• The Korean Society of Law and Medicine
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• v.8 no.1
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• pp.179-211
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• 2007

To succeed the claim of medical malpractice litigation, the patient as a plaintiff should establish the medical fault of a physician as a defendant, and the causation between the fault and damages. Because of the extraordinary nature of medical province, however, this application of a legal principles is rigorous with the patient. In addition, given the causation between the validation of physician's fault and damage is not attested, patient is not awarded anything. In order to overcome a difficulty of patient's verification and ensure the right to fair process, it was demonstrated the lightening of burden of proof in medical malpractice litigation and the acceptance of the responsibility for an illegal act in a prescribed range in the absence of the causation between the physician's fault and damage. This paper deals with the judgement of causation and burden of proof in medical malpractice litigation, and the acceptance of responsibility in the absence of the causation between the physician's fault and damage. Also, this study recommends a tendency of our precedent through the comparative case method of ours and Japan.

• The Korean Society of Law and Medicine
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• v.10 no.1
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• pp.389-420
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• 2009

Main Issue of Supreme Court Decision 2005Da16713 Delivered on June 24, 2005 is about the duty of medical care in the interhospital transfer of patients. According to the above Supreme Court Decision, in the interhospital transfer of patients, the decision to transfer should make from the aspect of medical treatment. The hospitals and doctors keep the duty of medical care. In addition to the duty for hospitals/doctors to check the capacity and availability of the hospital to which the patient is transferred, there are also duties to inform about emergency medical service and to sufficiently explain the need for the transfer, the medical conditions of the patient to be transferred and the hospital from which the patient is transferred. The hospital to which the patient is transferred must be thoroughly informed about matters such as the patient's conditions, the treatment the patient was given and reasons for transfer. including information upon referral, completeness of medical records, patient monitoring and so on. The interhospital transfer requires the consent of doctor belonging to the hospital to which the patient is transferred after the consideration of capacity and availability of the hospital and the informed consent of patients or legal representatives.

• Health Policy and Management
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• v.33 no.2
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• pp.214-222
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• 2023

Refugees who are persecuted can apply for refugee recognition in the Republic of Korea in accordance with the Refugee Convention and the Refugee Act. They can do so either at the port of entry or during their stay in Korea. After undergoing screening, individuals may be recognized and protected under different categories, such as recognized refugees, humanitarian status holders, refugee applicants, and refugees seeking resettlement. Recognized refugees are entitled to the same social benefits and basic livelihood guarantees as Korean nationals. Humanitarian status holders and refugee applicants may receive support such as minimum living expenses, housing facilities, medical care, and education. In the medical field, refugees and their unmarried minor children are eligible for medical support through the "Medical Service Support Project for Marginalized Populations, Including Foreign Workers." This support is in addition to the national healthcare coverage and medical benefits provided by the government. However, there are pressing concerns regarding the inadequate budget allocated to this project and the excessive cost burden placed on participating medical institutions. It is crucial to secure additional funding and implement administrative improvements. Furthermore, it is essential to develop medical support measures that ensure the minimum right to health for individuals who choose not to undergo the refugee recognition process at the port of entry.

• Journal of Arbitration Studies
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• v.24 no.1
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• pp.111-132
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• 2014

Recently, there have been discussions about the necessity of consumer arbitration such as ADR. The debate has progressed, because this area of arbitration has expanded into the press and medical fields. However, there is not an act for regulating consumer arbitration in South Korea. Thus, this issue has been deliberated at UNCITRAL Working Group III. The core issue of this deliberation is the validity of consumer arbitration. Especially if a pre-dispute arbitration agreement is contracted online, it progresses by using standardized terms; therefore it is possible that the Standardized Terms Regulating Act judges the relevant terms. This thesis consists of the following: First, concepts and categories of arbitration agreements. These include arbitration agreement, pre-dispute arbitration agreement, and arbitration agreement through standardized terms. Second, the validity of the above agreements will be discussed. There are three positions concerning their validity: affirmative as de lege ferenda, negative, and restrictively negative. Similar discussions concerning German law and cases would be helpful to specify and compare the issue. When a consumer arbitration agreement is contracted through standardized terms, it is necessary that the required formality of the agreement has been satisfied, before the effect of the agreement may be regulated by the German Civil Code.

• KSBB Journal
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• v.31 no.2
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• pp.126-134
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• 2016

To examine the possibility of using Musa sapientum L. (Banana) leaf extract as a cosmetic raw material, banana leaves grown in Jeju Island were extracted with 70% ethanol. Polysaccharides present in banana leaf extract were discarded by precipitation with cold ethanol. Polysaccharide-discarded banana leaf extract promoted procollagen and COL1A1 gene expression, but inhibited matrix metalloproteinase (MMP)-1 and MMP-2 gene expression in human skin fibroblasts when examined by real-time reverse-transcription polymerase chain reaction (RT-PCR) and enzyme-linked immunosorbent assay (ELISA). The active compound in banana leaves was identified by fractionation with various solvents. The chloroform fraction showed the highest anti-wrinkle efficacy and the active compound of chloroform fraction was identified as corosolic acid by NMR, FT-IR, EA, and HPLC-MS. In addition, banana leaf extract showed anti-oxidative efficacy with an IC50 value of 67.91 ppm, as determined by DPPH free radical scavenging assay. Finally, the anti-wrinkle efficacy of banana leaf extract-containing cream was confirmed by clinical tests. Based on these results, banana leaves could have an application as a cosmetic raw material with anti-wrinkle efficacy.

