profession and the problems of education of bioethics in oriental medical college, the author searched for the directions of educations of bioethics. The conclusions are as follows. The current medical profession have ethical problems because of social moral hazard, evils of capitalism, change of doctor-patient relationship due to expansion of consumerism, limitation of autonomy due to commercialize of hospitals, decrease of knowledge monopolism of professionals, moral indifference and frailty, and a missdeed preference. The education of bioethics needs "Rest's 4 components" but the current education of bioethics in oriental medicine college lacks of time and is composed of the cramming system of education. So it needs various types of education system. Morals are subjective and discretionary personal character. Therefore, informational education is insufficient for enhancing morals and complex education for various personal attainments (various social indirect experience, philosophical speculation, mental serenity) is needed. It has to be done on the basis of educational method by experience not lecture, long term expectation, and basic understanding of bioethics.

• 대한예방의학회:학술대회논문집
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• 대한예방의학회 1996년도 제48차 추계 학술대회 연제집
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• pp.377-378
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• 1996

• 동의생리병리학회지
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• 제26권4호
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• pp.409-417
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• 2012

External pathogens such as wind, cold can easily invade the external parts of the body when host's external defense ability is not secure. Herein, we consider the underlying mechanisms against the external contraction at the body surface. During the early period after primary invasion, external defense mechanisms are gradually activated. The classic clinical manifestations are aversion to cold, fever, headache, generalized pain, and nasal congestion. This condition is called by invasion of external pathogen into the body surface. As the disease progress, lung qi is stagnated and thereby up-outward and downward movement action of lung become disturbed. Therefore, when doctor administrate formula to treat the exterior syndrome, doctor must keep in mind not only materia medica, but also underlying mechanisms through which many clinical symptoms appear.

• 대한예방의학회:학술대회논문집
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• 대한예방의학회 2001년도 제53차 추계 학술대회 연제집
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• pp.300-301
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• 2001

• 의료법학
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• 제10권2호
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• pp.115-150
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• 2009

The Article 17 (1) of the Medical Service Act states that no one but medical doctor, dentist or herb doctor shall prepare medical certificate, post-mortem examination, certificate or prescription. Though medical certificate, post-mortem examination or certificate is a private document issued by doctor personally, it is accepted as reliable as public document. Therefore, for medical certificate, post-mortem examination or certificate, unlike other private document to guarantee authenticipy of the content, the Article 233 of the Criminal Act states the Crime of Issuance of Falsified Medical Certificates. In other words, the Criminal Act Article 233 states that If a medical or herb doctor, dentist or midwife prepares false medical certificate, post-mortem examination or certificate life or death, one shall be punished by imprisonment or imprisonment without prison labor for not more than three years, suspension of qualifications for not more than seven years, or a fine not exceeding thirtht million won. The subject of the Crime of Issuance of Falsified Medical Certificates is only a medical or herb doctor, dentist or midwife and the eligibility requirements are specified in the Medical Service Act. Medical certificate is the medical document to be issued by medical doctor to certify the health status and show the Jugdement about the result of the diagnosis, Post-mortem examination is the document to be listed by medical doctor to confirm medically about human body or dead body, and Certificate life or death is a kind of medical certificate to verify the fact of birth or death, the cause of death, such as Birth Certificate, Certificate of Stillbirth or Certificate of Dead Fetus. To constitute the crime of Issuance of Falsified Medical Certificates, it is necessary for the contents of the certificate to be substantially contrary to the truth, as well as it is needed the subjective perception that the contents of the certificate are false. The Supreme Court Decision 2004DO3360 Delivered on March 23, 2006 declared that although the Defendant did not MRI scan, etc. for precise observation about the disability status of Mr Park, it was difficult to believe that the contents of the Disability Certificate of this case were contrary to the objective truth or the defendant had perception that the contents of the certificate were false. I don't agree with the Supreme Court Decision, because the Supreme Court confirmed the decision by the court below despite the Supreme Court should have made the court below retry the reason why the Defendant did not MRI scan, etc. for precise observation about the disability status of Mr Park.

• 의료법학
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• 제24권3호
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• pp.27-55
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• 2023

우리나라에서 통상 사용하는 협진의 의미는 동일한 의료기관 내에서 서로 다른 진료과목의 의사가 환자를 함께 치료하는 경우로 이해된다. 그렇기 때문에 협진은 다양한 의료관여자들이 각자의 전문성에 의거하여 역할을 분담하여 환자를 치료하는 의료팀의 양상을 띠게 된다. 또한 의료팀 내 다른 진료과목의 의사는 동등한 지위에서 각각 전문성에 의거하여 수평적 분업을 하게 되므로 협진은 분업의 원칙에 따라 법적 책임이 분배된다. 대법원도 "여러 명의 의사가 분업이나 협업을 통하여 의료행위를 담당하는 경우 먼저 환자를 담당했던 의사는 이후 환자를 담당할 의사에게 환자의 상태를 정확하게 알려 적절한 조치를 할 수 있도록 해야 한다."고 하여 의료팀을 이루어 환자를 함께 치료하는 경우를 인정하고, 의사의 협진의무에 대하여 판단하고 있다. 다수의 진료과목이 있는 의료기관 내에서 서로 다른 진료과목의 의사가 분업이나 협업을 통하여 의료행위를 담당하게 되는 협진의 경우, 환자를 담당했던 의사는 환자의 상태에 따라 협진 여부를 결정하여야 하며, 이후 환자를 담당할 진료과목의 의사에게 환자의 상태를 정확하게 알려 적절한 조치를 취하게 하여야 한다. 협진을 하게 된 후임 의사 또한 환자에 대한 치료 종료 시까지 협진을 요청했던 전임 의사에 대하여 환자의 상태와 관련된 치료사항을 적극적으로 고지하고 서로 소견을 교환하여야 할 것이다. 다만 협진의 필요성에 대한 결정은 당시 환자의 상태에 따라 판단이 이루어져야 하는 것으로, 모든 경우에 협진의무가 강제되는 것이라고 단언할 수는 없다. 그리고 협진의 필요성에 대한 결정에 있어서 과실이 존재하는지 여부는 의사의 주의의무 판단에 대한 법리가 적용될 것이다.