• The Korean Society of Law and Medicine
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• v.9 no.2
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• pp.231-267
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• 2008

Tobacco has become the world's leading cause of deaths and diseases. And !be tobacco use and dependence itself is a kind of diseases, so-called "mental and be-havioural disorders due to use of tobacco" in "International Statistical Classification of Diseases and Related Health Problems(ICD-10)" and "Korean Standard Classification of Diseases". The tobacco use and dependence is a chronic disease that requires repeated clinical interventions and multiple attempts to quit. But effective treatments to the tobacco use and dependence are developed and exist that can significantly increase the rate of long-tenn smoking abstinence. So the physicians should warn smoking patients about the dangers of smoking to the health and the life, and the clinicians ought to provide one of more of the treatments which have been proven effective in helping smokers quit to smoke. It has been concluded that if a doctor failed to provide effective treatment for smokers, and the smokers subsequently died of the smokers-related conditions(tobaccosis) or became incapacitated by the tobaccosis the smokers were considered in the medical malpractice. Thus the smokers could sue the physician for medical malpractice, claiming that the doctor's legal responsibility of appropriate treatments including smoking-cessation which the physician deliberately or negligently breached.

• Journal of Computing Science and Engineering
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• v.2 no.2
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• pp.200-219
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• 2008

The effective management of uncertainty is one of the most fundamental problems in medical decision making. According to the literatures review, most medical decision models rely on point estimates for input parameters. However, it is natural that they should be interested in the relationship between changes in those values and subsequent changes in model output. Therefore, the purpose of this study is to identify the ranges of numerical values for which each option will be most efficient with respect to the input parameters. The Nonhomogeneous Poisson Process(NHPP) was used for describing the behavior of aging chronic diseases. Three kind of failure models (linear, exponential, and power law) were considered, and each of these failure models was studied under the assumptions of unknown scale factor and known aging rate, known scale factor and unknown aging rate, and unknown scale factor and unknown aging rate, respectively. In addition, this study illustrated developed method with an analysis of data from a trial of immunotherapy in the treatment of chronic Granulomatous disease. Finally, the proposed design of Bayesian value of information analysis facilitates the effective use of the computing capability of computers and provides a systematic way to integrate the expert's opinions and the sampling information which will furnish decision makers with valuable support for quality medical decision making.

• Journal of Pharmacopuncture
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• v.14 no.2
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• pp.81-91
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• 2011

Objectives & Methods: This suggestion was attempted to be elevated the recognition of common characteristics in disease. So, we performed to analyze the correlation of common cause of disease, characteristics of human body, and medical treatment. And the results are as follows. Results: 1. The cause of disease is consist of genetic factor, aging, habit, food of not good in health, weather, environment, deficit of the physical activity, stress and so on. 2. Generally, human has common and individual weakness. Individual weakness is appeared similar to the occurrence of volcano and lapse. 3. The correlation of disease and medical treatments is possible to explain using the quotation of the law of motion made by Isaac Newton, the great physicist. 4. When the process of the medical treatment was not progressed, the prognosis is determined by the correlation of the homeostasis(H') in human body and the homeostasis(H) of disease. 5. The prognosis of disease is determined by the relationship between the energy of disease(F) and medical treatment(F'). 6. The exact diagnosis is possible to predict the treatment sequence, and the facts that homeostasis in human body and disease, relationship between the energy of disease(F) and medical treatment(F'), action and reaction are important to determine the prognosis. 7. The careful observation of improving response and worsening action of disease becomes available for exact prognosis. Conclusion: The above described contents may be useful in clinical studies, and the concrete clinical reports about this will be made afterward.

• Korean Journal of Oriental Medicine
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• v.15 no.1
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• pp.43-47
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• 2009

Personnel who had contributed Medical development in history are classified into four types in this paper. The first, it is personnel that studied the medicine or treated a patient like doctors, medical researchers, physicians, nurses, etc.. The second, it is personnel that made law or systems about medicine or published the medical books. The third, it is personnel that received the medical treatment like patients or their protectors. The last, it is personnel that are teachers, students, friends, and relatives of people above mentioned. The studies of medical personnel in history are important. Those are more effective and easier informations than medicine itself. This paper is the study on medical personnel about HyangYak medicine that soley made from HyangYak(鄕藥) and that of classifying the informations about these persons.

