• Title/Summary/Keyword: medical act

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The Adult Guardianship and Medical Issue According to the Amendments of Civil Code (성년후견과 의료 -개정 민법 제947조의 2를 중심으로-)

  • Park, Ho-Kyun
    • The Korean Society of Law and Medicine
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    • v.13 no.1
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    • pp.125-153
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    • 2012
  • The adult guardianship system has been introduced through amendments of Korean Civil Code for the first time in the March 2011(Act No. 10429, 7. 1. 2013. enforcement). The adult guardianship system has the main purposes to provide a lot of help vulnerable adults and elderly, and protect them on the welfare related with property act, treatment, care, etc. There could be a controversy about whether the protection Legal Guardian's consent(formerly known as the Mental Health Act) or permission of the Family Court(revised Civil Code) are required to, or the Mental Health Act should be revised, when mental patient will be hospitalized forcibly. The author proposes that mental patient with Adult guardians should be determined by Legal Guardian's consent and approval of the Family Court, but mental patient without Adult guardians could be determined by Legal Guardian's consent. The issue of Withdrawing of life-sustaining treatment could be occurred due to the aging society and the development of modern medicine, and this has provided difficult, various problems to mankind in Legal, ethical, and social welfare aspects. The need of Death with dignity law or Natural death law has been reduced for a revision of the Civil Code. Therefore, on the issue of Withdrawing of life-sustaining treatment, in the future, intervention of the court is necessary in accordance with the revised Civil Code Section, and Organ Transplantation Act and the brain death criteria may serve as an important criterion.

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Change in the Gastro-Intestinal Tract by Overexpressed Activin Beta A

  • Kim, Mi-Nyeu;Kim, Young Il;Cho, Chunghee;Mayo, Kelly E.;Cho, Byung-Nam
    • Molecules and Cells
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    • v.38 no.12
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    • pp.1079-1085
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    • 2015
  • Originally, activins were identified as stimulators of FSH release in reproduction. Other activities, including secondary axis formation in development, have since been revealed. Here, we investigated the influence of activin ${\beta}_A$ on the body, including the gastro-intestinal (GI) tract. Initially, the activin ${\beta}_A$ protein was detected in the serum proportional to the amount of pCMV-rAct plasmid injected. The induced level of activin ${\beta}_A$ in muscle was higher in female than male mice. Subsequent results revealed that stomach and intestine were severely damaged in pCMV-rAct-injected mice. At the cellular level, loss of parietal cells was observed, resulting in increased pH within the stomach. This phenomenon was more severe in male than female mice. Consistent with damage of the stomach and intestine, activin ${\beta}_A$ often led to necrosis in the tip of the tail or foot, and loss of body weight was observed in pCMV-rAct-injected male but not female mice. Finally, in pCMV-rAct-injected mice, circulating activin ${\beta}_A$ led to death at supraphysiological doses, and this was dependent on the strain of mice used. Taken together, these results indicate that activin ${\beta}_A$ has an important role outside of reproduction and development, specifically in digestion. These data also indicate that activin ${\beta}_A$ must be controlled within a narrow range because of latent lethal activity. In addition, our approach can be used effectively for functional analysis of secreted proteins.

Proposal for a Change of the Name of the '과Gwa (Academic Department)' Operated by the Colleges to the '학과Haggwa (Academic Department)': School Regulations and Higher Education Act (전문대학에서 운용 중인 '과' 명칭을 '학과'로 변경 제안: 학칙과 고등교육법)

  • Bon-Kyeong KOO;Hyun Ho SUNG;Min Woo LEE
    • Korean Journal of Clinical Laboratory Science
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    • v.56 no.2
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    • pp.181-187
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    • 2024
  • The purpose of this study was to change the '과gwa (academic department)' operated by the college to the '학과haggwa (academic department).' Although they are in a lower order in the legal system, "the Regulations for the Establishment and Operation of University and College" and "the Public Notice on the Establishment of a 3-year Course at College" use '학과haggwa' regardless of the type of school. On the other hand, "the Higher Education Act and the Enforcement Decree of the Higher Education Act" use '과gwa' for colleges. The department name can be changed from '과gwa' to '학과haggwa' through a revision of school regulations in promoting the establishment of a major and the operation of the curriculum. In this study, it is considered reasonable to operate the name of '학과haggwa' in an associate degree course or higher.

