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A Review on the Dominant Undertaking's Abuse in the Medical Device Market (시장지배적 의료기기 사업자의 경쟁제한적 차별행위 - 지멘스 사건을 중심으로 -)

  • Jeong, Jae Hun
    • The Korean Society of Law and Medicine
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    • v.23 no.1
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    • pp.81-119
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    • 2022
  • Medical device market is strongly related with health care market. Public regulation in medical device market tends to be more lenient than health care market. In this market, competition law, administrative law and intellectual property law are intertwined, and thereby a variety of legal issues could be developed. Recently, dominant undertaking's abuse case was dealt with KFTC(Korea Fair Trade Commission) and Seoul High Court. The issues were whether dominant undertaking discriminated trading partners and this discrimination was anticompetitive. In this case, Seoul High Court revoked the KFTC's decision, holding that the undertaking did not harm competition, though it has dominant power in the relevant medical device market. This decision would be a meaningful precedent, not only that there have been small numbers of dominance abuse cases in Korea, but also that this case happened in medical device market. This case dealt with various issues like market definition, market power, alleged abuse and its anticompetitive effect. The court held that medical device markets are distinguished from medical device repairing market. However, the court did not clarify that medical device repairing market is a single branded market only for repairing the plaintiff's medical devices. Second, plaintiff's dominance is based on the lock-in effect, which means that hospitals could not switch devices like CT or MRI from plaintiff to other competitors. This could be supplemented from the fact that medical devices are expensive and the using period are significantly long. However market definition based on single branded market theory could be applied in rare and exceptional cases. Therefore the general application of single branded market theory might result in overestimate of market power. This type of abuse pattern requires improper condition contrary to resonable trade practice. KFTC asserted free charge for plaintiff's copy right. However, it is not clear whether the cases for free charge are general or not. Even if so, the intention and motive of providers for free charge should be proved. The main issue of anticompetitive effect was whether plaintiff raised rival's cost. Competitor's cost was increased due to plaintiff's copy right and its license fee. However the charge for license could be within the scope of fair and legal exercise of copy right. If competitors are excluded due to legal exercise of copy right or efficiency, the exclusionary abuse could not be proved.

A Study for Improvement of Nursing Service Administration (병원 간호행정 개선을 위한 연구)

