• 의료법학
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• 제10권2호
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• pp.115-150
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• 2009

The Article 17 (1) of the Medical Service Act states that no one but medical doctor, dentist or herb doctor shall prepare medical certificate, post-mortem examination, certificate or prescription. Though medical certificate, post-mortem examination or certificate is a private document issued by doctor personally, it is accepted as reliable as public document. Therefore, for medical certificate, post-mortem examination or certificate, unlike other private document to guarantee authenticipy of the content, the Article 233 of the Criminal Act states the Crime of Issuance of Falsified Medical Certificates. In other words, the Criminal Act Article 233 states that If a medical or herb doctor, dentist or midwife prepares false medical certificate, post-mortem examination or certificate life or death, one shall be punished by imprisonment or imprisonment without prison labor for not more than three years, suspension of qualifications for not more than seven years, or a fine not exceeding thirtht million won. The subject of the Crime of Issuance of Falsified Medical Certificates is only a medical or herb doctor, dentist or midwife and the eligibility requirements are specified in the Medical Service Act. Medical certificate is the medical document to be issued by medical doctor to certify the health status and show the Jugdement about the result of the diagnosis, Post-mortem examination is the document to be listed by medical doctor to confirm medically about human body or dead body, and Certificate life or death is a kind of medical certificate to verify the fact of birth or death, the cause of death, such as Birth Certificate, Certificate of Stillbirth or Certificate of Dead Fetus. To constitute the crime of Issuance of Falsified Medical Certificates, it is necessary for the contents of the certificate to be substantially contrary to the truth, as well as it is needed the subjective perception that the contents of the certificate are false. The Supreme Court Decision 2004DO3360 Delivered on March 23, 2006 declared that although the Defendant did not MRI scan, etc. for precise observation about the disability status of Mr Park, it was difficult to believe that the contents of the Disability Certificate of this case were contrary to the objective truth or the defendant had perception that the contents of the certificate were false. I don't agree with the Supreme Court Decision, because the Supreme Court confirmed the decision by the court below despite the Supreme Court should have made the court below retry the reason why the Defendant did not MRI scan, etc. for precise observation about the disability status of Mr Park.

• 대한안전경영과학회지
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• 제11권2호
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• pp.241-248
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• 2009

This study develops reeducation programs to satisfy needs conducted by the analyses of potential customers and present R&D education programs. The results of this study were derived using the data collected from 200 R&D researchers and control managers occupied in research centers. By analyses of the survey, results showed that the professional R&D reeducation institution and specialized education programs according to career and position were needed. To bring solution of the researcher's reeducation, the establishment of R&D Supreme Academy is essential for effective human resource development and management in R&D.

• 대한간호학회지
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• 제28권3호
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• pp.760-772
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• 1998

The purpose of this study was to explore the concept of quality of life for bone marrow transplant (BMT) survivors and to gain understanding of nursing interventions that may improve QOL in this population. The data was gathered from 32 BMT survivors using seven open-ended questions. The items were based on previous research of Ferrell et al., (1992). Content analysis was performed on written responses to seven questions regarding BMT and QOL. The results were as follows : 1. The meaning of QOL for BMT survivors were "being healt", "being able to take a role", "having relationships", "self-accomplishment", "peace of mind", "spiritual well-being", "economic stability" and "being alive". 2. The impact of BMT on physical well-being were "skin impairment", "digestive problems", "infections ", "fatigue/weakness", "arthralgia", "eye dryness". "weight gain", "amenorrhea" and "hand tremor". 3. The impact of BMT on psychological well-being were "fear of recurrence", "sence of peace" and "hope". 4. The impact of BMT on socioeconomic status were "financial burden", "limitation of social activities" and "sence of withdrawal". 5. The impact of BMT on spiritual well-being were "dependency on Supreme Being", "spiritual arousal " and "spiritual maturity". The findings of the study will be useful in constructing a instrument to measure QOL in BMT and in understanding the conceptual basis of QOL for the BMT population.ency on Supreme Being", "spiritual arousal " and "spiritual maturity". The findings of the study will be useful in constructing a instrument to measure QOL in BMT and in understanding the conceptual basis of QOL for the BMT population.L for the BMT population.

• 의료법학
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• 제9권1호
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• pp.319-382
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• 2008