• Journal of Society of Preventive Korean Medicine
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• v.10 no.2
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• pp.63-80
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• 2006

Public health oriental medical doctor has played a great role in providing oriental medical treatment and oriental medical health program with public health medical services, the basic infrastructure, however, is not sufficient. In this study, the researcher surveyed the treatment working or service condition of public health oriental medical doctor. 1. The payment, allowance of doctors are fixed upon the law and guideline according to the financial status of local government. The branch of public health center has more support like an official residence with expenses. 2. The public health center mainly has assitants and ratio of full-timer is more than the branch public health center without any assistants if any, they are temporary employee 3. The public health center has 5.22 beds while the branch has 3.14 beds. The daily average number of patient for public health center is 15.01 while the branch has 8.7 More than half of outpatients are over sixties with musculoskeletal disease. 4. Regarding the traveling clinic, the public health center put into more operation than the branch. The 3rd year serving public doctor gives negative about the traveling clinic much more than 1st and 2nd year serving public doctor. The treatment service condition of public doctor of the public health center is better than the branch doctor, but we are on the point of role-changing as health promotion and preventive treatment to bring up motivation, education and competence strengthening for execution the local-bound health program.

• Research in Community and Public Health Nursing
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• v.11 no.2
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• pp.453-469
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• 2000

This study has a purpose to provide information to help develop nursing intervention for demented elderly staying at home. For this purpose I analysed the relationship of patients' disturbing behaviors with their demographic and social characteristics, premorbid personality, and present environmental characteristics through questionnaire survey on their family members. The survey was performed through direct interview, telephone contact. and mail in the regions of Pusan and Gyeongnam. Among family members contacted. 112 ones made an appropriate response to the survey. The statistical package SAS was utilized for descriptive statistics, correlation coefficients, stepwise multiple regression, and cluster analysis. The results of the study were as follows: 1) Demographic and social characteristics of the patients surveyed are female 81.3%, average age 81.4 years, lack of schooling 83.0%, spouse dead 73.2%, having no other disease 58.9%, average duration of dementia 3.8 years, no medical treatment for dementia 84.8%, good married life 40.2%, and primary care given by daughter-in-law 49.1%. 2) Aggressive Psychomotor Behavior(APB) was observed in a way statistically meaningful in case that primary care was given by daughter-in-law, while Nonaggressive Psychomotor Behavior(NPB) was in case of good married life and primary care given by other than daughter-in-law and spouse. Verbally aggressive behavior (VAB) was observed in groups of female, spouse dead, bad married life, and daughter-in-law's primary care. As for Passive Behavior(PB), it was observed in case that patients had educational background of not less high than middle school and that they were having medical treatment. Functionally Impaired Behavior(FIB) was observed in age group of 60-69 and more than 90, in patients' group having no other disease, and in case that the duration of dementia was not less than 5 years. 3) Premobid Neuroticism(N) showed positive correlation with APB and VAB, while Openness (O) did negative correlation with PB. Agreeableness (A) was proved to have positive correlation with PA and FIB, but to have negative correlation with APB and VAB. In addition, Conscientiousness(C) showed negative correlation with APB and VAB. 4) The worse the psychosocial environment was, the more NPB and VAB were observed. 5) APB was explained 24% by C and primary care-giver, while NPB was explained 28% by psychosocial environment, having other disease or not, and married life. VAB was explained 40% by A. sex, and married life. On the other hand PB was explained 33% by O, A. N, and having medical treatment or not. But any significant factor was not found to explain FIB. 6) A cluster analysis was performed on disturbing behaviors of demented elderly staying at home. It enabled to regroup the demented elderly in 5 patterns: high scored in NPB, high scored in FIB. high scored in NPB and VAB, moderately scored in most disturbing behaviors, and low scored in all areas. In conclusion, disturbing behaviors of demented elderly not only reflect their premorbid personality in the past, but also are affected by their present psychosocial environment. Therefore, it is necessary to encourage and respond them with understanding their disturbing behaviors in relation to their past premorbid personality. In addition, it is important to provide them better psychosocial environment in order to reduce their disturbing behaviors.

• The Korean Society of Law and Medicine
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• v.23 no.3
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• pp.47-87
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• 2022

Due to the COVID-19 pandemic, non-face-to-face treatment was temporarily permitted. A lot of consensus has been formed on the need to continuous non-face-to-face treatment. However, the current 「Medical Service Act」 only permits telemedicine between doctors and medical personnel. On the other hand, as a result of legal interpretation, there is an opinion that non-face-to-face treatment is allowed. But considering the overall legal system, non-face-to-face treatment is not allowed. Nevertheless, we have to consider the reality such as the development of science and technology and the outbreak of infectious diseases. Therefore, it is not advisable to allow face-to-face treatment only. Ultimately, it is necessary to find ways to ensure that non-foce-to-face treatment can be performed in a safe and effective manner. And it should be institutionalized. This is strategically necessary and important. Therefore, we must look over ahead legal issues to be discussed. First of all, the scope, the target disease and the subject of implement have to be clear. Also, structurally, the standards of facilities and equipment must be prepared for non-face-to-face treatment to be implemented. Functionally, communication and information exchange between doctors and patients should be well conducted. In addition, the information protection management system that occurs in the process of non-face-to-face treatment should be materialized. Lastly, the issue of responsibility and cost of non-face-to-face treatment should be decided in detail. When these problems materialize, it can be expected that a safe non-face-to-face treatment environment will be established.

