• Title/Summary/Keyword: prevent dispute

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Analysis of Traditional Medical Disputes: Data from the Korean Acupuncture and Moxibustion Medicine Society (2013-2017)

  • Kim, Hyo Bin;Kim, Jae Ik;Lee, Ye Ji;Jeon, Ju Hyun;Kim, Eunseok;Kim, Young Il
    • Journal of Acupuncture Research
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    • v.36 no.3
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    • pp.154-160
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    • 2019
  • Background: The purpose of this study was to analyze the medical dispute cases in Acupuncture and Moxibustion treatment, and present the guidelines of treatment to prevent medical disputes. Methods: Korean Acupuncture and Moxibustion Medicine Society medical dispute cases from January 2013 to September 2018 were collected and analyzed. Results: There were 80 cases, which included acupuncture treatment (54 cases), cupping treatment (7 cases), local infection / inflammation (17 cases), and neurological symptoms (13 cases). Analysis of the correlation between types of medical accidents and the treatment methods, showed that local infection and inflammation (12 cases) were the most reported in acupuncture treatment. Conclusion: This study was performed to analyze the current status of medical disputes in the field of acupuncture and moxibustion, and provide basic data for guidelines to prevent them. Further study preparing for clinical guidelines to prevent medical disputes in specific departments are warranted in the future.

The current status of dental dispute: Centered on the 2nd data(Korea Consumer Agency, Med-in) (2차 자료(한국소비자원, 현대해상화재 배상보험)에 나타난 치과의료분쟁 현황)

  • Ahn, Yong Soon;Ahn, Eun Suk;Goong, Hwa-Soo
    • The Journal of the Korean dental association
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    • v.53 no.2
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    • pp.96-102
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    • 2015
  • There is a need to comprehend dental accidents accurately, and construct patient-safety-system in order to prevent consistently increasing dental accident or dispute. This study is aimed to provide basic data for an efficient counterplain by looking through and classifying already occurred dental accidents from an angle of patient safety. Recently, the number of dispute on dental implant was the highest according to rapid growth of dental implant. As a result of classifying dental accidents by International Classification for Patient Safety (ICPS), it is confirmed that cause of accident is different by each type of dental treatment. It is expected to help preventing and managing dental disputes properly by studying actual state of dental disputes in perspective of patient safety. Effort to reduce dental accidents and activity to pursue patient safety have thread in connection. I believe that financial profits of dental clinic and improvement of quality in dental treatment can be achieved through these efforts.

Improvement in the Medical Dispute Mediation System of Korea Consumer Agency (한국소비자원 의료분쟁 조정제도의 개선방안)

  • Jeon, Byong-nam
    • The Korean Society of Law and Medicine
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    • v.16 no.1
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    • pp.255-288
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    • 2015
  • It is desirable to prevent medical accidents because they bring about irretrievable outcomes to patients, as they are directly related to each patient's life, and health. However, once medical accidents occur, it is appropriate to resolve them quickly without conflict before the feelings of directly involved people are intensely confronted with each other. Korea Consumer Agency carries out medical dispute mediation to address such disputes quickly, fairly, and efficiently, and so does Korea Medical Dispute Mediation and Arbitration Agency. Although there has been constant debate on a merge between the two agencies because of duplicated work and consequent inefficiency, it is desirable to maintain the two agencies to ensure consumers' options and to promote the mutual development of the agencies through competition. Therefore, there should be legal and systematical support for Korea Consumer Agency to have fair competition with Korea Medical Dispute Mediation and Arbitration Agency. This is not for Korea Consumer Agency, but ultimately for consumers.

