• Journal of the Korea Academia-Industrial cooperation Society
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• v.17 no.4
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• pp.340-350
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• 2016

The Medical Service Act of Korea describes a clinic as providing services primarily to outpatients, while a large general hospital provides specialized medical services requiring a high level of expertise for treating serious diseases. The portion of medical revenue for clinics has been decreasing gradually compared with large hospitals. This article proposes two fundamental medical policies to fix the distorted medical delivery system of Korea. Firstly, uniform additional medical remuneration rates based on the type of medial institution should be divided into outpatient additional rates and inpatient additional rates. Secondly, to normalize the function of clinics and large general hospitals, an outpatient medical target budget system should be introduced. Finally, to properly implement the proposal, it is important to establish healthcare policy-making governance. The success of policy implementation strongly depends on the participation and incentives of the government, suppliers, and patients. Healthcare policy-making governance must be designed to encompass this fact and improve quality of care.

• Journal of Information Management
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• v.36 no.1
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• pp.125-154
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• 2005

Due to the development of Internet and the collection and usage of the individual information, the infringements of the personal data have been increased rapidly. Regarding the personal data protection in the medical industry, it is clearly described in 'Act on Promotion of Information and Communication Network Utilization and information Protection, etc.'. the law is ratified on the basis of the service provider, therefore, it has its own limitation to be applied to medical industry. Therefore, this paper is to set the security standard and to discuss the range of legal application and considerations on its basis for the domestic medical institution at the electronic medical record system. We exemplify specific applicable content of the electronic signature in the electronic medical record also, present a security assessment item in electronic medical system and set the criteria for the security standard in the medical industry.

• The Journal of the Korea Contents Association
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• v.13 no.4
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• pp.170-186
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• 2013

As the population is getting older, medical expenses amount of the whole is keep increasing. So, the pressure of the finances, Health Insurance, Medical Care Assistance Act and etc, is getting higher. The share of healthcare-expense is increasing due to elderly illness. And it became a social problem; we analysed present state of senior healthcare in South Korea-looked into current laws and policies, and found problems. We tried to suggest improvements that drew from the current state of foreign country senior healthcare of those problems. For the result, we found the problem in relevant-law system of senior healthcare guarantee. In this study, we proposed the ways to qualitatively upgrade of medical standard that considered on elderly' features: the strengthened guarantee for healthcare, financial secure for long-term convalescence benefit, linking and functional reinforcement for elderly welfare and long-term convalescence insurance, the solution for overlapped laws about convalescence in long-term convalescence insurance and elderly welfare, a betterment of grading, and a home service consolidation. We need to secure right amount of emergency medical service budget, and effective management system for the improved level of senior severely emergency medical service. Furthermore, we suggested that South Korea needs to legislate [The Law for Senior Medical Secure] to respond to rapidly increasing senior healthcare fee.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.69-105
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• 2020

In the health care system, medical fee payment is a very important and basic factor. The National Health Insurance Act adopted a contract system, and the content of the contract is to be determined the unit price per relative value scale. Accordingly, in the National Health Insurance system, the costs of health care benefits are adjusted each year according to inflation or changes in economic conditions. On the other hand, in the Medical Care Assistance system, the Medical Care Assistance Act does not prescribe the method of determining the medical payment, and all matters are delegated to the Minister of Health and Welfare. Accordingly, the Minister has adopted a fixed-payment system for hemodialysis treatment since 2001. A constitutional petition was filed in 2017 against this fixed-payment system, and the Constitutional Court rejected the petition in 2020. In this study, we examine the meaning and content of the medical fee payment system, focusing on the above constitutional petition case, and present three principles as constitutional limits on the system. The first of its principles is the principle of legality, the second is the principle of prohibition of comprehensive delegation, and the third is the principle of proportionality. From that point of view, There are many unconstitutional elements in the fixed-payment system on hemodialysis.

