• Journal of Korean Neurosurgical Society
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• 제61권4호
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• pp.474-477
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• 2018

Objective : From November 30, 2016, the Korean Government carried the revised Medical Dispute Mediation and Arbitration Act into effect. Mediation will start automatically without agreements of the defendant, when the outcome of the patient was death, coma more than a month or severe disability. Cerebral aneurysm has a definite risk of bad outcome, especially in the worst condition. Any surgical intervention to this lesion has its own high risk of complications. Recently, Seoul central district court decided 50% responsibility of the doctors who made a rupture of the aneurysm during coiling (2015Ga-Dan5243104). We reviewed judicial precedents related to cerebral aneurysms in lawsuit using a web search. Methods : We searched judicial precedents at a web search of the Supreme Court, using the key words, "cerebral aneurysm". Results : There were 15 precedents, six from the Supreme Court, seven from the High Court, and two from district courts. Seven precedents were related to the causation analysis, such as work-relationship. Five precedents were malpractice suits related bad results or complications. Remaining three precedents were related to the insurance payment. In five malpractice precedents, two precedents of the Supreme Court reversed former two precedents of the High Court. Conclusion : Judicial precedents on the cerebral aneurysm included not only malpractice suits, but also causation analysis or insurance payment. Attention to these subjects is needed. We also need education of the independent medical examination. To avoid medical disputes, shared decision making seems to be useful, especially in cases of high risk condition or procedures.

• Korean Journal of Mathematics
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• 제29권4호
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• pp.649-664
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• 2021

There have been numerous efforts to provide legal information to the general public easily. Most of the existing legal information services are based on keyword-oriented legal ontology. However, this keyword-oriented ontology construction has a sense of disparity from the relationship between the laws used together in actual cases. To solve this problem, it is necessary to study which laws are actually used together in various judicial precedents. However, this is difficult to implement with the existing methods used in computer science or law. In our study, we analyzed this by using topological data analysis, which has recently attracted attention very promisingly in the field of data analysis. In this paper, we applied the the Mapper algorithm, which is one of the topological data analysis techniques, to visualize the relationships that laws form organically in actual precedents.

• 대한한의학회지
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• 제35권1호
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• pp.99-113
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• 2014

Objectives: To provide theoretical basis for the classification of medicinal moxibustion(藥灸劑) in Health Insurance Medical Benefit in Korea through investigating trend of judicial precedents on indirect moxibustion and usage of medicinal moxibustion in "Donguibogam". Methods: We analyzed statistical data of moxibustion from Health Insurance Review & Assessment Service and National Health Insurance Statistical Yearbook. We investigated major judicial precedents on indirect moxibustion to find out some trend and we searched the usages of medicinal moxibustion in "ZhenJiuDaCheng" and "Donguibogam". Results: According to recent judicial precedents, indirect moxibustion with equipment is no loner regarded as Korean Medical Procedure. In composition of 'Oriental Health Treatment', amount for acupuncture has gradually decreased instead, amount for moxibustion has increased steadily for 5 years. Medicinal moxibustion(藥灸劑) is often used as a form of indirect medicinal moxibustion with moxa in "Donguibogam". Argyi Folium, Moschus, Natrii Chloridium, Radix Preparata, Realgar and Olibanum are most frequently used for medicinal moxibustion in "Donguibogam". Medicinal moxibustions are composed of simple prescription or herb-pair or multiple prescription in "Donguibogam". Conclusions: In Health Insurance Medical Benefit in Korea, under the division of moxibustion, direct medicinal moxibustion and indirect medicinal moxibustion should be classified in addition.

• Journal of Acupuncture Research
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• 제29권4호
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• pp.71-79
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• 2012

Objectives : The purpose of this study is to set the explanatory duty on traditional Korean medical(TKM) treatment by analyzing the judicial precedents. Methods : The study was performed by analyzing nine cases of lawsuits related to Korean medicine doctor and explanatory duty among the medical dispute cases in Korea from 1968 through 2012. Results : Nine closed claims occurred regarding the violation of explanatory duties in the field of TKM practice. Two claims were decided by supreme court, three were decided by high court, and four were decided by district court. The causes of lawsuits were categorized as follows : bee venom pharmacopuncture, herb treatment, and an explanation for safety. Conclusions : To perform an explanatory duty has important legal implications for the protection of patients' rights and Korean Medicine doctors' autonomy on TKM treatment.

• 대한간호
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• 제20권2호통권110호
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• pp.15-36
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• 1981

• 전기저널
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• 5호통권161호
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• pp.50-51
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• 1990

• 전기저널
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• 6호통권162호
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• pp.62-64
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• 1990

• 전기저널
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• 10호통권166호
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• pp.56-58
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• 1990

• 한국사회복지학
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• 제58권1호
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• pp.395-423
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• 2006

본 연구는 1987년 헌법재판소 출범이후 청구된 사회복지법 관련 헌법판례를 분석함으로써, 사회복지제도의 실시와 관련되어 어떠한 법생활적 갈등이 제기되고 있으며, 판결결과에서 나타난 헌법의 적용과 해석이 어떠하였는지를 고찰하고자 하였다. 분석에 활용된 헌법판례는 총 62건이었으며, 이 중 요건미충족 등으로 각하된 40건을 제외한 22건의 판례에 대해 내용분석을 수행하였다. 분석결과 22건의 헌법재판 판례는 국민건강보험법 9건, 산업재해보상보험법 6건, 국민연금법 4건, 국민기초생활보장법 2건, 사외복지사업법 1건이었다. 판례의 주된 내용으로, 내용적 측면에서는 제도의 운영원리와 적용대상, 급여의 수준 및 급여수급 제한조건 사외복지서비스조직과 재정에 관련된 법률 규정들이 재산권과 평등권, 행복추구권 인간다운 생활 보장권 등의 기본권 침해와 관련된 판례가 주를 이루었다. 또한 절차적 측면에서는 권리구제절차 등이 재판청구권, 위임입법의 한계 등을 위배했는지의 여부를 심사하는 판례였다. 한편, 판결결과를 통해서 사외복지법과 관련된 우리나라의 헌법은 사회연대를 통한 복지국가주의와, 사회적 시장경제주의를 기본원리로 하여 사외복지제도의 시행을 제도보장으로 하고 있는 한편, 구체적인 제도시행의 내용에 있어서는 입법부와 행정부의 광범위한 재량을 인정하는 경향을 발견할 수 있었다.

• 보험의학회지
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• 제16권
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• pp.1-11
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• 1997