• International Journal of Computer Science & Network Security
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• v.22 no.10
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• pp.155-164
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• 2022

The review of known decisions showed that currently there are no systems and technologies for supporting the decision about the possibility of concluding the civil law agreements for medical, therapeutic and dental services. The paper models the decision-making support process on the possibility of concluding the civil law agreements for medical, therapeutic and dental services, which is the theoretical basis for the development of rules, methods and system for supporting the decision about the possibility of concluding the civil law agreements for medical, therapeutic and dental services. The paper also developed the system for supporting the decision about the possibility of concluding the civil law agreements for medical, therapeutic and dental services, which automatically and free determines the possibility or impossibility of concluding the corresponding civil law agreement for the provision of a corresponding medical service. In the case of formation of a conclusion about the possibility of concluding the agreement, further conclusion and signing of the corresponding agreement takes place. In the case of forming a conclusion about the impossibility of concluding the agreement, a request is made for finalizing the relevant agreement for the provision of the relevant medical service, indicating the reasons for the impossibility of concluding the agreement - missing essential conditions in the agreement. After finalization, the agreement can be analyzed again by the developed system for supporting the decision.

• The Journal of Korean Medicine
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• v.31 no.1
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• pp.112-121
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• 2010

Objectives: The aim of this study was to reflect upon the process of the legislation of the National Medical Services Law for traditional Korean medicine practitioners (TKM practitioners), especially at the Assembly plenary session of 1951. Methods: Various primary sources related to the legislation were examined, especially those in National Assembly Records and newspapers. Results: In 1950, the National Assembly wanted to establish the National Medical Services Law (國民醫療法) replacing the colonial medical services law (朝鮮醫療令), but it ended in failure. So in 1951, the National Assembly tried again. First, legislator Han Gukwon (韓國源), with 83 other legislators, introduced a bill for the new national health care system. The Society and Health (社會保健委員會) and the Legislation and Judiciary subcommittees (法制司法委員會) deliberated on this bill, and each proposed an amendment to the National Assembly. In the process of careful deliberation of these three proposals, the Ministry of Health and legislator Kim Ikgi (金翼基) each came up with a further amendment. Ultimately, Kim Ikgi's amendment was accepted by the National Assembly. According to his proposal, TKM practitioners were titled 'Hanuisa (漢醫師)', and the medical office name of TKM practitioners became 'Hanuiwon (漢醫院)'. Conclusions: The National Medical Services Law passed in 1951 was the beginning of the unique dual national medical license system of Korea. It recognized Western medicine and TKM practitioners equally under the national license system.

• The Korean Society of Law and Medicine
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• v.11 no.1
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• pp.243-270
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• 2010

Under the existing law, an act included in medical practice by medical personnel seems to be irrelevant to whether the act concerned in the "Life World" is in the category of medical practice. In spite of the act having been done according to the custom for a long time, and generally done by individuals in the "Life World", these kinds of acts have been banned by law, because if these acts were done by the general individuals, it would be considered as harmful behavior to human life and body. And it is not sure that individuals know such a ban or notification. This cause a "Mistake of Law". Also it is happened if someone knows the existence of law but believes that his/her act is not included. For treating the problem of "Mistake of Law" of unlicensed medical act, in this study I inquired thoroughly into the category and regulation of unlicensed medical act, uncertainty of the Medical Services Law the first Section of Article 27, the prohibition of unlicensed medical act. The "Composition Condition" of the first Section of Article 27 of the Medical Services Law is not certain, it doesn't meet the "Doctrine of Clearance", and it cause the "Mistake of Law". Also it doesn't meet standardization of constitutional state. An exceptional decision of Pusan District Court, the debate about unlicensed medical practice, constitutional decision on unlicensed medical practice of the Constitutional Court of Republic of Korea and point of view of support of regulation. Also I examined the problem of "Mistake of Law" that the regulation of unlicensed medical practice has. I tried to solve uncertainty of "Composition Condition" and proposed a direction of regulation for solving the "Mistake of Law" and the use of existing law.

• Journal of Physiology & Pathology in Korean Medicine
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• v.26 no.5
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• pp.588-598
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• 2012

The aim of this study is to reflect on the issues of the National Medical Services Law for Korean medicine practitioners (KM practitioners) in Korea, especially those discussed at the Assembly plenary session in 1951. In 1951, the National Assembly wanted to establish the National Medical Services Law (國民醫療法) replacing the colonial medical services law (朝鮮醫療令). Consequently the National Assembly passed the law establishing the license level of KM practitioners equal to that of Western practitioners. But the progress of establishing the law was not easy. There was much dispute over the KM practitioners system amongst the legislators at the Assembly plenary session in 1951. One of the main dispute was about setting the license level of KM practitioners. There were two main positions. One insisted that the license level of KM practitioners should be equal to that of Western practitioners. They had many reasons to support their contended point. From a historical, social, economical, medical and institutional point of view, they argued that the people had needed the KM and thus the new founded Korea had to reflect this situation. The other insisted that the license level of KM practitioners should be below that of Western practitioners. The reason was mainly that the KM was not scientific. This study concludes that the argument of the former was superior to the latter in quantity and quality.

