• 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.

• Journal of Korean Academy of Nursing Administration
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• v.5 no.1
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• pp.77-86
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• 1999

The purpose of this study is to look into nurse's legal duty and to analyze influencing factors, by reading through precedents in nursing-related malpractice cases. 157 clinic nurses and 40 head nurses who were working in 3 university hospitals in the area of Seoul and KyongKi province were surveyed with pre-set questionnaires which were based on 20 cases and to compare precedents with nurses' attitudes. Independent variables were demographic characteristics, job characteristics, experience and education, and personal characteristics. Dependent variables were the extents of understanding in their duty. To analyze the extent of duty understanding t-text. ANOVA, and multiple regression were performed according to the characteristics of each study subject. Main findings are as follows; 1. $X^2$ test was performed for each hospitals and job category. The existence of religion and job-related advisers were significantly different according to hospitals and job categories. The existences of the orientation for nursing, education, and meeting were significantly different according to hospitals. 2. The extent of duty understanding according to the subject characteristics was assessed by means of median. Each case was given the median. 12 cases(46%)out of 26 cases demonstrated the median of more than 6 showing high extent of understanding. 3. When $X^2$ test was performed. the extent of duty understanding was significantly different in the areas of marriage status. the existence of meetings. and the experience of having dispute. When multiple regression(stepwise method) was performed, above variables were not statistically significant. 4.As result of comparative analysis on precedents and nurse's attitudes. it is 4 cases that nurse's attitudes is more active than precedents and it is 9 cases that nurse's attitudes is more passive than precedents and it is 4 cases that nurse's attitudes is parallel with precedents. This study does not present statistical model which can integrate all the cases. The significance of this study is in that it generalized and assessed the nurses' understanding of duty based on nursing -care which was legally disputed and compared nurse's attitude with precedents.

• The Journal of Internal Korean Medicine
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• v.42 no.6
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• pp.1303-1318
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• 2021

Objectives: The aim of this study was to examine the debate on the use of medical devices between Western Medicine and Korean Medicine, as this is one of the greatest conflicts in Korea's medical profession. Judicial precedents and interpretations of authority serve as regulations because medical affairs law states that Korean Medicine practices are ambiguous. Method: We conducted a search in the Korean RISS, OASIS, and DBPIA databases using several keywords associated with medical devices, Korean Medicine, and Korean Medicine Doctors. The search period was until November 5 2021. The retrieved papers were classified according to the selection and exclusion criteria by checking the title, abstract, and text. For precedents, searches were done regarding comprehensive legal information, etc., and in the case of non-disclosure precedents, we requested access to the precedents by web-court requests. Results: A total of 80 documents were found as a result of the search, and 13 publications were included in the study. The selected publications were classified and analyzed by this research team into Korean medicine, Western medicine, and legal or state agency research. In the existing literature and judgments, the arguments that played a major role changed depending on the time the judgment was made. "Social conventions", "curriculum", "academic principles", and "health and hygiene dangers" were the key arguments. Conclusions: Further studies will be needed that can comprehensively arrange the existing literature and clinical results, and continuous study will be needed to verify that the use of medical devices by Korean medicine doctors is helpful for prognosis and accurate treatment of their patients.

• Korean Journal of Social Welfare
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• v.66 no.2
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• pp.31-49
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• 2014

The purpose of this study is to analyze precedents related with child abuse for protection of the rights of the child. There should be the law related with 'punishment for child abuse,' which is the grounds of punishment, to make a precedent in the law punishing for 'child abuse,' but there is the concept only for 'child abuse' in the Child Welfare Law, the fundamental law; therefore, for a direct judgment for punishment, only precedents of 'child abuse' related with loss of parental rights and judgements for criminal cases, civil cases and laws covering special cases have been made. For that reason, 'the special law related with punishment for child abuse cases' is desperately required (On last December 23, 2013, the special law related with punishment for child abuse cases passed the National Assembly). Hence, precedent analysis had performed by grouping precedent from 2000 to 2013 which were not judged as child abuse in trial but can be regarded as child abuse. When analyzing each precedent according to the contents of analysis and judgment by fact relevance in this study, problems which the current legislative system has were deducted through an implication of each case by diagnosing using diagraming after classifying lower instance terminated cases, which precedents of the Supreme Court and judgments sent to the Supreme Court were excluded, while excluding cases settled in the civil level and classifying analysis of civil case precedents which did not become a criminal case and completed as a civil case, analysis of criminal case precedents, classification of precedents of loss of the parental rights (regarding child abuse) and precedents of any other special laws. And compensatory tasks for special laws regarding punishment of child abuse were presented while suggesting compensatory tasks for the legislation regarding deducted problems.