As a withdrawing care's study, the purpose of this study is searching about withdrawing care's acceptance and circumstances through Bora-mae hospital case(chapter 1). Withdrawing life-sustaining treatment has various forms. Though the meaning of euthanasia, death with dignity, natural death, physician assisted suicide are duplicated, the meaning of those are different slightly. Firstly, this study looks about the difference of the those meaning and acceptance range(condition) by withdrawing care's forms(chapter 2). Bora-mae hospital case sentenced guilty about physician who discharged incompetent patient who was after surgery by patient's wife determination. This Bora-mae case that sentenced guilty about discharge against medical advise(DAMA) that is regarded to custom has brought intensive confliction of legal, social, medical aspect, Bora-mae hospital case has many legal problems. First, as to criminal law rule 250(murder), the problem is whether discharge and withdrawing life-sustaining treatment is commission or omission. this study concluded omission(district court: omission, appeal, supreme court: commission). Because legal denounce point of discharge and medical treatment withdrawing is omission that physician who is obligatory on patient to cure. If physician's act is regarded omission, it is necessary to determine whether he has guardian status and obligation. Without guardian status and obligation, omission crime can't exist. This study decided that physician had guardian status and obligation and foundation of guardian status was pre-action or acceptance of emergency patient. Physician's medical treatment duty finished when patient(or patient's guardian) demands discharge. But when patient death is foreseen and other possible treatment does not exist, his duty of life prolonging treatment does not finish. This originate from physician's social responsibility and public status that limits patient's private liberty. This study regarded physician's action as accomplice about whether physician's discharging action is accomplice or the principal offender(district court: the principal offender, appeal, supreme court: accomplice). Though the principal offender needs criminal determination and action, there is no this common determination and functional action control of physician in Bora-mae case(chapter 3). Bora-mae hospital case partly originated from deficiency of legal, institutive system including medical security system shortage, the instruction is 1. medical security system strengthening, 2. hospital ethical committee's activity strengthening, 3. institutionalization of withdrawing life-sustaining treatment, 4. acceptance of pre-decision making system, 5. sufficient persuasion of physician for patient and faithful writing of medical paper, 6. respect for patients' self-determination and rights, 7. consciousness's changing for withdrawing life-sustaining treatment and persistent education about medical ethics(chapter 4). Considering Bora-mae case, medical sector is not the dead ground of a criminal punishment. Intervention of criminal law in medical sector give rise to ill effect, that is, excess medical examination and treatment, safeguard treatment, delay of discharge from a hospital. Because sufficient guarantee of life becomes mere empty slogan under situation that impose a burden of heavy cost to family or hospital, public and systematic solution should be given(chapter 5).

• 한국의류학회지
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• 제17권3호
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• pp.436-447
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• 1993

This study concerns the role of costume in Shakespearean tragedy from the viewpoint of the role theory. The term "role" has been used to represent the behavior expected of the occupant of a given position or status. A specific role can not be successfully performed without the aid of the Costumes. Costumes are adopted in relation with a specific role. The role of social status and position reflects sex, age, occupation, class, economic position of the characters. In his works, the crown and the mace represented not only the throne but also a previllege and supreme position. The sitution role of costume could be widely used for visualizing the psychological situation and external environments of the characters on the stage. The disguise role hided one's status, thereby makes possible acting others position. And the disguise role can bring about the change of status, age, sex, occupation, and atmosphere. The costume could be used as a voucher of love. The costume performed the role of the physical and psychic protection, and provided its wearer with consolation and peaceful mind. The costume reflected the custom of a society through its wearing condition and wearing configuration. The results obtained from this study can provide useful cues for understanding the role action in the social structure. This kind of understanding reveals the costume phenomena in real life, allows one to perform roles properly and efficiently, and opens our insight on the overall aspects of the costume culture.

• 복식문화연구
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• 제7권4호
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• pp.14-37
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• 1999

This study concerns the role of costume in Shakespearean comedy from the viewpoint of the role theory. The term “role” has been used to represent the behavior expected of the occupant of a given position or status. A specific role can not be successfully performed without the aid of the costumes. Costumes are adopted in relation with a specific role. The term ‘role’ had been borrowed from the drama. The similarity between the role on the stage and the role of the social man had been recognized. The typical examples in which the costume help to make access to a specific role and can be effectively exploited for the performance of the role are manifested in the comedies of Shakespeare. Thus, our goal in this study is to analyze the role of costume which appears in Shakespearean comedy from the viewpoint of the role theory. The role of social status and position reflects sex, age, occupation, class, economic position of the characters. In his works, the crown and the mace represented not only the throne but also a previllege and supreme position. The situation role of costume could be widely used for visualizing the psychological situation and external environments of the characters on the stage. The disguise role hided one\`s status, thereby makes possible acting other\`s position. And the disguise role can bring about the change of status, age, sex, occupation, and atmosphere. The costume also could symbolize the social status, position, rank, occupation, and the situation, and functioned as a media for delivering messages to others. The costume performed the role of the physical and psychic protection, and provided its wearer with consolation and peaceful mind. The costume reflected the costume of a society through its wearing condition and wearing configuration. The results obtained from this study can provide useful cues for understanding the role action in the social structure. This kind of understanding reveals the costume phenomena in real life, allows one to perform roles properly and efficiently, and opens our insight on the overall aspects of the costume culture.