  • 박정호
    • Journal of Korean Academy of Nursing
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    • v.3 no.1
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    • pp.13-40
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    • 1972
  • Much has teed changed in the field of hospital administration in the It wake of the rapid development of sciences, techniques ana systematic hospital management. However, we still have a long way to go in organization, in the quality of hospital employees and hospital equipment and facilities, and in financial support in order to achieve proper hospital management. The above factors greatly effect the ability of hospitals to fulfill their obligation in patient care and nursing services. The purpose of this study is to determine the optimal methods of standardization and quality nursing so as to improve present nursing services through investigations and analyses of various problems concerning nursing administration. This study has been undertaken during the six month period from October 1971 to March 1972. The 41 comprehensive hospitals have been selected iron amongst the 139 in the whole country. These have been categorized according-to the specific purposes of their establishment, such as 7 university hospitals, 18 national or public hospitals, 12 religious hospitals and 4 enterprise ones. The following conclusions have been acquired thus far from information obtained through interviews with nursing directors who are in charge of the nursing administration in each hospital, and further investigations concerning the purposes of establishment, the organization, personnel arrangements, working conditions, practices of service, and budgets of the nursing service department. 1. The nursing administration along with its activities in this country has been uncritical1y adopted from that of the developed countries. It is necessary for us to re-establish a new medical and nursing system which is adequate for our social environments through continuous study and research. 2. The survey shows that the 7 university hospitals were chiefly concerned with education, medical care and research; the 18 national or public hospitals with medical care, public health and charity work; the 2 religious hospitals with medical care, charity and missionary works; and the 4 enterprise hospitals with public health, medical care and charity works. In general, the main purposes of the hospitals were those of charity organizations in the pursuit of medical care, education and public benefits. 3. The survey shows that in general hospital facilities rate 64 per cent and medical care 60 per-cent against a 100 per cent optimum basis in accordance with the medical treatment law and approved criteria for training hospitals. In these respects, university hospitals have achieved the highest standards, followed by religious ones, enterprise ones, and national or public ones in that order. 4. The ages of nursing directors range from 30 to 50. The level of education achieved by most of the directors is that of graduation from a nursing technical high school and a three year nursing junior college; a very few have graduated from college or have taken graduate courses. 5. As for the career tenure of nurses in the hospitals: one-third of the nurses, or 38 per cent, have worked less than one year; those in the category of one year to two represent 24 pet cent. This means that a total of 62 per cent of the career nurses have been practicing their profession for less than two years. Career nurses with over 5 years experience number only 16 per cent: therefore the efficiency of nursing services has been rated very low. 6. As for the standard of education of the nurses: 62 per cent of them have taken a three year course of nursing in junior colleges, and 22 per cent in nursing technical high schools. College graduate nurses come up to only 15 per cent; and those with graduate course only 0.4 per cent. This indicates that most of the nurses are front nursing technical high schools and three year nursing junior colleges. Accordingly, it is advisable that nursing services be divided according to their functions, such as professional, technical nurses and nurse's aides. 7. The survey also shows that the purpose of nursing service administration in the hospitals has been regulated in writing in 74 per cent of the hospitals and not regulated in writing in 26 per cent of the hospitals. The general purposes of nursing are as follows: patient care, assistance in medical care and education. The main purpose of these nursing services is to establish proper operational and personnel management which focus on in-service education. 8. The nursing service departments belong to the medical departments in almost 60 per cent of the hospitals. Even though the nursing service department is formally separated, about 24 per cent of the hospitals regard it as a functional unit in the medical department. Only 5 per cent of the hospitals keep the department as a separate one. To the contrary, approximately 12 per cent of the hospitals have not established a nursing service department at all but surbodinate it to the other department. In this respect, it is required that a new hospital organization be made to acknowledge the independent function of the nursing department. In 76 per cent of the hospitals they have advisory committees under the nursing department, such as a dormitory self·regulating committee, an in-service education committee and a nursing procedure and policy committee. 9. Personnel arrangement and working conditions of nurses 1) The ratio of nurses to patients is as follows: In university hospitals, 1 to 2.9 for hospitalized patients and 1 to 4.0 for out-patients; in religious hospitals, 1 to 2.3 for hospitalized patients and 1 to 5.4 for out-patients. Grouped together this indicates that one nurse covers 2.2 hospitalized patients and 4.3 out-patients on a daily basis. The current medical treatment law stipulates that one nurse should care for 2.5 hospitalized patients or 30.0 out-patients. Therefore the statistics indicate that nursing services are being peformed with an insufficient number of nurses to cover out-patients. The current law concerns the minimum number of nurses and disregards the required number of nurses for operation rooms, recovery rooms, delivery rooms, new-born baby rooms, central supply rooms and emergency rooms. Accordingly, tile medical treatment law has been requested to be amended. 2) The ratio of doctors to nurses: In university hospitals, the ratio is 1 to 1.1; in national of public hospitals, 1 to 0.8; in religious hospitals 1 to 0.5; and in private hospitals 1 to 0.7. The average ratio is 1 to 0.8; generally the ideal ratio is 3 to 1. Since the number of doctors working in hospitals has been recently increasing, the nursing services have consequently teen overloaded, sacrificing the services to the patients. 3) The ratio of nurses to clerical staff is 1 to 0.4. However, the ideal ratio is 5 to 1, that is, 1 to 0.2. This means that clerical personnel far outnumber the nursing staff. 4) The ratio of nurses to nurse's-aides; The average 2.5 to 1 indicates that most of the nursing service are delegated to nurse's-aides owing to the shortage of registered nurses. This is the main cause of the deterioration in the quality of nursing services. It is a real problem in the guest for better nursing services that certain hospitals employ a disproportionate number of nurse's-aides in order to meet financial requirements. 5) As for the working conditions, most of hospitals employ a three-shift day with 8 hours of duty each. However, certain hospitals still use two shifts a day. 6) As for the working environment, most of the hospitals lack welfare and hygienic facilities. 7) The salary basis is the highest in the private university hospitals, with enterprise hospitals next and religious hospitals and national or public ones lowest. 8) Method of employment is made through paper screening, and further that the appointment of nurses is conditional upon the favorable opinion of the nursing directors. 9) The unemployment ratio for one year in 1971 averaged 29 per cent. The reasons for unemployment indicate that the highest is because of marriage up to 40 per cent, and next is because of overseas employment. This high unemployment ratio further causes the deterioration of efficiency in nursing services and supplementary activities. The hospital authorities concerned should take this matter into a jeep consideration in order to reduce unemployment. 10) The importance of in-service education is well recognized and established. 1% has been noted that on the-job nurses. training has been most active, with nursing directors taking charge of the orientation programs of newly employed nurses. However, it is most necessary that a comprehensive study be made of instructors, contents and methods of education with a separate section for in-service education. 10. Nursing services'activities 1) Division of services and job descriptions are urgently required. 81 per rent of the hospitals keep written regulations of services in accordance with nursing service manuals. 19 per cent of the hospitals do not keep written regulations. Most of hospitals delegate to the nursing directors or certain supervisors the power of stipulating service regulations. In 21 per cent of the total hospitals they have policy committees, standardization committees and advisory committees to proceed with the stipulation of regulations. 2) Approximately 81 per cent of the hospitals have service channels in which directors, supervisors, head nurses and staff nurses perform their appropriate services according to the service plans and make up the service reports. In approximately 19 per cent of the hospitals the staff perform their nursing services without utilizing the above channels. 3) In the performance of nursing services, a ward manual is considered the most important one to be utilized in about 32 percent of hospitals. 25 per cent of hospitals indicate they use a kardex; 17 per cent use ward-rounding, and others take advantage of work sheets or coordination with other departments through conferences. 4) In about 78 per cent of hospitals they have records which indicate the status of personnel, and in 22 per cent they have not. 5) It has been advised that morale among nurses may be increased, ensuring more efficient services, by their being able to exchange opinions and views with each other. 6) The satisfactory performance of nursing services rely on the following factors to the degree indicated: approximately 32 per cent to the systematic nursing activities and services; 27 per cent to the head nurses ability for nursing diagnosis; 22 per cent to an effective supervisory system; 16 per cent to the hospital facilities and proper supply, and 3 per cent to effective in·service education. This means that nurses, supervisors, head nurses and directors play the most important roles in the performance of nursing services. 11. About 87 per cent of the hospitals do not have separate budgets for their nursing departments, and only 13 per cent of the hospitals have separate budgets. It is recommended that the planning and execution of the nursing administration be delegated to the pertinent administrators in order to bring about improved proved performances and activities in nursing services.

