• Journal of The Korean Society of Clinical Toxicology
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• v.3 no.1
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• pp.1-10
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• 2005

Gastric lavage is now known to be ineffective, unnecessary or hazardous in some circumstances where it used to be performed as a routine. This article concerns the medico-legal aspect of forced gastric lavage. The Supreme Court 2005.1.28, 2003da14119 is the case where a patient, who ingested the organophosphate insecticide to attempt suicide and refused lavage. At first we discuss the effectiveness or hazards of lavage because a very high degree of proof -of negligence, not error of clinical judgment - would be required. Lavage, with or without the informed consent, performed negligently which result in harm could, of course, give rise to a claim in negligence. A doctor might also be held negligent in failing to perform an act which he/she had a duty to perform.

• Journal of Korean society of Dental Hygiene
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• v.7 no.4
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• pp.595-609
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• 2007

The purpose of this study was to classify the courses of the dental-hygiene curricula into several categories by field, to incorporate the subjects in the same category into an integrated course, and to suggest how to ensure the successful phase-in application of integrative education according to Ronald M. Harden's 11-stage integrative ladder model. The findings of the study were as follows: 1. When the existing curricula were analyzed, it's found that many credits were provided to the courses in the area of basic dentistry that offered both theory and practice. In particular, the subjects tested by the national examination were offered by every college. In the field of public oral health, the largest number of credits was allocated to theory of oral prophylaxis and practice courses. In clinical area, clinical practice, in the area of dental office management, dental insurance course was given the largest credit. There were 31 to 61 major subjects in the colleges, which indicated that the major subjects were segmented in detail. 2. It seemed necessary to incorporate the subjects in the field of basic dentistry into oral biology, and theory of oral prophylaxis/practice, preventive dentistry/practice, preclinical stage, emergency treatment and introduction to dental hygiene should be integrated in to clinical dental hygiene. The courses in clinical area should be combined into clinical dentistry, and in the field of medical management, dental insurance, hospital management and medical relation law should be incorporated into management of dental clinic. 3. In the 11-stage integrative ladder, the subjects in the same field could perfectly be incorporated as the stages advanced. Each of the subjects was less emphasized, and communication and joint plans among teachers who were respectively in charge of the courses were increasingly considered important. Specifically, there should be a consensus among the teachers in regard to the outline of teaching programs, order of education. objects and objectives of programs and what and how to evaluate.

• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.455-492
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• 2009

(Background) Recent biotechnological breakthroughs are shedding new lights on various ethical and legal issues about human biological material. Since Rudolph Virchow, a German pathologist, had founded the medical discipline of cellular pathology, issues centering around human biological materials began to draw attention. The issues involving human biological materials were revisited with more attention along with series concerns when the human genome map was finally completed. Recently, with researches on human genes and bioengineering reaping enormous commercial values in the form of material patent, such changes require a society to reassess the present and future status of human tissue within the legal system. This in turn gave rise to a heated debate over how to protect the rights of material donors: property rule vs. no property rule. (Debate and Cases) Property rule recognizes the donors' property rights on human biological materials. Thus, donors can claim real action if there were any bleach of informed consent or a donation contract. Donors can also claim damages to the responsible party when there is an infringement of property rights. Some even uphold the concept of material patents overtaking. From the viewpoint of no property rule, human biological materials are objects separated from donors. Thus, a recipient or a third party will be held liable if there were any infringement of donor's human rights. Human biological materials should not be commercially traded and a patent based on a human biological materials research does not belong to the donor of the tissues used during the course of research. In the US, two courts, Moore v. Regents of the University of California, and Greenberg v. Miami Children's Hospital Research Institute, Inc., have already decided that research participants retain no ownership of the biological specimens they contribute to medical research. Significantly, both Moore and Greenberg cases found that the researcher had parted with all ownership rights in the tissue samples when they donated them to the institutions, even though there was no provision in the informed consent forms stating either that the participants donated their tissue or waived their rights to ownership of the tissue. These rulings were led to huge controversy over property rights on human tissues. This research supports no property rule on the ground that it can protect the human dignity and prevent humans from objectification and commercialization. Human biological materials are already parted from human bodies and should be treated differently from the engineering and researches of those materials. Donors do not retain any ownership. (Suggestions) No property rule requires a legal breakthrough in the US in terms of donors' rights protection due to the absence of punitive damages provisions. The Donor rights issue on human biological material can be addressed through prospective legislation or tax policies, price control over patent products, and wider coverage of medical insurance. (Conclusions) Amid growing awareness over commercial values of human biological materials, no property rule should be adopted in order to protect human dignity but not without revamping legal provisions. The donors' rights issue in material patents requires prospective legislation based on current uncertainties. Also should be sought are solutions in the social context and all these discussions should be based on sound medical ethics of both medical staffs and researchers.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.163-201
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• 2019