Legal Issues in Protecting and Utilitizing Medical Data in United States - Focused on HIPAA/HITECH, 21st Century Cures Act, Common Law, Guidance - (미국의 보건의료데이터 보호 및 활용을 위한 주요 법적 쟁점 -미국 HIPAA/HITECH, 21세기 치료법, 공통규칙, 민간 가이드라인을 중심으로-)

  • Kim, Jae Sun
    • The Korean Society of Law and Medicine
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    • v.22 no.4
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    • pp.117-157
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    • 2021
  • This research reviewed the HIPAA/HITECH, 21st Century Cures Act, Common Law, and private Guidances from the perspectives in protecting and utilitizing the medical data, while implications were followed. First, the standards for protection and utilization are relatively clearly regulated through single law on personal medical information in the United States. The HIPAA has been introduced in 1996 as fundamental act on protection of medical data. Medical data was divided into personally identifiable information, non-identifying information, and limited dataset under HIPAA. Regulations on de-identification measures for medical information, objects for deletion of limited data sets, and agreement on prohibition of data re-identification were stipulated. Moreover, in the 21st Century Cures Act regulated mutual compatibility for data sharing, prohibition of data blocking, and strengthening of accessibility of data subjects. Common Law introduced comprehensive consent system and clearly stipulates procedures. Second, the regulatory system is relatively simplified and clearly stipulated in the United States. To be specific, the expert consensus and the safe harbor system were introduced as an anonymity measure for identifiable medical information, which clearly defines the process while increasing trust. Third, the protection of the rights of the data subject is specified, the duty of explanation is specified in detail, while the information right of the consumer (opt-out procedure) for identification information is specified. For instance, the HHS rule and FDA regulations recognize the comprehensive consent system for human research, but the consent procedure, method, and requirements are stipulated through the common rule. Fourth, in the case of the United States, a trust-based system is being used throughout the health and medical data legislation. To be specific, Limited Data Sets are allowed to use in condition to the researcher's agreement to prohibit re-identification, and de-identification or consent process is simplified under the system.

A Study of the virtue terms in herbal medicine (본초 효능 용어에 관한 연구)

  • Oh, Yong-Taek;Lee, Byung-Wook;Kim, Eun-Ha
    • Journal of Korean Medical classics
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    • v.23 no.5
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    • pp.35-50
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    • 2010
  • By grouping freshly the virtue terms used in herbal medicine, we are apt to establish the position coordinates of concepts and raise the level of the herbal virtue research in future. As the terms related to the herbal virtue used in herbal medicine are used with the virtue terms mingled with the chief treatable disease terms, it's hard to use the herbal virtue data only. And though the virtues terms imply many data like medical act data or medical operation data, we can't use them fully. We sort the terms related to the herbal virtue into the virtue terms and the chief treatable disease terms and acquire many data like medical act data or medical operation data and group the data by same attribute. At this time in the process of classification we establish sort standards inductively, put relations between the attributes in order, out of this result we grasp the actual conditions of the virtue terms used now, and show useful data for herbal virtue research in future. We got the chief treatable disease terms from the ones related to the herbal virtue, acquired a lot of data from the virtue terms and grouped the data by the same attribute. We established a proper standard inductively in the process of classification, put the relations between the attributes in order, grasped the actual conditions of the virtue terms in use at the moment out of the result of the classification and presented the applicable data for the herbal virtue research in future.

IRB review points for studies utilizing paraffin blocks archived in the pathology laboratory

  • Kim, Yong-Jin;Jeong, Chang Rok;Park, Jeong Sik
    • Journal of Yeungnam Medical Science
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    • v.35 no.1
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    • pp.36-39
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    • 2018
  • In the personalized medicine era, utilizing paraffin blocks in pathology archives for investigating human diseases has come into the limelight. This archived material with clinical data will reduce the research time and could prevent new patient recruitment to obtain tissue for research. However, the clause indicating the necessity of consent from human material providers in the Korean Bioethics and Safety Act has made the Institutional Review Board (IRB) deny permission to use paraffin blocks for research without consent, and alternatively to get the same before starting an experiment. Written consent may be waived off in studies using paraffin blocks with anonymous status or conditions not linked to personal information by applying the paragraph 3, article 16 of the current Bioethics and Safety Act. Also, the IRB should recommend researchers to preserve the blocks as medical records of patients in long-term archives.

A Repeated-dose 28-Day Oral Toxicity Test of Aconitum jaluense Extract in Sprague-Dawley Rats (초오 추출물의 Sprague-Dawley 랫드를 이용한 28일 반복 경구투여독성시험)

  • Lee, Jong Suk;Lee, Ji Sun;Park, Yeong-Chul;Choi, Sun Mi;Lee, Sanghun
    • YAKHAK HOEJI
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    • v.58 no.1
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    • pp.62-70
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    • 2014
  • A 28-day repeated-dose oral toxicity test was performed to determine the no-observed-effect level (NOEL) and establish an optimum dose of the highly toxic Aconiti Ciliare Tuber (ACT) used as a folk remedy. Repeated oral doses of 1,250, 2,500, and 5,000 mg/kg/day of the hot water extract of ACT were administered to five male and five female Sprague-Dawley rats in each group for 4 weeks. The indicators for toxicity included results of examination of common symptoms and changes in weight and feed intake, eye test, urinalysis, hematological and serum biochemical analyses, and post-mortem weight measurement of organs, and visual inspections. All animals survived at the end of the experiment; in addition, we observed no specific test substance-mediated symptoms. We observed no test substance-mediated changes in body weight and feed intake. We observed statistically significant changes in male OB and pH levels (p<0.05). Further, the biochemical test showed statistically significant changes in the IP value of male rats and $CL^-$valueoffemalerats (p<0.05). However, all changes were within historical data. The post-mortem examinations showed no test substance-mediated changes. Moreover, statistically significant changes under the test conditions were confirmed to have been caused by factors other than the test substance. Thus, the maximum NOEL of ACT extract in rats was estimated to be 5,000 mg/kg/day.