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Analysis of Nutritional Composition and Effects of Yak-sun Tea Prescription from Oriental Medicinal Herbs for Serum Lipid Levels and Homocystein Content (한약자원을 이용한 약선차의 영양성분 분석 및 약선차의 섭취가 여대생의 혈청지질수준과 호모시스테인 농도에 미치는 효과)

  • Han, Jong-Hyun;Song, You-Jin;Park, Sung-Jin;Park, Sung-Hye
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.35 no.5
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    • pp.557-564
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    • 2006
  • This research was planned and executed to evaluate how the composition of Yak-sun (oriental diet therapy) can effect health conditions of people who are suffering from diet-related diseases like obesity and hyper lipidemia by taking Yak-sun in a form of nutritional supplement with our daily meals. We produced Yak-sun tea with $Ky\hat{a}lmy\hat{a}ngja$, Kamguk, $K\hat{u}m\hat{u}nhwa$, Ch'onkung and observed nutritional composition and evaluated how this tea effects on serum lipids and homocystein concentration by clinical practices. With this observation, we found out that this tea has significant effect on increasing of HDL-cholesterol, decreasing of LDL-cholesterol and homocysteine concentration, and we think that scientific and objective evaluation was done on the components of Yak-sun tea prescription. We concluded that we could apply the components not only in a form of tea, but also in other forms of various food. The information we received from this conclusion will be a basic information on how we can apply oriental medicinal resources into other food and will also be a stepping stone for medicinal herbs to step foot in the field of functional food research, which already draws sizable attention world-wide.