• Tuberculosis and Respiratory Diseases
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• 제58권3호
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• pp.213-229
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• 2005

The first and the longest criminal indictment case of Korean medico-legal battle, so called BORAMAE Hospital Incident, was finally on its end by Korean Supreme Court's decision on June 24, 2004, after 7 years long legal dispute via Seoul District Court and Seoul Superior Appeal Court's decision. Boramae Hospital case was the first Korean legal case of Withdrawing Life-sustaining treatment of mechanical respirator on 58 years old Extradural Hematoma victim who was on Respirator under Coma after multi-organ failure postoperatively(APACHE II score: 34-39). Two physicians who have involved patient's care and had helped to make discharge the Near-death patient to home after repeated demand of patient's wife, due to economic reason, were sentenced as homicidal crime. This review article will discuss the following items with the review of US cases, Quinlan(1976), Nancy Cruzan(1990), Barber (1983), Helen Wanglie(1990), Baby K (1994) and Baby L cases, along with Official Statement of ATS and other Academic dignitaries of US and World.: [1] Details of Boramae Hospital incident, medical facts description and legal language of homicidal crime sentence. [2] The medical dispute about the legal misinterpretation of patient's clinical status, regarding the severity of the victim with multi-organs failure on Respirator under coma with least chance of recovery, less than 10% probability. [3] Case study of US, of similar situation. [4] Introduction of ATS official Statement on Withdrawing/ Withholding Life sustaining treatment. [5] Patient Autonomy as basic principle. [6] The procedural formality in Medical practise for keeping the legitimacy. [7] The definition of Medical Futility and its dispute. [8] Dying in Dignity and PAS(Physician Assisted Suicide)/and/or Euthanasia [9] The Korean version of "Dying in Dignity", based on the Supreme Court's decision of Boramae Hospital incident (2004.6.24.) [10] Summary and Author's Note for future prospects.

• 웰빙융합연구
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• 제5권4호
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• pp.57-67
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• 2022

Purpose: The purpose of this study is to identify what research ethics issues are related to chemical incidents at the level of national disasters in Korea, and then to secure clear research ethics to prevent similar incidents from recurring. Research design, data and methodology: The study design was a case study of the humidifier disinfectant disaster in Korea. The humidifier disinfectant incident is a worldwide issue that has never occurred in the world. The main cause of the humidifier disinfectant incident that occurred only in Korea was the toxicity of the humidifier disinfectant contained in the humidifier spray. In this regard, research ethics will be derived through related laws and systems, research ethics status, incident damage and compensation, prosecution's investigation status, and the final precedent of the Supreme Court. Results: Although the lack of laws and systems of government departments related to humidifiers is important in the research results, the violation of ethics regulations by researchers during research experiments has become a decisive problem. Conclusions: In conclusion, the most important thing is that the research bioethics of researchers at the forefront should take precedence over any other values, especially during experiments and research related to public health.

• 무역학회지
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• 제46권3호
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• pp.99-117
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• 2021

Korea's FTA e-commerce regulations are evolving into a standardized norm. However, "location of computing facilities", which was not covered by Korea's existing FTA, was newly established in Korea's first Mega FTA, RCEP. China, a member of RCEP, restricts data movement and requires data localization through its Cybersecurity law. These facts have led to start this study with interest in data-related regulations. It examined country-specific and regulatory characteristics in the process of forming digital trade norms, using the TAPED established by Burri et al. (2020). It also analyzed the current status of introducing norms related to 'data flow', 'data localization' and 'data protection' of the EU, USA and China, which are leading the formation of e-commerce trade norms. Finally, the legal review was conducted to compare the exact meaning of the wording expressed in each agreement for the six recently enacted Mega FTAs and Digital Economic Agreements. These findings are meaningful in that they provided implications for the effectiveness of RCEP and the direction of negotiations on Korea's digital trade norms.

• 의료법학
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• 제17권2호
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• pp.257-279
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• 2016

최근에 환자연명의료결정법이 제정되었고, 2017년 8월 4일부터 효력을 발휘하게 된다. 이 법은 임종 과정 환자를 연명 의료 중단의 대상으로 하고, 말기 환자는 호스피스 완화의료를 받도록 하고 있는 것이 특징이다. 김할머니 사건은 뇌손상으로 지속적 식물상태에 빠진 환자에 대하여 가족이 인공호흡기 제거를 요청한 사건으로, 2009년 대법원이 일정한 요건을 인정하여 인공호흡기 제거를 허용한 사건이다. 김할머니 사건에 대하여 환자연명의료결정법을 적용하였을 때, 과연 대법원과 같은 내용의 결정이 내려 질 수 있는지 가정적 적용을 시도하였다. 환자연명의료결정법은 임종과정 환자 연명의료결정에 환자의 의사내용을 요건으로 하기 때문에, 도리어 인공호흡기 제거가 불가능할 수도 있고, 과잉적 의료개입이 지속될 가능성이 있다. 반대로 말기 환자의 경우는 연명의료중단에 대하여 환자의 자기결정권을 인정하지 않기 때문에 김할머니 사건에서 인공호흡기 제거가 불가능하다고 해석할 가능성도 있다. 현재 법에는 암, 후천성면역결핍증, 만성폐쇄성호흡기 질환, 만성간경화 및 보건복지부령으로 정하는 질환을 말기 환자로 규정하고 있는데, 보건복지부 지침 등을 통하여 김할머니와 같은 지속적 식물상태를 명확하게 제외하다는 해석이 필요하고, 전체적으로는 말기 환자의 사전 연명 의료 의사에 대한 자기 결정권 인정 여부에 대하여 재논의도 필요하다.