• Journal of Korean society of Dental Hygiene
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• v.19 no.2
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• pp.207-219
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• 2019

Objectives: This study investigates the dental hygienist's main duties in clinical dental practice and examine whether dental hygienists can safely perform each duty by referring to the educational contents of dental hygiene departments and national examinations of dental hygienists. Methods: A questionnaire on the main duties of dental hygienists was administered to 477 clinical dental hygienists working at dental clinics and hospitals, general dental hospitals, and university dental hospitals in Seoul, Gyeonggi-do, and Incheon. We divide the dental hygienists' clinical dental hygiene practice and clinical dental assist and analyze the legal scope of practice, university educational contents, and national examination contents. Statistical analysis was performed through frequency analysis, and multi-frequency data were analyzed using Excel 2013. Results: All 48 items (except 2 items of 29 dental hygiene practice and 21 assist practice items) surveyed were covered in the National Examination for Dental Hygienists and included in the Dental Hygiene Education Learning Objective. The multi-frequency clinical dental practice of eight items of clinical dental hygiene practice and two assist practice items were within the legal scope of the dental hygienist's role. Conclusions: Further discussions are needed to redefine the legal scope of the role of the dental hygienist.

• Journal of the Korean Institute of Navigation
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• v.16 no.2
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• pp.29-39
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• 1992

According to newly revised Korean Commercial Law, 1991, several amendments on the maritime liens as a special legislative rights duly performed so as to make an equity with mortgates of the ship. Consequently, it is also noteworthy that claimants of the maritime lien should know how to secure their legal rights on the ship. Such a legal practice is performing in accordance with the doctrine and principles of the law of forciable excution without court order. This paper, therefore, intends to study specific legal practice for exercising legal rights on the ship by due process of law.

• The Korean Society of Law and Medicine
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• v.11 no.2
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• pp.75-112
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• 2010

This article analyses the concept of medicine in the legal context. It is not easy to define the concept of medicine because medical practice has various dimensions and the situation in which the practice is performed has a broad variety. The duty of medical law is to build the boundary of protection in that the nature of medicine would not be distorted by the factors of social systems like industry or governmental authorities. Without understanding the various dimensions - especially the dimension of Humanities and Sociology - of the medicine it is not possible to draw the limit on the performance of medicine appropriately. Concerning the medical practice (especially in the context of the regulation of medical licence), the enacted law (Medical Act) defines the concept just for form's sake and it finally depends on the interpretation of the legal enforcement authorities. Moreover, between the judgments of the courts there exists no coherent principles for the regulation and the interpretation of the Medical Act depends often on the riskiness, the abstract concept, which finally leads the interpretation to depend on the subject of the practice. On the contrary, the development and scientific movement of the technology tends to tighten the range of the medical professionals of medical practice and the perspectives of the medicine. Medical act is actually oriented at the patient's understanding of him- or herself. The above-mentioned tendency of the interpretation and the legal policy could lead the medicine away from its nature.

• The Korean Society of Law and Medicine
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• v.9 no.2
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• pp.181-207
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• 2008

With recent emphasis on evidence based medicine, clinical practice guidelines are seen as a potential mechanism by which unify various managerial and professional approaches to improving the quality of care. The development process of guidelines has been the subject of much research. and it is need translating the medical evidence of research into a clinical practice guidelines. the gathered evidence needs to be interpreted into a clinical, public health, policy, or payment context. The term 'clinical practice guidelines' can evoke a diverse range of responses from healthcare personnel. Clinical practice guidelines are increasingly used in patient management but some clinicians are not familiar with their origin or appropriate applications. Understanding the limitations as well as benefits of CPG could enable clinicians to have clearer view of the place of guidelines in every practice. In the context of increasing complaints and litigation in healthcare, the legal implications of clinical practice guidelines are of increasing importance. Clinical practice guidelines could, in theory, influence the manner in which the courts establish negligence by suggesting the doctor breached the duty of care by failing to provide the required standard of medical care. In several studies, the CPGs were relevent to and played a pivotal role in the proof of negligence. Much depends on the quality of guidelines and the tools developed and the authoritativeness of a guideline. Recently, there are several opinions the court also should review the validity and reliability of expert testimony including medical evidence. and widespread use of guidelines in malpractice lawsuit could lead the physicians to greater compliance with guidelines in the long term. In conclusion, Health care reformers, physicians as well as guidelines developers should understand that guidelines have both medical and legal aspects as a double-edges sword. so clinicians, legal representatives and decision-makers should not defer unduly to guidelines.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.285-316
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• 2014