Problems to Solve and Job Enlargement on the Inclusion of Dental Hygienists in the Category of Medical Personnel (치과위생사 의료인화에 대한 현안과제와 직무확충 방안)

  • Lee, Da-Som;Han, Gyeong-Soon
    • Journal of dental hygiene science
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    • v.18 no.6
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    • pp.340-348
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    • 2018
  • The purpose of this study was to examine the perceptions, precedent tasks, positive and negative effects, and expandable professional tasks regarding the inclusion of dental hygienists (DHs) in the category of medical personnel. This study involved a survey of 259 DHs and 128 dentists. The findings were as follows: 94.2% of DHs and 46.9% of dentists were aware of inclusion in the category of medical personnel; 95.0% of DHs and 64.1% of dentists supported the idea; and 84.9% of DHs and 51.6% of dentists recognized its legitimacy. As for precedent tasks for inclusion in the category of medical personnel, both DHs and dentists scored high points in professional consciousness in the area of occupation. Both DHs and dentists scored the highest points in the quality management of DH education and the lowest points in the unification of school systems in the area of institution. In the area of society, DHs scored high points in the persuasion of the central government, whereas dentists scored high points in collaboration among concerned organizations. Regarding the positive effects of inclusion in the category of medical personnel, both DHs and dentists scored the highest points in the expanded perception of DHs. As for its negative effects, DHs scored high points in the aggravation of salary increase, whereas dentists scored high points in the aggravation of salary increase. Regarding expandable professional tasks after the inclusion of DHs in the category of medical personnel, the management of independent periodontal care programs recorded the highest percentage both in DHs and dentists. These findings highlight the need for adequate discussions about the meanings of the inclusion of DHs in the category of medical personnel and will hopefully contribute to the rational adjustment and legalization of DHs' works with regard to their inclusion in the category of medical personnel.

Patient Satisfaction and Perception on Nutritional Counseling Services Quality (영양 상담서비스 품질에 대한 환자의 만족도와 인식조사)

  • Choi, Ki Bo;Lee, Song Mi;Lee, Seung Min;Lee, Eun;Park, Mi Sun;Park, Yoo Kyoung;Cha, Jin A;Lyu, Eun Soon
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.46 no.2
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    • pp.251-258
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    • 2017
  • The objective of this study was to analyze patient satisfaction and perception of nutritional counseling services quality. A patient satisfaction and perception survey was conducted for 1,095 patients from 43 tertiary hospitals and 20 general hospitals. The number of returned questionnaires was 656 (response rate: 60.0%). Data from 633 questionnaires were analyzed after the questionnaires with unanswered items were excluded. Five domains were identified from the result of the factor analysis using the maximum likelihood and oblique rotation. The five domains were named empathy, responsiveness, tangibles, reliability, and skill and specialty. Patient perception mean score of nutritional counseling was 4.54/5.00. Patient satisfaction scores were significantly higher in empathy (P<0.001), responsiveness, and skill and specialty (P<0.01) with a college or graduate school education than in patients with a middle school education. There was no statistically significant difference between satisfaction scores in tertiary hospitals and those in general hospitals, but patients in capital hospitals reported significantly higher scores than their local counterparts in empathy, responsiveness, reliability, skill and specialty (P<0.001), and tangibles (P<0.05). In responsiveness, significantly higher (P<0.01) scores were observed in patients who received nutritional counseling only once compared to patients who received counseling two times. Patients perception of nutritional counseling services was significantly correlated with their satisfaction of five domains, reliability (r=0.721), responsiveness (r=0.697), empathy (r=0.690), skill and specialty (r=0.678), and tangibles (r=0.622).

Nutritional Characteristics and Stability in Cell of the Yac-Sun Tea for Caronary Heart Disease (관상동맥 질환의 예방을 위한 약선차의 식품영양학적 구성 및 안전성 평가)