Doctor has the duty of an inter-hospital transfer, known as inter-facility or secondary transfer, when the diagnostic and therapeutic facilities required for a patient are not available at the given hospital. Also, the decision to transfer the patient to an another facility is rely on whether ill patient is the benefits of care, including clinical and non-clinical reasons, available at the another facility against the potential risks. Crucial point to note is that issues about 'inter-hospital transfer' is limited to questions occurred in the course of transfer between emergency medicals (facilities). 'emergency medical (facility)' is specified by Medical Law, article 3 and the duty of an inter-hospital transfer includes any possible adverse events, medical or technical, during the transfer. Because each medical facility has an different ability to care for a patient in an emergency condition, coordination between the referring and receiving hospitals' emergency medicals would be important to ensure prompt transfer to the definitive destination avoiding delay at an emergency. Simultaneously, transfer of documents about the transfer process, medical record and investigation reports are important materials for maintaining continuity of medical care. Although the duty of an inter-hospital transfer is recognized as one of duty of doctor and more often than not it occurs, there is constant legal conflict between a doctor and a patient related to the duty of the inter-hospital transfer. Therefore, we need clear and specific legal standard about the inter-hospital transfer. This paper attempts to review the Supreme Court's cases associated to the inter-hospital transfer and to compare opinion of the cases with guideline for an inter-hospital transfer already given. Furthermore, this article is intended to broaden our horizons of understanding the duty of an inter-hospital transfer and I wish this article helps to resolve the settlement and case dealt with the duty of inter-hospital transfer.

• Journal of Korean Academy of Nursing
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• v.30 no.6
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• pp.1467-1478
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• 2000

The purpose of this study was to develop a curriculum for the oriental clinical nurse specialist program based on the understanding of Korean human beings so as to develop nursing as a profession and promote the client's health. The design of this study was based on literature review and nominal group study. The research was managed by East-West Nursing Research Institute of nursing science college at Kyung Hee University. The research team was composed of 17 professors of nursing departments of oriental medical colleges. We obtained opinions from Oriental Nurses Association, Oriental Nursing Research Association, and professors in oriental medical college. We reviewed articles, curriculums of other clinical nurse specialist programs, medical laws and the curriculum development plan for the oriental clinical nurse specialist program from Korean Nurses Association. We discussed a curriculum thoroughly in numerous meetings. We developed a following curriculum: 1. Educational philosophy was founded on the oriental human view which was based on Chun-In union theory. It was founded on the oriental health view which recognized health being in harmony with nature and the balance of body function with the harmony of Yin-Yang in the five elements. In addition, it was founded on oriental nursing view to promote these health states. 2. Educational goals were to train oriental clinical nurse specialists, oriental nursing educators and oriental nursing researchers who developed knowledge of oriental nursing theory, nursing practice and created a leadership. 3. Curriculum consisted of 48 credits, of which 36 credits are based on lectures and laboratory classes and 12 credits are based on clinical practice. 36 credits consisted of 5 general subject credits and 31 core subject credits. General subjects consisted of nursing theory, nursing research, law and ethics. Students who had earned master's degrees are not required to take the general subjects. Core subjects consisted of 11 subjects such as advanced physical examination and laboratory, oriental nursing theory, original text of oriental nursing, oriental medical nursing, oriental pediatric nursing, oriental gynecologic nursing, oriental gerontologic nursing, oriental pharmacology, oriental constitutional nursing, advanced nursing of channels and acupuncture points and laboratory and oriental rehabilitation nursing and laboratory. In addition, clinical practice in a hospital ward, out patient department, herb prepation room, department of physical therapy and health promotion center in oriental medical hospitals for 12 weeks. To admit this program, students should complete prerequisites of introduction to oriental nursing and nursing of channels and acupuncture points. 4. Course contents of each subjects were developed to include the course's goal and objectives and specific items. 5. Evaluation involved lecture, laboratory and in field practice. We applied various evaluation systems and methods that were based on both knowledge and skills of the students to ensure full credibility and validity.