• The Journal of the Korea Contents Association
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• v.17 no.8
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• pp.610-618
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• 2017

Sex offense by medical practitioners has been occurring continuously in Korea leading to not only patients but the general public expressing anxiety and increased distrust in the medical field. The government has been pushing ahead with the legislation or revision of law to increase the penalties on sexual offenders in response to requests for a stricter legal framework to address sex offense cases and has expressed a strong commitment to actively resorting to administrative corrective measures towards sexually offending medical practitioners. Unlike such an overall social atmosphere, the Judiciary that is in charge of applying the law seems not to perceive the seriousness of sex offense cases committed by medical practitioners. A doctor who had sexually assaulted a middle school female student during medical treatment at a pediatric hospital was found innocent by the supreme court, which was a ruling in direct contrast to overall public sentiment. As such, this study seeks to analyze the precedent on cases involving sex offense by medical practitioners with a focus on the above-mentioned case and present implications. The study seeks to dispel distrust in the overall medical field by addressing the gap in legal interpretation towards sex offense committed by medical practitioners and thus provide basic data that can help the general public receive quality medical services in a safer environment.

• Research in Community and Public Health Nursing
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• v.8 no.1
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• pp.116-132
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• 1997

The purpose of the study is to find out how laws related to the nursing profession can be improved by analyzing the rules and regulations concerning nursing. Furthermore, to help settle legal matters in the process of doing nursing work. The data used for the study are the Health and Medical Act, the Maternal and Child Health Act, the School Health Act, the Special Act for Health and Medical Service in Rural Areas, the Industrial Health & Safety Act and the Notice on Nursing Professional Courses analyzed by age and content. The results of the study are as follows : First, basic nursing practice includes 'nursing care for recuperation and assistance in medical treatment and in special areas including the pre-vention of disease, maintenance of health, control of environment, and other therapeutic activities. It is suggested that the phrase 'assistance in medical treatment' should be eliminated as it limits the basic nursing practice to the assistance of the medical treatment. Second, Article 56 of the Health & Medical Act prescribes a special nurse but it does not prescribe a specific job. Accordingly, the new provison concerning the specific jobs of a special nurse should be added or a job guide should be inseated. Third, it is prescribed that those who have completed the training course after obtaining a license are qualified to be a midwife, a special nurse and a nurse practitioner working in special areas. However, school nurses, occupational health nurses and maternal and health workers are required to obtain a nurse license, but not to take an additional training course. Nurses working in special areas should be legally recognized as nurse specialists. The regulations to control various qualification standards consistently should be established. Fourth, the qualifications and types of nurses by area prescribed by Article 54 of the Health and Medical Act are not consistent with those of special nurses as recognized by affiliated organizations of the Korean Nurse Association and some hospitals. Accordingly, the qualifications and types of special nurses should be adjusted in consideration of special nurses. Fifth, as Article 16, Paragraph 2 of the Health and Medical Act does not prescribe the type and scope of first - aid treatment that nurses can provide, the first-aid treatment of nurses might be considered as an unlicensed practice. The specific regulations regarding these matters should be established. Sixth, the contents of the nursing record, which are prescribed by Article 21 of the Health and Medical Act as a duty, include 1) matters concerning body temperature, pulse, breath and blood pressure 2) matters concerning drug prescription 3) matters concerning input and output 4) matters concerning the treatment and nursing care (Article 17 of the Enforcement Regulations, Health and Medical Act). However, these matters are limited to basic nursing care and assistance in medical treatment. The new recording methods on nursing process are suggested to be adopted legally. Seventh, the prescription right entrusted to nurses which are prescribed by the School Health Act, the Special Act on Health and Medical Service for Rural Areas, and the Industrial Health and Safety Act are not consistent with the rights of nurses as prescribed by the Health and Medical Act. New regulations prescribing the partial right for medical treatment entrusted to nurses in consideration of the restraint of time and place in emergency situations should be established.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.243-279
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• 2019

During the main ruling in 2018, it is difficult to find a new judiciary, which is understood to be due to a certain degree of jurisprudence established and focusing mainly on contentious disputes within the framework of damages. The cases in which the court's judgment is reversed helped to understand the reason and the judiciary, and it was confirmed that the dispute in the medical lawsuit became more and more intense. Decisions on responsibility restrictions and medical records were also noticeable, with a significant increase in the number of verdicts relating to the doubt about medical records. This is considered to be part of the increasing number of cases in which the parties raise questions about medical records, and several cases were categorized and introduced at this opportunity. We also introduce the case of forced discharge of long-term hospitalized patients and medical fee bill, because it was judicial interest after the Supreme Court ruling that the cost of treatment for the after-effects of medical malpractice can not be claimed to the patient.