• Korea Journal of Hospital Management
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• v.1 no.1
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• pp.56-82
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• 1996

The objectives of this research are (i) to review the legal nature of medicine & medical affairs law, (ii) to identify legal defects in terms of the adequacy and feasibility of its provisions and in terms of the structural order among related laws and acts, and (iii) to find out a rational way for revision of the law. Major findings of this research are as follows: 1) The main defects of the Medicine & Medical Affairs Law of Korea are shortcomings of provisions necessary for securing people's right as well as medical practitioner's responsibility and in adequacy to its post as a mother-law in medical fields. 2) Some provisions of the law are inconsistent with other laws and acts, especially with Health Insurance Law. 3) Medicine & Medical Affairs Law of Korea is required to be totally revised in order to keep up with situational changes and to function as a mother-law in its field. On the basis of these findings this study suggests that all the concerned parties would cooperate to renew the law into very sound feature of the mother-law in health field.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.399-434
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• 2014

A criminal liability of the divisional medical-institution is faced a new aspect in the connection with development of the medical techonology. Especially, a division of labor in the medical-institution in Korea will be greatly increased in the foreseeable future. A general hospital will be frequently confronted with sofisticated techniques such as MRI, CT-screen. Accordings to the nature of its functions, a general hospital may make accommodation or services or both available for patients who give undertakings (or for whom undertakings are given) to pay, in respect of the accommodation or services (or both) such charges as the government may determine. It shall be the duty of the government to develop, promote and regulate a criminal liability of the divisional medical-institution. Above all, the government shall have to determine the standard of a criminal liability of the medical-institution in the horizontal specialization and the vertical specialization. But, the court may give finally by directions the standard of the criminal liability of the divisional medical-institution.

• The Korean Journal of Emergency Medical Services
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• v.23 no.3
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• pp.53-65
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• 2019

Purpose: This study aimed to assess the awareness of good Samaritan law and attitude toward basic life support (BLS) of university students. Methods: A 29-item questionnaire survey was conducted among 147 students in A university. The participants were freshmen and sophomores who had received cardiopulmonary resuscitation (CPR) training in middle or high school. Statistical analysis was carried out using SPSS 21.0. Results: The majority (85%) of the participants knew about the good Samaritan clause in the Emergency Medical Service Act, but only about half (58.5%) knew about the Non-rescuer Act. Almost all of the patients said they would administer CPR to patients and showed a positive attitude toward BLS (3.74±0.40). Conclusion: Greater help attitude was exhibited by those who knew the good Samaritan law. These findings suggested that such education may increase their likelihood or helping in emergencies.

• Journal of The Korea Institute of Healthcare Architecture
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• v.17 no.2
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• pp.27-34
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• 2011

It is very important to justify the reasonable role of healthcare facilities in the law in order to provide considerable medical services to the patient. Defining the right role of healthcare facilities makes it possible to build adequate Health Care Delivery System which might be helpful for the patient. However, the information of healthcare facilities in Korean law is so unclear that people are able to hardly understand what sort of proper medical service is for them. Furthermore, there is not enough regulation to differentiate each type of hospitals in the law. The result of this study is summarized into three points. Firstly, the current medical law does not reflect differences of function which each medical facility has. Secondly, the method of classification of healthcare facilities in the law disagrees with the Health Care Delivery System. Finally, there is no information on the type of sickbed in the law. Therefore, this study intend to analyze cause of problems which the law contains in order to be used for the fundamental resource for the healthcare facility planning.

• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.37-82
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• 2009

Korea has gained the much more performances in the fields of pubic health laws and related policies on the basis of the substantial economic achievements. In 1977, the social medical insurance was established for companies with more than 500 employees, and in 1989, Korea successfully achieved the national medical insurance system covering the total population within only 12 years beginning with multiple insurers. There remained some problems, however, to be improved such as both the low level of contribution rates and benefit packages due to the inefficiency in utilizing limited medical resources. In 2000, all insurers were unified into a single insurer (National Health Insurance Corporation), and special independent Health Insurance Review & Assessment Service (HIRA) was also established. From the origin of medical insurance system in 1977, the Korean reimbursement system has been fee-for-service system, and after the establishment of HIRA, it has been providing objective and expert medical cost review services and health quality assessment services.

• Korean Journal of Acupuncture
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• v.19 no.2
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• pp.149-165
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• 2002

Objective : We proposed fundmental rules of prospective on legal and institutional position and role of Korean medicine doctors working at public health center. Methods : By the result of this research on the current situation, the grade and allowance given to the Korean medicine doctors working at public health center were different every self-governing body. Results : The reason the Korean Medicine Doctor can't serve as a regular order of 5th grade is that the 'The Enforcement Regulation about Administrative Organization and the Standard of Pixed Number of person of Self-Governing Body(지방자치단체의 행정기구와 정원기준등에 관한 규정 시행규칙)' prescribes the number of regular order of 5th grade is regulated within 7% among the number of regular order officials. But not appointing to office as the regular order of 5th grade infringes on the Constitution, the highest law. The reason the Korean Medicine Doctors can't be appointed to office as the regular order officials by the self-governing body is that 'The Enforcement Order of the Law of Preservation of good health of Local Area(지역보건법시행령)' prescribes the Korean Medicine Doctors are not indispensable to Public Health Center. But in fact, the Korean Medicine Doctors can execute many kinds of work such as medical examination or instructing house nursing. Conclusion : The Korean Medicine Doctors working at Public Health Center serve at low positions as daily use or common use, not receiving a regular order. All laws including the Constitution(헌법), the Medical Services Law(의료법), the Law of Preservation of good health of Local Area(지역보건법), the National Public Service Law(국가공무원법), the Local Public Service Law(지방공무원법) and the Law of Higher Education Law(고등교육법) describe that the Korean Medicine Doctors and the Western Medicine Doctors are equal to their position and right.