As the number of medical disputes regarding nurses has increased after medical disputes have increase, there is a need for a study on it. However, the legal relationship between nurses and patients has not yet been analyzed. Recently, the role and function of nurses are expanded according to the development of the science of nursing; moreover their activity and limitation of responsibility are also expanded. For this reason, the medical disputes regarding nurses have been increasing. However, the majority of these kind of dispute are just passed over because their practice is usually considered to be a mere action to assist doctor's role. In addition, nurse practice is not a secondary action of doctor's role, but forms part of a medical treatment. Of course, nurses handle many secondary tasks after doctors finish their medical treatment. But this is only part of the whole tasks of nurses. Furthermore, the general details of their medical treatment are not different from those of doctors because they also belong to the medical service personnel. Considering these features of nurse and the medical condition in South Korea, their task is becoming increasingly developed and specialized and they are also establishing their own field. With this stream of times, there is a growing interest in enacting a Nursing Practice Act, in other words, the independent law on nurse for the sake of patient safety and national health promotion. Then, their responsibility will distinctly be expanded as much more. That is, the time that nurses practice their medical care by following doctors' order and also pass over their responsibility to doctors is closed. Thus, this study examines the features and responsibilities of nursing practice, and discusses an institutional framework to efficiently cope with the legal disputes between nurses and patients. It aims to throw light on the decision making on nurse-patient disputes in future.

• Journal of dental hygiene science
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• v.20 no.4
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• pp.230-244
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• 2020

Background: The objective of the present study was to specifically divide the various work performed by dental hygienists in clinical practice for legal amendments regarding problems associated with conflict between job roles and illegal delegation to establish key basic data for legislation and policy utilization for realization of legal scope of dental hygienists. Methods: The study used work reports drafted based on research methods in the "Second Job Analysis Report on Dental Hygienists" researched by the Korean Health Personnel Licensing Examination Institute in 2012 and "Opinions of Dentists on Actual and Legal Work of Dental Hygienists," a report published by the Korean Dental Hygienists Association. Of these, the study focused on conservation dentistry, pediatric dentistry, prosthodontics, oral and maxillofacial surgery, and dental implant treatment, which make up some of the fields covered by dental hygiene practice, to investigate and analyzed work performed by clinical experience. Results: Analysis of work actually performed in dental practice showed that for work related to 33 items presented in the study methods, the participants responded that they are currently performing such work or are likely to perform such work in the future, although there were differences by year. Investigation by type of workplace showed that dental hygienists working in university hospitals could perform the work presented if they had ≥5 years of dental hygienist experience, whereas dental hygienists working in dental clinics or hospitals could perform simple duties in their first year and performed more diverse duties with greater degree of difficulty after their second to fourth year. Conclusion: The reality that medical assistance during surgical operations and various procedures that is still being performed is no longer legally protected directly contradicts the needs in dental practice, and thus, there is the need to amend laws that are realistic by clearly recognizing the work of dental hygienists.

• The Korean Society of Law and Medicine
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• v.23 no.3
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• pp.117-137
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• 2022

Today, the medical system is changing into a comprehensive health care system in which collaborative relationships between medical professionals and non-medical personnels in neighboring occupational areas. The current medical act brands such "collaboration" as unlicensed medical practice, and punishes non-medical personnel who acted in the risk management of doctors as well as doctors collaborated with non-medical personnel as unlicensed medical practice. In order to narrow the gap between the legal system that regulates unlicensed medical practices and the medical reality, it is necessary to overcome the structural limitations of dualistic, nationalistic, and identity-oriented regulation of unlicensed medical practices. The legal interests of unlicensed medical practice have a dual nature as a personal legal interest of "human life and body" as well as a national legal interest of "maintenance and protection of the nation's medical license system", and it should be noted that the criteria for judging the legal interests protected by the regulations of criminal punishment should be found in "personal legal interest theory." In addition, when determining which behavior is a medical practice and evaluating its risk, the dimension of behavior and measures should be considered in a fair manner without being biased against the subject (identity) of the action. In other words, judging unlicensed medical practice should depend on whether the risk of side effects that may result from the act is reasonably managed. Considering the prospect of therapeutic dialogue between medical professionals and patients, it would be desirable for medical law policies to move in a way that does not fundamentally block the possibility of collaboration among pluralistic medical personalities.