  • Kim, Woon-Ju;Cho, Hwa-Eun;Park, Sung-Hye
    • Journal of Physiology & Pathology in Korean Medicine
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    • v.21 no.1
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    • pp.219-225
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    • 2007
  • This study was performed to provide basic ideas as understanding and application for oriental medicinal cuisine (Yak-Sun). To develop medicinal cuisine, it is necessary to grasp the theoretical system. And to develop medicinal cuisine for health enhancement, it is also required not only to consider constitutions but also to suggest the need of knowledge for moderation in terms of regimen along with the theory of oriental medicine. Also to develop medicinal cuisine according to the perspective of oriental medicinal theory, what should be taken into account is not only the understanding of the characteristics of food materials, but also the properties of them that the theory of oriental medicine. Lastly the scientific effect of the medicinal cuisine which is developed according to the oriental medicinal theory. And it is believed to De essential for the government to make effects to set a standard and laws to validate the medicinal effects and the process of assessment so that the systematic development can be encouraged, and to prepare guidance to food development for national health improvement. This research was planned and executed to evaluate how the composition of Yak-sun(oriental diet therapy) can effect health conditions of people who are suffering from diet-related diseases like cardiovascular related disease. by taking Yak-sun in a form of nutritional supplement with our daily meals. We produced Yak-sun tea with Mansam, Hwanggi, Tanggi and Paekchak and observed nutritional composition. We concluded that we could apply the components not only in a form of tea, but also in other forms of various food. The information we received from this conclusion will be a basic information on how we can apply oriental medicinal resources into other food and will also be a steppingstone for medicinal herbs to step foot in the field of functional food research, which already draws sizable attention world-wide.

Working Conditions, Job Satisfaction and Organizational Commitment of Physical Therapists (물리치료사의 근무실태와 직무만족 및 직장애착)

  • Ahn Soyoun;Kim Won-Joong;Huh Young-Bae
    • The Journal of Korean Physical Therapy
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    • v.14 no.4
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    • pp.308-322
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    • 2002
  • The main objective of this paper is to examine the working conditions of physical therapists and to investigate the level of job satisfaction and organizational commitment under different working conditions. A survey was conducted through structured questionnaire for the physical therapists working in Busan area, and data from 175 therapists were utilized in the final analysis. Survey items included general characteristics of the therapists(sex, age, education, marital status, religion, income, career years, etc.), their working conditions(kinds of organizations they work in, location of PT room, weekly working hours, average number of patients, number of co-workers, equipments/facilities, etc.), and organizational effectiveness measured in terms of job satisfaction and organizational commitment. Major results are as follows: 1) As for the general characteristics of the surveyed physical therapists, male(51.4$\%$) slightly exceeded female(48.6$\%$) and majority(more than 90$\%$) was 20-39 in age. Also, there were more single(57.7$\%$) than married(42.3$\%$), and 54.9$\%$ of the respondents had religion while 45.1$\%$ did not. In terms of the ranks in their organizations, only a few of them(6.9$\%$) were managers, and monthly salary mostly ranged from $\₩$1,000,000 to $\₩$2,500,000. More than half of them worked in various kinds of hospitals, with the remaining in health centers or social welfare institutions. 2) In regard to the working conditions of the respondents, 19.4$\%$ of PT rooms were located in basement areas while the remaining 80.6$\%$ in first to third floors. 34.3$\%$ of them treated 15 patients or less per day, whereas 25.1$\%$ treated 31 patients or more. Also, 52$\%$ recorded physical therapy charts periodically. As for the equipments and facilities, 25.1$\%$ felt 'sufficient' and 40$\%$'insufficient.' 3) The respondents provided various kinds of suggestions for the improvement of their working conditions, where the most important were 'salary raise' and 'reduction of working hours.' In addition, their requests to the PT Association included 'permission of opening of independent practice,' 'permission of legal specialty,' and 'vitalization of the Association.' 4) The comparative analysis of job satisfaction and organizational commitment among different characteristics of the respondents revealed that there was no significant difference between male and female, but in terms of age, the group of 40 or older was highest in both aspects. Besides, therapists who had 15 or more years of hospital career reported higher job satisfaction and organizational commitment than the others. It was also found that the level of organizational commitment increased as the rank of the respondents got higher. There were no significant differences in terms of marital status and religion. 5) Comparison with regard to working conditions showed that therapists employed in university hospitals, health centers and social welfare institutions felt higher job satisfaction and organizational commitment than those in community hospitals and clinics. Also, respondents who worked in basement areas had significantly lower job satisfaction than otherwise. The length of weekly working hours did not really affect the level of job satisfaction, but it was important to maintain 'regular working hours' for the hospitals to improve the employees' organizational commitment. As for the number of patients per day, 'medium level' (21-25 patients) had highest scores in both aspects. And, finally, sufficiency of equipments and facilities was found to be important for the improvement of organizational commitment.

