• Title/Summary/Keyword: medical act

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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.

Examination on Expanding the Scope of Emergency Medical Technicians (응급구조사 업무범위 확대에 관한 고찰)

  • Kyong-Jin Park;Hyun-Mi Kim
    • Journal of the Korean Society of Industry Convergence
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    • v.27 no.4_2
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    • pp.815-824
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    • 2024
  • The purpose of this study was to examine the scope of work of femergency medical technician who can directly affect the resuscitation of emergency patients at the pre-hospital stage. As a result of the main study, the overall level of the subjects' work scope expansion averaged 3.34points(out of 5points), and among the items, 'The scope of work of emergency medical personnel should be expanded by revising the Act on emergency medical cars' was the highest. As for the difference in the expansion of the scope of work of paramedics by position, 'The current telemedicine guidance system is inconvenient to use' was the highest for emergency medical technicians, and there was a statistically significant difference(p<.01). Based on this study, it is believed that repeated studies are needed to establish and generalize the scope of work of paramedics.

A Study on the Recent Labor-Management Dispute Cases at Medical Institutions (의료기관 노사분규 사례분석연구)

  • Shin, Gang-Wook;Yu, Seung-Hum;Kim, Young-Hoon;Kim, Tae-Woong
    • Korea Journal of Hospital Management
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    • v.14 no.1
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    • pp.123-144
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    • 2009
  • Recently, a long strike by hospital labor union emerged as a serious social issue. During the Worldcup Games in June, 2002, labor strikes broke up at 'C', 'K' and other hospitals, and in 2007, 'Y' hospital suffered much from a strike. Such series of extreme labor disputes have awakened people of importance of a more stable labor-management relationship for the medical institutions responsible for people's health than any other business organization. The purpose of this study was to examine the labor-management disputes at 'Y' hospital in 2007 and 'C' and 'K' hospitals in 2002. The results of this study can be summarized as follows; First, requests of the labor union such as pay raise, reemployment of the irregular workers as regular employees and participation of the labor union in personnel affairs are the long-held or core issues suffered by the medical institutions. Such issues are not independent from each other but complicated with each other surrounding the pay raise. Accordingly, it is not easy to determine the genuine bone of issue for labor-management disputes. Second, the model type of disputes between labor and management at medical institutions may be strike. However, it is conceived that the type of disputes would be subject to change as the essential medical service area system began to be operated since 2008. Third, the common characteristic of the labor strike among the 3 sample hospitals was occupation of the hospital lobby for a sit-in strike to maximize the negative effects of strike. Article 42 (Prohibition of Violence) of Labor Union and Labor Relation Coordination Act prohibits occupation of production or other important business facilities. In addition, since Ministry of Labor interprets that the hospital lobby belongs to the important business facilities enumerated by Article 42 of the above act, occupation of the hospital lobby for a sit-in strike may be too controversial to be admitted as a fair act of labor dispute when its legitimacy should be judged. Fourth, the counter-measures taken by the hospitals against the strike were observance of the principle 'no labor no pay,' closure, legal action, accusation, claim for recovery of damage, provisional seizure, disciplinary punishment, etc., but the principle of 'no labor, no pay' was not applied in a fair manner by 'C' and 'K' hospitals. However, 'Y' hospital applied this principle thoroughly to the strike; the hospital conduced to correction of the wrong labor-management relationship by refusing inclusion in the labor collective agreement of a provision about payment of wage during the period of strike or labor union's request to that effect during a strike. In addition, 'Y' hospital took an effective measure to end the strike earlier by notifying the labor union of cancellation of the collective agreement and banning the unionists from entering the hospital.

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A Study on the Improvement of Domestic Medical Device Product Classification through Analysis of Medical Device Classification System in the U.S. and Europe (미국 및 유럽 의료기기 품목분류 체계 분석을 통한 국내 의료기기 품목분류 개선 연구)