• Journal of radiological science and technology
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• v.13 no.2
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• pp.1-14
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• 1990

As the institute of education teaching radiologic technology in Korea, different from others, junior college is the only institute which has been managed for it as a two-year educational course for 27 years since 1963 when it was established for the first time in our country irrespective of the needs of the times. But according to the development of medical equipment, variety of medical skill, increase of medical demands now a days, the supply of radiologic technology in modern medicine not only makes it advance as an inevitable factor but also broadens the area of its business systematically. Therefore, we got the following results after we had considered the necessity to lengthen the term of education and searched for the most reasonable way. 1. The term of study of the radiologic technologists in junior college must be lengthened to 3 years from 2 or 3 years regulated in the law of education. 2. In three-year curriculum, the subjects like basic medical science, science and engineering and ultramodern science, etc., which are lated to the new radiologic science must be taught in the junior colleges, and hospital practice also must be a compulsory subject in curriculum. 3. As the school years becomes longer, a lot of programs to make the study effective must be searched, researched and propelled forward.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.177-219
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• 2016

A commercial advertisement is not only a way of competition but also a medium of communication. Thus, it is under the constitutional protection of the freedom of business (article 15 of the Constitution) as well as the freedom of press [article 21 (1) of the Constitution]. In terms of the freedom of business or competition, it should be noted that an unfair advertising (false or misleading advertisement) can be regulated as an unfair competition, while any restraint on advertising other than unfair one might be doubted as an unjustifiable restraint of trade. In terms of the freedom of press or communication, it is important that article 21 (2) of the Constitution forbids any kind of (prior) censorship, and the Constitutional Court applies this restriction even to commercial advertising. In this article, the applicability of these schemes to advertising of the so-called learned professions, especially physician, are to be examined, and some proposals for the reformation of the current regulatory regime are to be made. Main arguments of this article can be summarized as follows: First, the current regime which requires advance review of physician advertising as prescribed in article 56 (2) no. 9 of Medical Act should be reformed. It does not mean that the current interpretation of article 21 of the Constitution is agreeable. Though a commercial advertising is a way of communication and can be protected by article 21 (1) of the Constitution, it should not be under the prohibition of censorship prescribed by article 21 (2) of the Constitution. The Constitutional Court adopts the opposite view, however. It is doubtful that physician advertising needs some prior restraint, also. Of course, there exists severe informational asymmetry between physicians and patients and medical treatment might harm the life and health of patients irrevocably, so that medical treatment can be discerned from other services. It is civil and criminal liability for medical malpractice and duty to inform and not regulation on physician advertising, to address these differences or problems. Advance review should be abandoned and repelled, or substituted by more unproblematic way of regulation such as an accreditation of reviewed advertising or a self-regulation preformed by physician association independently from the Ministry of Health and Welfare or any other governmental agencies. Second, the substantive criteria for unfair physician advertising also should correspond that of unfair advertising in general. Some might argue that a learned profession, especially medical practice, is totally different from other businesses. It is performed under the professional ethics and should not persue commercial interest; medical practice in Korea is governed by the National Health Insurance system, the stability of which might be endangered when commercial competition in medical practice be allowed. Medical Act as well as the condition of medical practice market do not exclude competition between physicians. The fact is quite the opposite. Physicians are competing even though under the professional ethics and obligations and all the restrictions provided by the National Health Insurance system. In this situation, regulation on physician advertising might constitute unjustifiable restraint of competition, especially a kind of entry barrier for 'new physicians.'