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A Study on the Relationship between Stress and Climacteric Symptoms of Midlife Men (중년기 남성의 스트레스와 갱년기 증상)

  • Chung, Yeon-Kang;Lee, Jae-On;Han, Kyung-Lim
    • Research in Community and Public Health Nursing
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    • v.13 no.3
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    • pp.513-522
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    • 2002
  • This study investigated stress and the extent of climacteric symptoms in mid-life men, and examined their relationship in order to better understand the stress and climacteric symptom experiences of mid-life men, and thereby attempted to offer basic materials for the development of a health improvement program that may help increase the quality of life of mid-life men. Three hundred mid-life men whose ages were between 40 and 59 and resided in the Seoul area were subjects of this study. The data were analyzed with the SAS PC program using descriptive statistics to analyze subjects' general characteristics and variables of stress and the extent of climacteric symptoms of the subjects. The relationship between stress and climacteric symptoms were examined by the Pearson Correlation Coefficient, and stress and the extent of climacteric symptoms in relation to the general characteristics were analyzed by T-test and ANOVA. The study conclusions are as follows: 1. Subjects general characteristics The average, age of the subjects was 46 and 47.0% of them reported ages between 40 and 45. Of the subjects, 98% were married. In marriage satisfaction, those who were generally satisfied with their married life comprised 62.0% of the subjects. In terms of level of education, 95.7% were educated above the high school level. In occupational background, 59.7% had occupations related to technologies. As for religion, 42.7% had no religion. In number of children, 67.3% had 2 children. In residential status, 79,3% were living in their own homes. In terms of living arrangements, 87.7% of the subjects were living in the form of nuclear families. 2. Stress and the extent of climacteric symptoms The level of stress was scored as $2.94{\pm}0.74$, and considering that the overall examination score is $27.16{\pm}1.32$, the subjects' stress level was not viewed as particularly high. The average score of the extent of climacteric symptoms was $35.37{\pm}0.27$. The extent of sub-domains of climacteric symptoms included skeleton symptoms ($39.37{\pm}2.81$), joint pain ($39.16{\pm}3.66$), vasomotor symptoms ($35.39{\pm}3.01$), other symptoms ($36.99{\pm}3.02$), psychological symptoms ($34.68{\pm}3.01$), urogenic symptoms ($35.03{\pm}3.27$), and cardiovascular symptoms ($33.70{\pm}2.78$). 3. General characteristics in relation to the stress level The subjects' general characteristics that were significantly related to the level of stress were marriage status (F=4.38, p=.001), marriage satisfaction (F=4.56, p=.001), educational background (F=2.68, p=.012), and age (F=2.48, p=.033). 4. General characteristics in relation to the level of climacteric symptoms The subjects' general characteristics that were significantly related to the level of climacteric symptoms were educational background (F=3.26, p=.007), age (F=2.58, p=.027), marriage status (F=2.62, p=.025), and marriage satisfaction (F=2.78. p=.032). 5. The correlation between stress and climacteric symptoms The subjects' level of stress and climacteric symptoms were significantly related to each other (r=0.578, p=0.000). The subjects' level of stress was correlated with sub-domains of the climacteric symptoms including psychological symptoms (r=0.579, p=0.000), joint pain (r=0.479, p=0.000), skeleton symptoms (r=0.477, p=0.000), other symptoms (r=0.467, p=0.000), vasomotor symptoms (r=0.4615, p=0.000), cardiovascular symptoms (r=0.458, p=0.000), urogenic symptoms (r=0.401. p=0.000). In summary, the climacteric symptoms suffered by mid-life men are positively correlated with their level of stress. In addition, the climacteric symptoms were affected by the level of stress.

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A Study on Imposing Contribution in the Compensation for Uncontrollable Medical Malpractice during Delivery (분만관련 불가항력적 의료사고 보상제도에 있어 분담금부과에 관한 연구 -헌법재판소 2018. 4. 26. 선고 2015헌가13 사건을 중심으로-)

