• Journal of Arbitration Studies
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• v.11 no.1
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• pp.247-286
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• 2001

This study is to analyze e-commerce issues and how to settle arbitration dispute resolution. Considering internet related business spread out worldwide, the dispute is incurred in variety areas. To resolve the dispute of e-commerce, government has been released several laws for protecting legal transaction, information exposure, and internet security, etc. However, internet related technology is changing rapidly and dispute issues are coming out at many different models. Upon that environments, law and rules could not be followed to meet the technology change. That issues are made for this study. In this study, outlook of e-commerce, status of domestic and overseas of internet business, e-commerce and security issues were analyzed, and empirically comparative analysis was driven out and variety dispute cases were studied. Upon that study the resolution methods were suggested and arbitration settlement was proposed prior to legal sue. This study results are how to minimize the disputes and the method of dispute settlement. Therefore, a role of arbitration proposed and emphasized. To protect the dispute in advance, it's suggested to revise rules timely following on technical changes, and emphasized that the dispute has to lead to arbitration settlement not for consuming unnecessary time and finance for enterprises and consumers.

• The Journal of Korean Academic Society of Nursing Education
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• v.19 no.4
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• pp.675-683
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• 2013

Purpose: Nineteen articles were analyzed to gather opinions and nursing implications about NIPT recently launched. Methods: Nineteen articles were selected from EBSCO (eBook business collection), Google Scholar, and two Korean academic d-bases with key words 'prenatal screening testing', 'prenatal genetic diagnostic testing', NIPT or 'cell free DNA (cfDNA)'. Authors developed a framework for analyzing the 19 articles including opinions and suggestions for future implications. Results: Eleven articles written by the first author affiliated with medicine or genetics, viewed NIPT as promising because of safety, accuracy, early detectability and cost effectiveness. Articles written by journalists or authors affiliated with history and ethics were concerned with the possible risk of ELSI (ethical, legal, social issues), erratic interpretation of test results, and lack of genetic counseling service. Conclusion: With consideration of Korean clinical, and legal circumstances, not only pregnant women and families but also health professionals must prepare for clinical NIPT implications including updating prenatal genetic testing, counseling services, protecting ELSI and amulticultural team approach.

• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.163-187
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• 2011

On March 11, 2011, the Korea National Assembly finally passed the bill on the Damage Relief on the Medical Malpractice and Mediation for Medical Dispute. One of the features of this Act is including "The Subrogation Payment System for Damage (abbreviated SPSD)". This System is that 'Korean Medical Dispute Mediation-Arbitration Board' pays the damages, instead of the health care provider, for the patient who isn't paid damages by the health care provider despite of the Mediation or ruling. The purpose of this study is to search the problems and make improvement on SPSD. This System was introduced extreamly to the patients in order to induce them to the mediation. However,there remains several problems. In this articles, I have examined thoroughly the legal issues on SPSD. There are legal issues about the methods and ratio of the financial burden. In this connection, wide discretionary authority has been granted to administrative agencies specifically. On this account, this System clearly contains elements of a violation against the Constitutional Law. Moreover, this System can be broadly applied to the case of court ruling or the Korea Consumer Agency's mediation. But these measures go against the aim of legislation that the medical dispute can be resolved through the mediation or arbitration by this Act. In the end, these problems must be revised through the additional discussion.

• Communications for Statistical Applications and Methods
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• v.18 no.5
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• pp.559-570
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• 2011

The role of jurisprudence is examined in the early history of probability and statistics. From the mid-17th to the early 18th century, Christiaan Huygens and Jacob Bernoulli used mathematical expectation to solve the problems that originated from games of chance. We demonstrate that their concept of expectation as a fair price for participating in a game came from the legal concept of 'fair trade'. In addition, we consider that the probability that Bernoulli defined in his Ars Conjectandi originated from the legal concept of 'degree of certainty'. After considering some contributions of Laplace and Poisson, we examined the history of census and statistical survey in the early 19th century. Contrary to the history of the 17th and 18th century, statistics influenced society and law in the 19th century.

• Journal of Korean society of Dental Hygiene
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• v.18 no.5
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• pp.693-705
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• 2018

Objectives: This study aimed to identify the importance of the directivity of reflecting on a realistic task when aiming to reorganize a relevant law for dental hygienists through examining dental hygiene students' perceived need for a relevant law on dental hygiene related work. Methods: A survey was conducted targeting dental hygiene students from March 28 to April 30, 2018. The following findings were obtained. The results were summarized as follows. The collected data were analyzed using the SPSS WIN 21.0 statistical program. Results: With reference to the influence of the need for a work-related legislation on dental hygienists' awareness of their legal rights, findings revealed that the latter was higher when there was higher involvement in precision impression procedures, higher involvement in occlusal adjustment in the middle stage, and higher perceived need for legislation on a comprehensive dental hygiene course (all p<0.05). Conclusions: Based on these findings, it is considered necessary to pursue a national solution for modifying the relevant legal system to provide institutional support for dental hygienists' work. Additionally, the worry in the whole dentistry in order to establish dental hygienists' task.