• The Korean Society of Law and Medicine
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• v.17 no.1
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• pp.209-279
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• 2016

The Korean Mental Health Act was amended 2016 overall. This paper examines and evaluates the old Korean Mental Health Act since 1995 and the new Korean Mental Health Promotion Act 2016 from the Perspective of Human Rights and Inclusion of Persons with Psychosocial Disabilities. The persons with mental disabilities was separated and ruled out from society by the enactment of the Mental Health Act in 1995 and five times amendment. That has been justified and institutionally supported by medical viewpoint. The medical approach which reconsider the persons with mental disabilities as patients conceal that the aims of the involuntary admission in Mental Hospital are protection of society and the relief of the family member's duty of support for person with mental disabilities. This is institutionally supported in the 1995 Korean Mental Health Act by involuntary admission through the consent of family members as protectors. According to the old Act, the family members as protectors are authorized to consent to involuntary admission of persons with mental disabilities. Also, the psychiatrist that diagnoses the person with mental disabilities and evaluates the need for treatment by admission is not impartial in this decision. Family members as protectors may want to lighten their burden of support for the person with mental disabilities in their home by admitting them into a mental hospital, and the psychiatrist in the mental hospital can be improperly influenced by demand of hospital management. Additionally, Article 24 of the Korean Mental Health Act for the Involuntary Admission by the Consent of Family Members as Protector might violate personal liberty, as guaranteed in the Korean Constitution. The Mental Health Promotion Law was amended to reduce the scope of the persons with mental illness which are subject to forced hospitalization and to demand that a second diagnosis is made by another psychiatrist and screening by the committee concerning the legitimacy of admission in the process of the involuntary admission by the consent of family members as a method of protection. The amended Mental Health Promotion Law will contribute to reducing the number of the involuntary admissions and the inclusion of persons with mental disabilities. But if persons with mental disabilities are not providing some kind of service to the community, the amended Mental Health Promotion Law does not work for Inclusion of them.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.263-302
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• 2014

The court handed down meaningful rulings related to medical sectors in 2013. This paper presents the ruling that the care workers could be the performance assistants of the care-giving service although the duties of care worker are not included in the liability stipulated in the medical contract signed with the hospital for reason of clear distinction of duties between care workers and nurses within the hospital in connection with the contract which was entered into between the hospital and patients. In relation to negligence and causal relationship, the court recognized medical negligence associated with the failure to detect the brain tumor due to the negligent interpretation of MRI findings while rejecting the causal relationship with consequential cerebral hemorrhage. The court also recognized negligence based on the observation on the grounds of inadequate medical records in a case involving the hypoxic brain damage caused during the cosmetic surgery. In terms of the scope of compensation for damages, this paper presents the ruling that the compensation should be estimated based on causal relationship only in case the breach of the 'obligation of explanation' is recognized, however rejecting the reparation for de factor property damages in the form of compensation, and the ruling that the lawsuit could be instituted in case that the damages exceeded the agreed scope despite the agreement that the hospital would not be held responsible for any aftereffects of surgery from the standpoint of lawsuit, along with the ruling that recognized the daily net income by reflecting the unique circumstances faced by individual students of Korean National Police University and artists of Western painting. Many rulings were handed down with respect to medical certificate, prescription, etc., in 2013. This paper introduced the ruling which mentioned the scope of medical certificate, the ruling that related to whether the diagnosis over the phone at the issuance of prescription could constitute the direct diagnosis of patient, along with the ruling that required the medical certificate to be generated in the name of doctor who diagnosed the patients, and the ruling which proclaimed that it would constitute the breach of Medical Act if the prescription was issued to the patients who were not diagnosed. Moreover, this paper also introduced the ruling that related to whether the National Health Insurance Service could make claim to the hospitals for the reimbursement of the health insurance money paid to pharmacies based on the prescription in the event that the hospitals provided prescription of drugs to outpatients in violation of the laws and regulations.

