• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.31-60
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• 2014

In this paper the good Samaritan civil liability is argued. In many cases some damage could be caused by an emergency medical service. In such situations the degree of duty of care taken by the service provider would be alleviated depending upon the degree of emergency. Then the service provided by anyone not carrying any duty to do so could be generally ruled by the 'Korean Civil Act' Article 735. This article is related to the management of affairs in urgency. The application of this article means the mitigation of civil liability of the service provider. If the service provider not carrying any duty to provide it "has managed the affairs" of the service "in order to protect the" victim "against an imminent danger to the latter's life", the provider "shall not be liable for any damages caused thereby, unless he acted intentionally or with gross negligence". Korea has another rule applied in such a situation, that is the Korean 'Emergency Medical Service Act' Article 5-2. This article is established for the exemption from responsibility for well-intentioned emergency medical service. It could be referred to as the Good Samaritan law. It provides: "In cases where no intention or gross negligence is committed on the property damage and death or injury caused by giving any emergency medical service or first-aid treatment falling under any of the following subparagraphs to an emergency patient whose life is in jeopardy, the relevant actor shall not take the civil liability ${\cdots}$" In this paper the two articles is compared in the viewpoints of the requirements for and effects of the application of them respectively. The 'Korean Civil Act' Article 735 is relatively general rule against the the Korean 'Emergency Medical Service Act' Article 5-2 in the same circumstance. Therefore the former could be resorted to only if any situation could not satisfy the requisites for the application of the latter. In this paper it has suggested that the former article be more specific for the accuracy of making decision to apply it; and that the latter be revise in some requirements including the victim, the service provider, and the service.

• Journal of Preventive Medicine and Public Health
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• v.47 no.4
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• pp.206-215
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• 2014

Objectives: The hospital standardized mortality ratio (HSMR) has been widely used because it allows for robust risk adjustment using administrative data and is important for improving the quality of patient care. Methods: All inpatients discharged from hospitals with more than 700 beds (66 hospitals) in 2008 were eligible for inclusion. Using the claims data, 29 most responsible diagnosis (MRDx), accounting for 80% of all inpatient deaths among these hospitals, were identified, and inpatients with those MRDx were selected. The final study population included 703 571 inpatients including 27 718 (3.9% of all inpatients) in-hospital deaths. Using logistic regression, risk-adjusted models for predicting in-hospital mortality were created for each MRDx. The HSMR of individual hospitals was calculated for each MRDx using the model coefficients. The models included age, gender, income level, urgency of admission, diagnosis codes, disease-specific risk factors, and comorbidities. The Elixhauser comorbidity index was used to adjust for comorbidities. Results: For 26 out of 29 MRDx, the c-statistics of these mortality prediction models were higher than 0.8 indicating excellent discriminative power. The HSMR greatly varied across hospitals and disease groups. The academic status of the hospital was the only factor significantly associated with the HSMR. Conclusions: We found a large variation in HSMR among hospitals; therefore, efforts to reduce these variations including continuous monitoring and regular disclosure of the HSMR are required.

• Land and Housing Review
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• v.2 no.2
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• pp.101-109
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• 2011

Recently, the construction of U-City or of U-City service (U-service) in many kinds of urban development projects becomes the general trend. However, as the construction of U-city comes into the spotlight like the trend of the times, various service constructions are being indiscreetly implemented since it's processed focusing on local specialized projects or local landmark project by a local autonomous entity or an institute in charge being off the original purpose of the improvement of living quality of residents and the efficiency of urban management, which causes a number of problems on the process, maintenance, operation and management of those projects. Therefore, this study is to derive the standard pattern of U-service construction through the analysis of patterns and numbers of U-service and problems during the process of construction in domestic U-City construction case district, and is aimed to suggest the reasonable direction of service construction based on this. 11 projects areas in which data related to U-service are available among U-City construction project areas were selected for the subjects of this study, and it's standardized with 228 detailed unit services that were suggested by U-Eco City R&D and with 11 service domains that are regulated in "the Act of ubiquitous city construction etc.", and it is limited to services that were suggested in U-City case area of which design was completed by July, 2010 based on this. The actual state of various U-service construction is analyzed through case studies as well as reviews on the legal and theoretical concept and the method of pattern classification of U-service, the plan for the standardization (pattern classification) of U-service and the plan for the construction body of service and to share the costs are suggested as the plan to construct reasonable U-service based on this for the method and the procedure of this study For the method to construct U-service, the plan to classify the pattern of U-service into the basic service and additional service is suggested, and whether it has the publicity, whether urban infrastructure is included, whether utilities are included, the body of realization, the recipients, the urgency, the importance and the spreading, etc. are suggested for the index to determine the pattern of service. The method to get the executor of a project to construct the basic service, the method to get the executor of a project to construct the most basic service among the group classification of service and to get a private entity and a local autonomous entity to perform additional service in the future, and the method to construct the whole service and to distribute the construction costs were suggested, and the first one that determines the body of construction after dividing U-service into the basic service and the additional service was evaluated to be the most reasonable one. And the plan to solve the problem that the excessive construction costs of U-service are shifted onto the executor of a project through benefit principle, balanced distribution principle and consultation and mediation between the interested parties was suggested for the criteria to share the costs.