• Journal of Korean society of Dental Hygiene
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• v.16 no.5
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• pp.677-685
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• 2016

Objectives: The purpose of the study was to investigate the basic materials required for law revision regarding dental hygienists through perceptions and opinions of legislation amendments. Methods: The study was conducted from April 23, 2016. A self-reported questionnaire was completed by 797 dental hygienists in Seoul and Gyeonggido after receiving informed consent from institutional review board (IRB No. PO1-201602-23-001). Results: Necessity for dental hygienist-related medical law revision accounted for 92.4% and 85.4% of dental hygienists replied that specialized dental hygienist system must be established. The reasons for medical law revision were as follows; roles and education of medical technicians (60.6%), settlement of medical legal problems (48.0%), cooperation with other organizations (29.0%), political negotiations (17.4%), and national consensus (9.5%). The score for 'possible to get legal protection by the system establishment of roles and work scope of dental hygienists' was 4.11 of 5 points. Conclusions: It is important to establish the job scope of dental hygienist. The revision of dental hygienist-related law will help to enhance the status of dental hygienists as professional medical technicians in the future.

• The Korean Journal of Emergency Medical Services
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• v.19 no.1
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• pp.35-49
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• 2015

Purpose: This study aimed to identify the current status and correlations among scuba divers' knowledge of safety, compliance with safety rules, and ability to cope with emergency situations. Methods: There were 317 study subjects. Data were collected between September 21, 2012 and September 7, 2013, and analyzed using SPSS software version 21.0. Results: Of the participants, 89.3% wanted to be educated in emergency care, while 69.4% indicated that preparedness in emergency situations for divers is insufficient. 78.5% suggested a need to creat a legal standard for the prevention of accidents. The average scores among the participants showed 3.22 points for knowledge of safety, 3.09 points for compliance with safety rules, and 2.91 points for ability to cope with accidents and emergency situations, with strong correlation among them. The lower license level they had, the lower score they indicated. Conclusion: We suggest there is a need to strengthen systematic educations on knowledge of safety, compliance with safety rules, and the ability to cope with emergency situations and emergency care at the open water level. In addition, there is a need to creat legal standards to consolidate the effects of these changes.

• Journal of Korean Academy of Nursing Administration
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• v.17 no.1
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• pp.33-43
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• 2011

Purpose: This study was done to develop a web-based diagnostic evaluation program for nurses to prevent malpractice liability. Methods: A comprehensive review of the literature and 9 specialist interviews were used to search for learning goals and content for protection for nurses from malpractice. Data on needs for learning goals were collected from 56 hospital nurses who agreed to complete a self-report questionnaire. The diagnostic program was evaluated between September 2008 and August 2009 by 35 new hospital nurses using an application of the web-based program evaluation tools by Chung (2000). Results: A comprehensive review of the literature and interviews were used to search for learning goals and content. The evaluation program was composed of the 73 questions for diagnostic evaluation under 23 learning goals and 6 grand learning goals which included the principles of law, patient's rights, legal responsibility, patient's safety, regulation on nursing practice and patient's rights protection. Evaluation of the program showed that the mean for program evaluation was 3.43 (SD=.37). Conclusion: This diagnostic evaluation program could be an efficient method for teachers and learners to improve nurses' behavior in protecting the patient's rights and preventing malpractice claims.

• Child Health Nursing Research
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• v.21 no.4
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• pp.311-319
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• 2015

Purpose: To reilluminate academic fundamentals and missions of child health nursing (CHN). Methods: Critical review of literature. Results & Conclusion: The academic fundamentals of CHN were analyzed for three different basis; philosophical, theoretical, and legal & ethical basis. The philosophical basis of CHN was summarized as six beliefs; A child is an important human resource and a valuable asset for future society; A child should be respected as a unique and dignified human being; A child has his/her own unique developmental needs; A child is a vulnerable client and should be advocated for; Atraumatic care should be provided to each child; Child health care should be family-centered. The essence of the theoretical basis were reilluminated into caring theory and client advocacy theory. The legal basis of CHN was stated as pertaining to the various child-related laws and international conventions, such as UN Convention on the Rights of the Child. The ethical basis were stated as 4 principles of biomedical ethics and The UNESCO Universal Declaration on Bioethics and Human Rights. The mission of the CHN was stated and the role of CHN was described as one who is a child rights advocator, professional caring service provider, policy maker, health educator, researcher.

• International Commerce and Information Review
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• v.8 no.1
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• pp.243-257
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• 2006

This study is to introduce the Chinese Contract Law against non-performance of the contract and to solve the wide range of problems involving to executing the trading contract. The parties' liability for the period of performance, the place of performance, the failure to deliver conforming goods together with it's nature of the lack of conformity, and the methods of compensation against damages and the force majeure clauses application. Those issues affect directly to commercial transactions in international business. The focus is more on the interrelationship of private individuals in its trade and on aiming to remove the legal obstacles from the Chinese Contract Law to freely flow of international trade. Reference may include foreign corrupt practices, Conventions on Contracts for the International Sale of Goods and Laws of England, France, and Japan. This study has brought the efforts of these issues in the full spectrum of performance and with concentrations on effectiveness to avoid the different viewpoints of the general principles of CISG and commercial practice founded pre-eminently. This study, in presenting the legal framework, will contribute to a better understanding of the purpose of rules of Chinese Contract -Law as they interact to the benefit of the parties involved in international trade transactions. The writer believes that a problem-oriented approach and the concentration as outlined above would offer a different perspective for law faculty teaching in this area and hope that this study can be sufficiently diverse to satisfy many of those views.