• Journal of the Korea Safety Management & Science
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• v.9 no.1
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• pp.51-63
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• 2007

It is noted that the disaster such as fire, explosion, collapse has been rapidly increased caused by strength deterioration of steel structures at petrochemical plant during fire. In this regard, it is stressed out that the legal requirement for fire proofing for steel structures at petrochemical plant should be carefully reviewed since the current legal requirement such as Industrial Safety & Health Law, Architectural Law has a conflict and different way of approach. In addition, it is our point of view that the present law should be revised to consolidate into single law including engineering design criteria to reflect unreasonable legal requirement. It is further our point of view that the performance certificate for fire proofing like UL-1709, basis of maintenance should be appropriately and reasonably provided in line with global practice.

• The Korean Society of Law and Medicine
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• v.23 no.2
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• pp.39-65
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• 2022

There are two aspects of clinical practice guidelines that act as non-legal control before medical practice and as legal control standards after medical practice. The essential purpose of clinical practice guidelines is the former, but the latter action cannot be excluded. The clinical practice guidelines are a means of linking law and medical care. The negative perception of clinical practice guidelines that medical professionals' autonomy can be violated by the enactment of clinical practice guidelines is an excessive negative evaluation of clinical practice guidelines. Rather, judicial judgment based on clinical practice guidelines plays a role in respecting the autonomy of medical professionals. In other words, the clinical practice guidelines suppress legal regulations on medical care as much as possible and are based on doctors' professional ethics and self-discipline, and patient awareness and cooperation. In order to establish an ideal relationship of cooperation between doctors and patients, 'medical ethics' must be incorporated as a legal means. Clinical practice guidelines are the most appropriate means for incorporating such medical ethics into legal procedures. The lawyer solves the case with a legal syllogism that establishes a norm and applies facts to it to conclude. For the resolution of medical disputes, Clinical practice guidelines are used to establish norms that doctors should perform for specific diseases, and conclusions are drawn by applying the established norms to specific medical practices. When it is not easy to apply the established norms to specific medical practices, medical judgments by experts, such as emotions, expert testimony, and explanations by expert members, are used. As such, the Law respects the autonomy of medical care even in the establishment of norms and the application of norms. In particular, Clinical practice guidelines prepared independently by the medical community are referred to in establishing norms, which are the prerequisites for legal syllogism. This shows that doctors participate in the formation of precedents and contribute to the formation of norms. The use of clinical practice guidelines in trials is respect and consideration for the autonomy of medical care. Although there may be an aspect in which the autonomy of individual doctors is limited by clinical practice guidelines, it should be considered that the autonomy of doctors as a group is respected. In this way, the clinical practice guidelines play a role in protecting the autonomy of the "medical" group from the logic of the "law."

• Journal of Korean Academy of Nursing Administration
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• v.12 no.4
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• pp.574-586
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• 2006

Purpose: This paper is intended to provide a clauses of scope of nursing practice with nursing act. Method: This was a planning study. The provision of scope of nursing practice is constructed through critical review of literatures and regulations. The validity of the legal definition was tested through expert and staffs in affiliates of Korean Nurses Association review. Result: 'Nursing is an activity that assesses and diagnoses the reaction of an individual, family, and community for health promotion and maintenance, illness prevention and rehabilitation and to provide intervention and evaluate the results. This practices are done through nursing knowledge and skills. The nursing practices include basic nursing services (general hygiene, environment and safety control, emotional and physical comfort, examination and surgery related care, systematic observation and reporting about patients, activity and organ function maintenance), practice of doctor's regimen, consulting and education to patients, reference, collaboration and management with other health personnel, public health activity by regulation. And nursing standards are set by a separate code. Conclusions: The result of this study can be used to offer for nursing act. So, This legal definition will be constantly discussed and extended to reflect actual nursing practice.