  • Kang Hyeon, You;Ji Min, Son;Gyeong Min, Kwon;You Rim, Kim;Hui Sung, Lee;Won Seuk, Jang
    • Journal of Biomedical Engineering Research
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    • v.44 no.1
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    • pp.73-79
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    • 2023
  • The purpose of this study is to derive medical devices with different management systems through comparison of domestic and overseas medical device product classification systems and to propose management conversion measures for the products. The definitions of medical devices were compared and the scope of medical devices defined by each country was confirmed through surveys of the Medical Device Act, Federal Food, Drug & Cosmetics Act (FD&C) in the U.S., and Medical Device Regulations (MDR) in Europe. Using the Ministry of Food and Drug Safety's regulations on medical device products and grades, 21 CFR part 860-892 and product code classification files in U.S., and EMDN in Europe as basic data to compare medical device products and derive medical devices with different management systems. As a result of comparing the definition and product classification systems of medical devices in Korea, the U.S. and Europe, medical device accessories, prosthetic limbs and aids among assistive devices for persons with disabilities, drugs, quasi-drugs and industrial products that are not managed by medical devices in Korea are managed as medical devices in the U.S. and Europe. This study aims to improve public health by securing systematic product safety management and essential performance under medical device regulations. Management within a single medical device system will increase the efficiency of licensing work of domestic medical device manufacturers and related organizations. It is also expected to help advance the system according to the international harmony of the item classification system and enhance smooth import and export competitiveness.

Conflict resolution and political tasks on the usage of beauty care devices by beauty artists (미용업종사자의 미용기기 사용에 대한 분쟁해결과 정책적 과제)

  • Kim, Ju-Ri
    • Journal of Arbitration Studies
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    • v.27 no.2
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    • pp.83-105
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    • 2017
  • In contemporary society interest in and consumption of beauty treatment are increasing, raising interest in health and beauty. However, beauty-related laws are becoming factors of hindrance of beauty development. Currently the Public Health Control Act plays a basic role in the beauty art business in Korea, However the contents are in discord with international laws and its definition is not clear. Therefore it is causing conflicts of different occupations and job associations which are similar to art business. Especially, because neither definitions nor policies on beauty care devices exist in the Public Health Control Act, beauty care devices using in foreign countries cannot be used in Korea due to classification as medical devices. Under this circumstance, therefore, beauty care device uses by beauty artists violate the law. The government has tried to solve these irrational regulations. Recently, the Small and Medium Business Administration announced 'the improvement plan of small business and young founders site regulation for public economy recovery' in a ministerial meeting on December 28, 2016. Regulations on policy preparation for skincare devices were inclusive in this announcement. It is the question whether the regulations will be executed or not. Even though beauty industrial competitiveness was presented in the 18th Presidential Council on National Competitiveness in 2009, it was not practiced. The proposal bills for beauty law improvement have been put forth several times since 2000 including an improvement plan for regulating beauty care devices. However, so far there have been no improvements. The damage on the regulation classifying beauty devices as medical devices is not only restricted to skincare. This develops beauty devices and the beauty industry which imports and exports beauty devices. When beauty devices are exported, complicated procedures are unavoidable and when beauty devices are imported, irrational problems like reregistration procedures and costs occur. The reason why an improvement plan has not gone into practice is the resistance of the dermatologists' association. Dermatologists tend to stand positively against harming public health by saying that beauty devices used by beauty artists cause people to suffer side effects. In contrast, anyone who has a licence to use beauty devices is able to use them in foreign countries. It is not only infringement of one's right as a beauty artist but also people's right to receive beauty care services. With this reason, Korean's current law under which beauty devices are ruled as medical devices should be revised with accordance to domestic surroundings. Therefore in order to advance and globalize the beauty industry, the support and cooperation of the Korean government and relevant associations is needed to legislate and revise the beauty devices laws. The relevant associations abandon regional self-centeredness and cooperate to define ranges, size and management of beauty devices for safe use. If no collaboration exists, an arbitration agency should be established to solve the problem.

The Awareness about Medical Service Technologists, etc. Act and Job Demands of Dental Hygiene Students (치위생(학)과 학생들의 의료기사법에 대한 인식 및 업무 요구도)

  • Seo, Hye-Yeon;Choi, Yu-Ri;Kang, Min-Kyung
    • Journal of the Korea Convergence Society
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    • v.11 no.7
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    • pp.25-33
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    • 2020
  • This research is to identify the status of the curriculum based on dental hygiene programs, the awareness about medical service technologists, etc. act and job demands of students in the department of dental hygiene. The data was collected by self-reported questionnaires from 536 dental hygiene students. This data was analyzed using SPSS 19.0K program for Windows with a statistical significance level of 0.05. The level of objective awareness of the current Medical Service Technologists Act was higher for females(9.14±1.11) than for males(8.56±1.79)(p=0.043). Meanwhile, there was little difference between college and university(p=0.639), whereas the level dropped as the number of clinical practice experiences went up(p=0.045). Therefore, the law in convergence needs to be revised to reflect the reality of dental hygienists' work, and the dental community needs to change its perception that dental hygienists are not only recognized as assistant workers but also as business partners.