• 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.

• Journal of architectural history
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• v.5 no.2 s.10
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• pp.83-95
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• 1996

Computerized visual database construction of architectural precedents has just begun in some research institutes in the world. In Korea the first visual database has shown its testl version by S architectural design firm in september 1996. In this article the author discusses the historical contexts and the recent computerization cases, the traits, the uses and the limits of architectural visual database system of precedents. The forms and contents of data fields in two cases are compared with a focus on the description of architectural traits of each data entry. Compared to the KIA format, the S database has better performance for architectural design reference because it collects more pictures and drawings and larger texts for the field of architectural chracteristics. But this latter also is constrained by its capacity of memory and so lacks the reciprocity of the DOORS in the Graduate School of Design, Harvard University. A visual database system which has more flexible allocation of memory and respondent with the users is yet to be prepared. But this system also should be maintained by some experts in architectural history, theory and criticism, because their knowledge is essential for selection of precedents and revision of the data description. A full-fledged electronic visual database in architecture will not only save much effort for the architect, but also will change the architects' design behavior. Nevertheless this does not mean the automatic promotion of architects' creativity.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.59-80
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• 2014

The Medical Affairs Law regulates that Medical Doctor and Korean Medical Doctor(KMD) can practice in the boundary of each licence. But there is no clear provision to explain what practice in the boundary of MD's permitted region and what is KMD's. Moreover practice over the boundary of licence could be punished as a violation of the Law. KMD's use of medical devices have been objects of legal conflicts in the field. Because there is no clear provision in the Law, judical precedents have played the role as practical and final regulations. In this study, analyses on some judical precedents could show some rationales whether an issued KMD's use of medical devices is in the boundary of license. The courts considered the theories based on the practice, the level of required specialty and education, and the probability of danger to a patient. The judical precedents should be reviewed more precisely in the respects that it is adaptable in "the written law system"and it is desirable to divide boundaries between MD's and KMD's.

• Journal of Convergence for Information Technology
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• v.7 no.5
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• pp.157-167
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• 2017

This study aims to establish measures to prevent emotional abuse by analyzing court precedents related to emotional abuse at daycare centers of Korea. For this, ten precedents of first trial and four precedents of appellate trial related to emotional abuse were analyzed in depth. In the results of study, there were diverse types of emotional abuse at daycare centers such as assaulting(hitting head, face, and buttocks with hands and feet), throwing things, neglecting, forcefully feeding food, stopping mouth with handkerchief and wet tissue, skipping meals, and showing scary images. And the main issues of precedents included the matter of justifiable act as circumstances precluding wrongfulness, and the matter of applying the joint penal provision. Based on such results, the measures to prevent emotional abuse at daycare centers were suggested.

• 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.

• Journal of Digital Convergence
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• v.16 no.6
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• pp.1-8
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• 2018

This study examined the major precedent variables that could affect e-learning users' attitudes in two highly-networked countries and a sharply-spreading country in East Asia, namely South Korea, Vietnam, and Singapore. This research also reviewed why e-learners were using the Internet for their study and unveiled cross-national differences in antecedents of online activities, motivations, intention to use, and enhancement in performance among three countries. This paper could see if there were any differences in precedents of e-learning among the countries by ANOVA. Plus, the study uncovered that what precedents impacted the follow-ups of e-learning by regression analysis in each country. The paper found out that differences in social and cultural aspect influenced on the precedents and the follow-ups of e-learning among the countries. For example, Korean learners had stronger utilitarian motivations for e-learning while the Vietnamese and the Singaporean did not. Korean and Singaporean learners were more strongly influenced to visit e-learning sites by their friends and lecturers than the Vietnamese.