• Journal of dental hygiene science
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• v.12 no.1
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• pp.23-29
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• 2012

The purpose of this study was to investigate the image and the awareness of dental hygienists in dental hygiene and non-dental hygiene students. The subjects in this study were 414 students who were in the three-year-course department of dental hygiene and in another four-year-course non-dental hygiene department in G college in the city of Gwangju. After a survey was conducted, the collected data were analyzed. The findings of the study were as follows: 1. As a result of general awareness about dental hygienists, the dental hygiene students knew 97.5% and non-dental hygiene students knew 80.6% about dental hygientist as a job. There were significant differences(p<0.001). In regard of awareness about status in medical law, medical technician was the highest in the dental hygiene students(52.8%), and medical assistant was the highest in the non-dental hygiene students(48.8%) 2. As a result of awareness about the main tasks of dental hygienists X-ray and scaling were the highest in the dental hygiene students(42.3%), and treatment assistance was the highest in the non-dental hygiene students(32.9%). 3. In regard to awareness about image of dental hygienists, both groups were the highest in professionalism and were the lowest in negative image. All variable were differences statistically between dental hygiene and non-dental hygiene students(p<0.05).

• Journal of Korean Medical classics
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• v.12 no.1
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• pp.197-224
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• 1999

The conception of 'earth(土)' belonging to the five evolutive phases(五行) is cognized that it is not partial to any side differing from other four phases and it can control other four phases so, it is the first gate to enter the process of changes. In the five organs(五臟), the spleen come under the earth phases and it have been very importantly considered for past to now in oriental medical history, for example by Li Dongyuan(李東垣). In this study, the results are summarized as the followings. 1. The term of the acquired constitution(後天) made by So-ong(邵雍), a scholar in the north so-dynasty, is used in the study of the book of changes(易經). And he said "The inborn constitution(先天) is the law of the nature itself and, the acquired constitution(後天) is the law of making the changes with the nature." In the myung-dynasty Li jungjae(李仲梓) made extract from this remarks 10 define that the spleen is the basis of the acquired constitution. So it considered that the the idea of changes(易) had an effect on the oriental medicine. 2. The one element of five phases, earth is the center of the changes and it composes the power of life with the sangsu(生數)-1, 2, 3, 4, and the sungsu(成數)-6, 7, 8, 9. In this process, the earth is the basis of the changes of the five phases. At the same time the spleen carry out the important physiological role in the humanbody controlling the other four organs. 3. In the change of the universe, the repetitionary movement of Yin(陰) and yang(陽) is the action of earth and it means illimitable division. In the course of this division all things change to new phases for example, the food changes 10 the ki(氣) through the action of spleen and stomach. So the organ of spleen and stomach is the space that the action of change occur. 4. Consequently the conception of bi(脾) is close to the pancreas that the spleen. And the duodenum is close to the conception of stomach because the space is the site of mito(未土). 5. The action of yin and yang in the ancient taegukdo(太極圖) is close 10 the connection of N-pole and S-pole. In the humanbody the two power is compared to the action of spleen and kidney, that means expansion and contraction. Also it means the inborn constitution and the acquired constitution so, it applyed to the all things in the universe.

• The Korean Society of Law and Medicine
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• v.16 no.1
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• pp.289-312
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• 2015

The propagation of Infectious Diseases is very dreadful. It is not easy to detect through whom and where Infectious diseases start. Due to traffic development, these days, viral infectious diseases that weren't known in Korea in the past sometimes emerge in Korea, that is, probability to be propagated by certain viral infectious disease is getting bigger and bigger. The prevention of infectious diseases should be thoroughly blocked before they are introduced, nevertheless, when introduced, the government has a duty and responsibility to prevent them from spreading as soon as possible. There may be a terrible case that a certain infectious disease is spreading all over the world. Of course, in this case, cooperation between countries becomes more and more important than ever. But even in this situation, the nation's role should not decrease. Quarantine Law in Korea says that the government can take a quarantine measures to minimize the risk of infection. So the government can isolated questionable people with the risk of infection as well as people with the risk of infection. Quarantine or Isolation is a quite effective measures to prevent the viral infectious disease, however, it allows all subjects' right of freedom to be restricted. So, in any case that a infectious disease is spreading quickly, the probability for subjects to be isolated unreasonably or preposterously can probably happen. In this paper, I'll consider and discuss about the harmony between Public Health and Human Rights through quarantine or isolation.