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Identifying and Analyzing Pre-Dispute Factors for Construction Projects (건설공사 사전분쟁요인 도출 및 분석)

  • Park, Sung-Yong;Yang, Jin-Kook;Kim, Byeong-Ok;Lee, Sang-Beom
    • Korean Journal of Construction Engineering and Management
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    • v.10 no.6
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    • pp.48-57
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    • 2009
  • As recent construction projects have gradually become larger in size and complex, construction documents such as drawings and specifications revealed the limitations that can not express all the necessary information. Due to the lack of stipulations on the contract, disputes arise among contracting parties. Traditionally, many construction companies in Korea make an unfair agreement with the clients so that the irrational items are included in their contract documents. Potential dispute factors are triggered as a result of misleading or omitted items on the written documents. This paper analyzed the civic counseling cases obtained from the public procurement service in Korea, and identified the potential dispute factors that can occur during pre-dispute stage alone with their influence analysis. The results found from this study can be used for the development of checklists that prevent the dispute in the process of construction projects.

Case analysis of medical dispute about plastic surgery (성형수술과 관련된 의료분쟁 사례 분석)

  • Choi, Min;Sun, Hook
    • Archives of Plastic Surgery
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    • v.36 no.3
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    • pp.262-268
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    • 2009
  • Purpose: Recently medical dispute about plastic surgery is increasing rapidly as result of growing surgery itself due to high interest in appearance and advertisement of plastic surgery. So we want to find a way to prevent similar medical accident by making better solution of plastic surgery through case analysis of medical dispute. Method: 161 cases about plastic surgery asked for aid at Korea Consumer Agency and 41 cases judged at the court was surveyed and gender, location and kind of hospital, goal and kind of operation, making operation agreement or not, kind of damage, result of process, result of lawsuit was studied from 2004.1.1. to 2006.12.31. Result: Medical doctor have to explain about symptoms of disease, method of treatment, possibility of complication, prognosis to patients before therapy so they can make decision if they take operation by doctor or not. On this survey, among the patients who underwent re - operation or had complication, 88.1%(96 from 109 cases) of them didn't get enough explanation about possibility of complication before surgery They brought lawsuit insisting they would not undergo operation if they got enough explanation about possibility of complication and result of operation before surgery. Conclusion: It is advisable that doctor must observe the duty of explanation before surgery and respect the right to decide of patient, make operation agreement and put down concrete progress note and store the pre and post operative photo to avoid medical accident. It is also needed to have guideline of therapy, Code of ethics, organization which deals with medical dispute, reconsideration of law to control that.

The Effect of Alliance on Maritime Territorial Disputes: A Case of the Aegean Sea Dispute Between Greece and Türkiye (해양영토분쟁에서 동맹의 영향: 그리스와 튀르키예 에게해 분쟁 사례)

  • Hwang, Won-June
    • Maritime Security
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    • v.6 no.1
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    • pp.137-161
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    • 2023
  • This paper explores the limited role of alliances in preventing maritime territorial disputes among member states, using the ongoing conflict between Greece and Türkiye, two NATO allies, as a case study. Drawing on Institutionalist theory, we seek to explain the mechanisms that have contributed to the failure of the alliance to prevent this dispute, despite constant cooperation and transparency. Unlike land disputes, maritime territorial disputes are complex and multi-layered, with fluid boundaries that can change with climate or natural resource availability. Moreover, the lack of constant surveillance creates ambiguity about territorial encroachment thresholds. These factors have exacerbated the dispute between Greece and Türkiye, drawing other NATO members into the conflict and undermining the strength of the alliance. This paper concludes by providing policy implications for the Republic of Korea in its own potential maritime disputes, and contributes to the broader literature on the role of alliances in preventing territorial disputes.

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A Study of the Regulations for Calculation of Acceleration Costs on Construction Work (건설공사 공기단축으로 인한 추가비용의 산정규정에 관한 연구)

  • Min, Byeong-UK;Park, Hyung-Keun
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.37 no.2
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    • pp.409-417
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    • 2017
  • The study is concerned with doing research on the plan to prevent the dispute occurring between contract parties regarding the additional cost generated when the construction period is shortened during construction work. After the review of the claim cases and the judgment cases of the court regarding the additional cost caused by the shortened construction period, the representative problem is the incomplete regulations on calculating the additional cost. In the 1st stage of the results of the research on the problem, the procedure handling the additional cost is presented, and the process of planning and approving the shortening of the construction period is gone through in the stage of the procedure to prevent the dispute on the additional cost between contract parties. In the 2nd stage, the plan on enacting and revising the regulations on removing the incomplete problems of the current regulations relating to the calculation of the additional cost. The basis for the advanced contract management is provided by resolving the incomplete problems of the current regulations relating to the shortening of the construction period with the prevention of a dispute and the resultant loss.