An Analysis of Changes in Social Issues Related to Patient Safety Using Topic Modeling and Word Co-occurrence Analysis (토픽 모델링과 동시출현 단어 분석을 활용한 환자안전 관련 사회적 이슈의 변화)

  • Kim, Nari;Lee, Nam-Ju
    • The Journal of the Korea Contents Association
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    • v.21 no.1
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    • pp.92-104
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    • 2021
  • This study aims to analyze online news articles to identify social issues related to patient safety and compare the changes in these issues before and after the implementation of the Patient Safety Act. This study performed text mining through the R program, wherein 7,600 online news articles were collected from January 1, 2010, to March 5, 2020, and examined using keyword analysis, topic modeling, and word co-occurrence network analysis. A total of 2,609 keywords were categorized into 8 topics: "medical practice", "medical personnel", "infection and facilities", "comprehensive nursing service", "medicine and medical supplies", "system development and establishment for improvement", "Patient Safety Act" and "healthcare accreditation". The study revealed that keywords such as "patient safety awareness", "infection control" and "healthcare accreditation" appeared before the implementation of the Patient Safety Act. Meanwhile, keywords such as "patient safety culture". and "administration and injection" appeared after the act's implementation with improved ranking of importance pertaining to nursing-related terminology. Interest in patient safety has increased in the medical community as well as among the public. In particular, nursing plays an important role in improving patient safety. Therefore, the recognition of patient safety as a core competency of nursing and the persistent education of the public are vital and inevitable.

Recent Trends in the Withdrawal of Life-Sustaining Treatment in Patients with Acute Cerebrovascular Disease : 2017-2021

  • Seung Hwan Kim;Ji Hwan Jang;Young Zoon Kim;Kyu Hong Kim;Taek Min Nam
    • Journal of Korean Neurosurgical Society
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    • v.67 no.1
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    • pp.73-83
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    • 2024
  • Objective : The Act on Life-Sustaining Treatment (LST) decisions for end-of-life patients has been effective since February 2018. An increasing number of patients and their families want to withhold or withdraw from LST when medical futility is expected. This study aimed to investigate the status of the Act on LST decisions for patients with acute cerebrovascular disease at a single hospital. Methods : Between January 2017 and December 2021, 227 patients with acute cerebrovascular diseases, including hemorrhagic stroke (n=184) and ischemic stroke (n=43), died at the hospital. The study period was divided into the periods before and after the Act. Results : The duration of hospitalization decreased after the Act was implemented compared to before (15.9±16.1 vs. 11.2±18.6 days, p=0.127). The rate of obtaining consent for the LST plan tended to increase after the Act (139/183 [76.0%] vs. 27/44 [61.4%], p=0.077). Notably, none of the patients made an LST decision independently. Ventilator withdrawal was more frequently performed after the Act than before (52/183 [28.4%] vs. 0/44 [0%], p<0.001). Conversely, the rate of organ donation decreased after the Act was implemented (5/183 [2.7%] vs. 6/44 [13.6%], p=0.008). Refusal to undergo surgery was more common after the Act was implemented than before (87/149 [58.4%] vs. 15/41 [36.6%], p=0.021) among the 190 patients who required surgery. Conclusion : After the Act on LST decisions was implemented, the rate of LST withdrawal increased in patients with acute cerebrovascular disease. However, the decision to withdraw LST was made by the patient's family rather than the patient themselves. After the execution of the Act, we also observed an increased rate of refusal to undergo surgery and a decreased rate of organ donation. The Act on LST decisions may reduce unnecessary treatments that prolong end-of-life processes without a curative effect. However, the widespread application of this law may also reduce beneficial treatments and contribute to a decline in organ donation.

A Study on Plot Composition of Oriental Medical Music Therapy (한방음악치료(韓方音樂治療)의 시간적 구성에 대한 연구)

  • Baik, You-Sang
    • Journal of Korean Medical classics
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    • v.23 no.1
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    • pp.203-215
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    • 2010
  • Music is composed according to time flow. In case of music therapy, it is the most important thing and this properties must be emphasized in operation, also act as one of the most important elements that increase the effect of medical treatment. Especially in the case of Oriental Medical music therapy, we must consider the change of time and space, so determine the direction and methods of treatment. In order to compose the music therapy process according to time flow[plot composition], first we have to analyze the musical and literary works that have step-by-step composition. Next we must consider how Gi(氣) changes occur in the base of principle of Eumyang(陰陽) and Ohaeng(五行). When the rule of composition as time flow is grafted onto Oriental Medical music therapy, native characteristics of music would have significance.