• Journal of Technologic Dentistry
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• v.36 no.4
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• pp.257-266
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• 2014

Purpose: This report intend to provide basic materials of Musculoskeletal diseases prevention program development and preventive measures establishing by surveying Musculoskeletal symptoms. Musculoskeletal disease and Musculoskeletal disease prevention act about dental technician in Daegu. Methods: From October. 2012 to November. 2012 by conducting self - survey using questionnaire and use unit490 final analysis data. Results: In dental Technicians, as the musculoskeletal symptoms back or waist pain rate appear such as 28.2% and as the musculoskeletal disorders, the shoulder region pain complaint rate appear highly such as 87.4%. Musculoskeletal disease prevention act was highly appeared man more than women, the married than the unmarried, over 10 years dental experience, fewer working hours per day, the average monthly income is greater regular medical check-up dental technician than technician who do not. As working environment, In case working in laboratory whch dust is well ventilated and with a barrier, Musculoskeletal disease prevention act rate was highly appeared more than another technician who do not. Conclusion: We must prepare an effective preventive measures. To development Musculoskeletal disease prevention program suitable for dental technic working and make obliged to practice.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.16 no.2
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• pp.587-608
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• 2022

The European Union recently established the General Data Protection Regulation (GDPR) for secure data use and personal information protection. Inspired by this, South Korea revised their Personal Information Protection Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, and the Credit Information Use and Protection Act, collectively known as the "Three Data Bills," which prescribe safe personal information use based on pseudonymous data processing. Based on these bills, the personal data store (PDS) has received attention because it utilizes the MyData service, which actively manages and controls personal information based on the approval of individuals, and it practically ensures their rights to informational self-determination. Various types of PDS models have been developed by several countries (e.g., the US, Europe, and Japan) and global platform firms. The South Korean government has now initiated MyData service projects for personal information use in the financial field, focusing on personal credit information management. There is also a need to verify the efficacy of this service in diverse fields (e.g., medical). However, despite the increased attention, existing MyData models and frameworks do not satisfy security requirements of ensured traceability, transparency, and distributed authentication for personal information use. This study analyzes primary PDS models and compares them to an internationally standardized framework for personal information security with guidelines on MyData so that a proper PDS model can be proposed for South Korea.

• BMB Reports
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• v.36 no.1
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• pp.60-65
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• 2003

Cancer is frequently considered to be a disease of the cell cycle. As such, it is not surprising that the deregulation of the cell cycle is one of the most frequent alterations during tumor development. Cell cycle progression is a highly-ordered and tightly-regulated process that involves multiple checkpoints that assess extracellular growth signals, cell size, and DNA integrity. Cyclin-dependent kinases (CDKs) and their cyclin partners are positive regulators of accelerators that induce cell cycle progression; whereas, cyclin-dependent kinase inhibitors (CKIs) that act as brakes to stop cell cycle progression in response to regulatory signals are important negative regulators. Cancer originates from the abnormal expression of activation of positive regulators and functional suppression of negative regulators. Therefore, understanding the molecular mechanisms of the deregulation of cell cycle progression in cancer can provide important insights into how normal cells become tumorigenic, as well as how cancer treatment strategies can be designed.

• Journal of Pharmacopuncture
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• v.21 no.4
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• pp.226-240
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• 2018

Neuroprotection or prevention of neuronal loss is a complicated molecular process that is mediated by various cellular pathways. Use of different pharmacological agents as neuroprotectants has been reported especially in the last decades. These neuroprotective agents act through inhibition of inflammatory processes and apoptosis, attenuation of oxidative stress and reduction of free radicals. Control of this injurious molecular process is essential to the reduction of neuronal injuries and is associated with improved functional outcomes and recovery of the patients admitted to the intensive care unit. This study reviews neuroprotective agents and their mechanisms of action against central nervous system damages.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.197-225
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• 2015

The presentation of this paper was triggered by the spread of MERS in Korea in the year 2015. The analysis of the present acts related with MERS is necessary in order to cope efficiently with any probable spread of such infectious diseases as MERS in future. The acts that should be analyzed in this paper include 'Medical Service Act' and 'Infectious Disease Control And Prevention Act' (hereafter, IDCAPA). At first the classification of the infectious diseases in IDCAPA should be referred to. The Act does not properly classify them because the scope of concept of each group of the infectious diseases overlaps each other. This overlap should be removed. The present system in IDCAPA is not proper for the efficient notification and reporting of the infectious disease patients. This is so in some viewpoints including the persons obligated to make the notification and reporting, the persons to whom they should notify and report such patients, and the process of notification and reporting. The efficient approach to the information related with the infectious disease is necessary for the rapid prevention of its spread. Cohort isolation and quarantine of the infectious patients and exposed contacts are the strongest and most efficient steps for the prevention of spread of the infectious diseases. One of the great problems related with such steps would be the conflict of powers or attributions, the likelihood of which is inevitable under the present system of IDCAPA. The IDCAPA distributed the power or attribution to take the steps to the three governments including the central government, the metropolitan government and the primary local government. The power should be concentrated in the central government, which could afford financially to compensate for the huge amount of damages caused likely by the steps. The power to take the steps would be actually just a useless thing for its holder without such financial capacity. The remedy for the victims by the fault of spreader should be approached to in the sense of national wealth. The general principle of tort law could not supply the victims with the sufficient remedy because the damages would be likely too huge for the wealth of such spreader to cope with. In future another parliamentary inspection could reveal another problems in the administration by the government of the MERS event in the year 2015. Any problem caused by defect in the legal system of the control and prevention of the infectious diseases should be taken into consideration when the legal system would be reformed in future.