Legal Management of Medical Quality (의료 질의 법적 관리)

  • Cho, Hyong-Won
    • The Korean Society of Law and Medicine
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    • v.8 no.2
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    • pp.167-193
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    • 2007
  • Medical demand has been increased explosively since health insurance was introduced in 1977. Person has taken a growing interest in increase of medical service supply while that period. We must understand the legal aspects of medical quality management. There have been many legislative efforts for securing the right of patient. Patient's legal right is secured through the declaration of patient's right and all hospital person deal with patients according to the standard and criterion of the declaration of patient's right. The patient's right is set up on a basis of the right to live and the expectation right of patient. It is important to prevent medical accidents because the right of patient's health is violated by medical accident. We must manage well the medical quality to prevent the medical accident. The effort to escalate the medical quality is the best method to decrease the medical dispute. Nowadays a person take a growing interest medical quality. Our government make an effort to secure the medical quality through the legal system to be contained health organization evaluation system.

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A Study on the ICSID Arbitration Cases for Determination Standards of Indirect Expropriation (간접수용의 판단기준에 관한 ICSID 중재사례 연구)

  • Oh, Won-Suk;Hwang, Ji-Hyeon
    • Journal of Arbitration Studies
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    • v.25 no.1
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    • pp.65-86
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    • 2015
  • Under current international investment law clear criteria to determine standards of indirect expropriation are absent. Arbitral tribunals determine on a case-by-case whether an indirect expropriation has occurred by conducting a fact-based inquiry. However, three common determination standards can be inferred by analyzing prior arbitration cases. The appropriate analytical framework that can be applied to determine whether a state's measure constitutes an indirect expropriation is as follows. i) the degree of economic invasion of the state's action into the foreign investor's property rights and durability of the period, ii) interference with the foreign investor's distinct and reasonable investment-backed expectations, and iii) the nature, purpose and character of the state's measure. Therefore, it is necessary to fully acknowledge and to utilize strategically this determination standard. However, derived standards cannot be applied to all disputes en masse. So, it is desirable to exclude ambiguity and to clearly define the determination standard of indirect expropriation in investment agreements, since arbitral tribunals can apply different determination standards on a case-by-case basis. And, based on the discussions until now, more developed standards and direction in response to demand should be established through consistent analysis and review of precedents related to indirect expropriation. Lastly, This study is expected to be a useful guideline to prepare a necessary countermeasure to prevent dispute related to indirect expropriation beforehand or in case of dispute occurrence.

Korean Children's Concepts of Adult and Peer Authority (한국 아동의 성인 및 또래 권위에 대한 개념 연구)

  • Kim, Jung Min
    • Korean Journal of Child Studies
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    • v.22 no.4
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    • pp.133-147
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    • 2001
  • The primary purpose of this research was to examine Korean childrens concepts of authority. Childrens judgments about commands of persons with varying age, social position, and knowledge were assessed. 48 subjects from the first, third, and fifth grades were presented with portrayals of persons giving children commands regarding two types of events: fighting and a game rule dispute. Subjects evaluated the legitimacy of commands and chose between different persons giving opposing commands. With regard to a command to stop fighting, subjects accepted the legitimacy of adult and peer authorities, as well as an adult without a position of authority. Subjects rejected commands that failed to prevent harm even when given by an adult authority. With regard to a game rule dispute, subjects most heavily weighted knowledge in evaluating the authority commands. The findings show that Korean children do not have a unitary orientation to adult authority, and have implications for an understanding of individuals' conceptions in the context of a cultural ideology emphasizing reverence for authority.

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