• Fire Science and Engineering
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• v.19 no.2 s.58
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• pp.45-62
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• 2005

This thesis has defined the legal status of 119 rescue who plays a major role in the Korean prehospital emergency medical system and reviewed the various issues that may occur depending on work related legal liabilities. As a result, the purpose of this study was to represent the countermeasures for legal protection of 119 rescue required for the quality improvement of prehospital emergency medical system and as well as the countermeasures for risk management prepared for its related lawsuits. The legal liabilities of 119 rescue officers can be divided largely into public law liabilities and civil and criminal liabilities. In order to decrease the incidences of legal problems and provide the legal protection to rescue officers, the liability of supervising physician should be emphasized when the emergency medical practice is performed by a rescue officer under their supervision by consolidating medical control and the rescue officer should have legal liability on his emergency medical practice. itself Also, the emergency medical service guideline for 119 rescue officers should be prepared and their works should be performed according to such a guideline and procedures. In addition, the accurate legal documentation on emergency medical system from on-site to ER and related mobilization should be framed and preserved. Moreover, it is required to enact a new law such as the Good Samaritan Act or the Rescue Officers Protection Act.

• The Korean Society of Law and Medicine
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• v.20 no.2
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• pp.261-285
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• 2019

The essential policy of suicide prevention is to continuously manage and treat suicide attempted people through data base related to suicide retry rate and follow-up study report. In Korea, only few people are allowed to follow-up by the Personal Information Protection Act. As a result, the research participation rate and the service participation rate are rather low, so that the research participants is limited to a part of the suicide attempted people. Therefore, the policy proposals to be improved in the Ministry of Health and Welfare Act were examined comparatively in order to increase the practical utilization of the suicide prevention about Article 14 and Article 20 of the Suicide Prevention Act. As a criterion for policy improvement, measures for non-discrimination of information to be considered in terms of technical and ethical dimensions and non-profit research and medical information for medical purposes were suggested. In addition to the severity of the suicide, the suicide risk was assessed and the criteria for the objective assessment of the follow-up observation were considered in consideration of the severity of the suicide.

• Smart Media Journal
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• v.1 no.4
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• pp.52-58
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• 2012

In recent years the combination of IT and BT for U-Healthcare Medical Services has attracted popular attention as an alternative for solving health problems due to aging issue. Active oxygen as free radicals causes unstable state of the body resulting to other disease on which approximate 90% of the diseases are associated with active oxygen. The severity is even higher along with increasing age. Therefore, there is a need for systematic management of active oxygen saturation for the elderly and chronic patients. In this paper, the data about active oxygen measurements from the body measurement is sent to the data storage of medical facilities by the service provider. Medical information is measured by devices provided complying with the standard, support and information using Bluetooth communication. Users can check their health status themselves using the proposed system through 3G/4G mobile devices like smart phone to medical institutions in which the smart phone act as a gateway for medical data transferred from patient to medical institutions and vice versa. Users can get and experience a diagnosis and effective U-Environmental Health Services from Medical institutions anywhere using the proposed built system.

• The Korean Journal of Emergency Medical Services
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• v.13 no.3
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• pp.91-105
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• 2009

Purpose : The purpose of this study was to describe the current status of 119 EMT to violence experiences in Korea. Method : The number of 119 EMT in this study 2522. Self-administering questionnaire data were collected from April 27 to March 8 in 2009. Collected data were analyzed using SPSS 14.0 program. Real number, percentage, mean and standard deviation were calculated. Pearson correlation coefficient was analyzed. Result : 119 EMTs experienced 95.32%-verbal insults, 61.54%-violence aggression, 60.51%- potential violence, 38.70%-physical assault. Within 30 days from the most recent period of violence experienced verbal insults and violence aggression-51.07%, potential violence and physical assault-48.41%. The patients(50.59%) and the patients and patient's carers(38.26%) proved to be violent offender. The main reason of violent act was drug or alcohol addiction(56.15%). Recent exposure to violence was 34.82% by 7 point reward of stress level. 5-point scale showed the average of experiences of violence. Response average of emotional reactions was 2.66 points and that of physical reaction was 2.18 points. Social reaction was 2.06 points. Conclusion : This study was based on the violence experience of 119 EMT. It is necessary to prevent the violence from emergency scene. So we proposed the preventive measure against violence as well as critical incident stress debriefing(CISD). Policy for CISD and stress management will be implemented in the near future in Korea.