  • Beom, Kyung Chul
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.139-171
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    • 2018
  • The 「Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes」(hereinafter referred to as 'the Act on Mediation of Medical Disputes') provides that the state should compensate the victims of medical accidents occurred irresistibly in childbirth despite that health and medical service personnel fulfilled their duty of care for their damage within the range of its budget(Article 46 of the Act on Mediation of Medical Disputes). Given that victims of medical accidents could expect demage recovery only through lawsuits thus far, this act can be said to be a groundbreaking act. However, However, as 30% of the costs for such medical accident compensation projects are borne by those who have records of childbirth among the founders of health and medical institutions (Article 21 of the Act on Mediation of Medical Disputes), there has been a question about whether doctors are held responsible despite that the accidents such as the deaths of mothers and newborn babies occurred irresistibly without doctors' fault. However, recently, the Constitutional Court ruled that 'the range of founders of health and medical institutions' and 'share ratios of finances for compensation' in Article 46 (3) of the Act on Mediation of Medical Disputes' related to the imposition of the share of costs are institutional (Constitutional Court ruling dated April 26, 2018, 2015Heonga13, hereinafter referred to as 'the ruling in the case'). Although the ruling in the case was made based on only the principle of statutory reservation and the principle of ban on comprehensive authorization, this paper added a practical judgment. This paper proved that the share of costs in this case has the nature of burden charges in pursuit of study and does not infringe on the property rights of the founders of health medical institutions even in light of the principle of proportionality because there is a legitimate reason for imposing the burden charge. The imposition of the share of costs in the system for compensation for medical accidents occurred irresistibly is against the principle of liability with fault in part. However, the medical accident compensation projects are rational a national policy for the victims of medical accidents and the medical world clearly gains some benefits from the effect to terminate medical disputes. The expansion of finances for compensation through the payments of the share of costs will reduce the suffering and misunderstanding of victims of medical accidents occurred in the process of childbirth and will be very helpful to the construction of stable treatment environments of medical workers by quickly establishing the medical accident compensation projects as such.

PROPERTIES OF FLUORIDE-RELEASING RESIN COMPOSITE RESTORATIVE MATERIALS (불소방출성 콤포짓트 레진계 수복재의 특성)

  • Kim, Sang-Hoon;Baik, Byeong-Ju;Kim, Jae-Gon;Yang, Yeon-Mi;Park, Jeong-Yeol
    • Journal of the korean academy of Pediatric Dentistry
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    • v.35 no.3
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    • pp.418-426
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    • 2008
  • The objectives of this study were to examine the properties of fluoride-releasing resin composite restorative materials. Four commercially available compomer materials (Compoglass F: CF, $Dyract^{(R)}$ AP: DA, $Dyract^{(R)}$ flow: DF, F2000: FT) and one fluoride-releasing composite resin ($Tetric^{(R)}$ Ceram: TC) were selected as experimental materials. Rectangular-shaped tensile test specimens were fabricated in a teflon mold giving 5mm in gauge length and 2mm in thickness. Disk-shaped specimens were fabricated in the split teflon mold with diameter of 15mm and thickness of 1mm. After curing for an hour, specimens were immersed in deionized water at $37^{\circ}C{\pm}1^{\circ}C$ for 30 days. All specimens were thermocycled for 10,000 cycles with 15 seconds of dwelling time in each $5^{\circ}C$ and $55^{\circ}C$ water baths. Toothbrush abrasion test was conducted under a load of 1.5 N and the abraded surfaces were examined with surface roughness tester (SV-3000, Mitutoyo Co, Japan) and SEM (JSM-5800, JEOL, Japan). Fluoride recharging was done by toothbrushing for 3 min. using a fluoride toothpaste (Perio Alpine Herb, LG Household & Health Care, Korea). The results obtained were summarized as follows; 1. The highest tensile strength value of 32.3 MPa was observed in TC group and the lowest value of 16.8 MPa was observed in CF group. The tensile strength of TC group was significantly higher than those of CF and DF groups (P<0.05). 2. The lowest Ra value of 0.287 was observed in TC group and the highest value of 1.516 was observed in FT group. The Ra value of FT group was significantly higher than other groups (P<0.05). 3. The abraded surfaces revealed the increase of surface roughness due to the protrusion and missing of filler particles. 4. The release of fluoride of compomers after tooth brushing by Perio Alpine Herb was initially large and then followed by small and continuously. But it remains small and constant in fluoride-releasing composite resin of TC. 5. The highest value of fluoride release after toothbrushing by Perio Alpine Herb was $2.064{\mu}g/cm^2$ in CF group and the lowest value was $0.1119{\mu}g/cm^2$ in TC group. The amount of fluoride release of CF group was significantly higher than other groups (P<0.05).

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