Analysis of Status of Radiation/Radioisotopes Utilization

  • Park, Chan Hee;Lee, Seung Hyun;Kim, Na Kyung;Kim, Kon Wuk
    • Journal of Radiation Protection and Research
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    • v.42 no.1
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    • pp.1-8
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    • 2017
  • Background: The use of radiation and radioisotopes in Korea has been increasing each year, and its impact on economy and industry is expected to be increasing progressively following the development of industrial technology and the expansion of their usage. To establish and supporting policies for industries using radiation and radioisotopes, it is necessary to check the status of related industries accurately, as well as to gather data required to establish plans for industrial development by studying both revenues and economic scale (contributing to revenue). Materials and Methods: To analyze the status of utilization, surveys were carried out on 6,621 organizations engaged in nuclear operations handling radiation and radioisotopes pursuant to the Nuclear Safety Act as of end 2014, on 33,471 medical institutions using radiation generators for medical and diagnostic purposes pursuant to the Medical Service Act, and on 2,218 organizations using radiation generators for animal diagnostics pursuant to the Veterinary License Act. Results and discussion: The overall status of the domestic radiation market including the number of user organizations, that of employees, and the size of distributions (imports, productions, and exports) with which the scale of domestic radiation market can be judged showed a growth trend compared to the previous year, though the number of employees for radiation operation in industrial sector, research sector, education sector, military sector, and power plants (nuclear power plants) and the size of imports was reduced somewhat. Conclusion: It is expected that data acquired through periodic surveys on the status of utilization would be utilized practically in establishing governmental policies related to the promotion of usage of radiation and radioisotopes, and also be utilized widely in cultivating and developing the industry efficiently to invigorate the related industries.

A Review about the Penal Provision relating False and Exaggerated Advertising.Indication of the Special Law - Centering on the area of Health.Medical.Biotechnology - (특별법상 허위.과장광고 및 표시에 관한 형사처벌 조항에 대한 검토 -보건의료 및 생명공학분야를 중심으로-)

  • Shim, Young Joo
    • The Korean Society of Law and Medicine
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    • v.15 no.1
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    • pp.165-181
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    • 2014
  • Advertisements and labels provided by businesses are highly likely to contain false or exaggerated content because of the business's purposes. In these cases, it is difficult to deliver proper information to consumers, and regulation is necessary to some extent. In particular, information delivery is more important in the health medical and biotechnology areas than any other because of their specialized characteristics. The Fair Labeling and Advertising Act regulates ordinary content for labels and advertisements, while individual laws stipulate regulations for false or exaggerated advertisements and labels. Criminal law might apply in fraud cases depending on their characteristics. Therefore, consistency is needed among criminal fraud laws and regulations, the Act on Fair Labeling and Advertising, and legal punishment. However, a review of all these laws found that there is no such consistency. Accordingly, this paper asserts the need for improvement in this area.

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Ethical Issue of Physician-Assisted Suicide and Euthanasia

  • Myung Ah Lee
    • Journal of Hospice and Palliative Care
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    • v.26 no.2
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    • pp.95-100
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    • 2023
  • With the implementation of Act on Hospice and Palliative Care and Decisions on Life-Sustaining Treatment for Patients at the End of Life, interests of the general public on self-determination right and dignified death of patients have increased markedly in Korea. However, "self-determination" on medical care is misunderstood as decision not to sustain life, and "dignified death" as terminating life before suffering from disease in terminal stage. This belief leads that physician-assisted suicide should be accommodated is being proliferated widely in the society even without accepting euthanasia. Artificially terminating the life of a human is an unethical act even though there is any rational or motivation by the person requesting euthanasia, and there is agreement thereof has been reached while there are overseas countries that allow euthanasia. Given the fact that the essence of medical care is to enable the human to live their lives in greater comfort by enhancing their health throughout their lives, physician-assisted suicide should be deemed as one of the means of euthanasia, not as a means of dignified death. Accordingly, institutional organization and improvement of the quality of hospice palliative care to assist the patients suffering from terminal stage or intractable diseases in putting their lives in order and to more comfortably accept the end of life physically, mentally, socially, psychologically and spiritually need to be implemented first to ensure their dignified death.