• Title/Summary/Keyword: judicial precedents

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Cerebral Aneurysms in Judicial Precedents

  • Lee, Kyeong-Seok;Shim, Jae-Jun;Shim, Jae-Hyun;Oh, Jae-Sang;Yoon, Seok-Mann
    • Journal of Korean Neurosurgical Society
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    • v.61 no.4
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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.

ORGANIC RELATIONSHIP BETWEEN LAWS BASED ON JUDICIAL PRECEDENTS USING TOPOLOGICAL DATA ANALYSIS

  • Kim, Seonghun;Jeong, Jaeheon
    • Korean Journal of Mathematics
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    • v.29 no.4
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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.

Usage of Medicinal Moxibustion for the improvement of Moxibustion Treatment Procedure (灸((구)쑥뜸)시술행위의 개선을 위한 藥灸劑(약구제)의 활용)

  • Lee, Bookyun;Kim, Chang-Min;Lee, Jang-Cheon
    • The Journal of Korean Medicine
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    • v.35 no.1
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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.

Legal Study on the Explanatory Duty for Medical Practice in Korean Medicine by Judicial Precedent Analysis (판례분석을 통한 한의사의 설명의무에 관한 법학적 고찰)

  • Lee, Mee-Sun;Kim, Kun-Hyung;Yang, Gi-Young
    • Journal of Acupuncture Research
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    • v.29 no.4
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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.

Analysis on the Constitutional Judicial Precedents concerning the Social Welfare Law (사회복지법 관련 헌법재판소 판례 분석 : $1987{\sim}2004$년 헌법판례 현황과 내용을 중심으로)

  • Jung, Jin-Kyung
    • Korean Journal of Social Welfare
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    • v.58 no.1
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    • pp.395-423
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    • 2006
  • The purpose of this study was to investigate the various contents of legal life's conflicts and constitutional applications by analysing on the constitutional judicial precedents regarding to social welfare law. The total cases of constitutional precedents are 62 totally, and 22 precedents among 62 are analysed through content analysis. These 22 constitutional precedents consist of nine cases of concerning Social Insurance Act, six cases in National Pension Act, two cases in National Basic Livelihood Protection Act and one cases in Social Welfare and Service Act. The major contents of these precedents are regarding to operational principles of social insurance system, rule of entitlements, benefits, social welfare organizations and the constitutional right such as property right, equal right, right of happiness. And also there are precedents to review how the rule of Act is interpreted or how the process of right protection is. Findings in this study show that Korean Constitutional Law has characteristics of welfare nationalism and social capital economics orientations, and sanctions legislation and administration discretion.

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