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김병일 한국지식재산학회 2005 産業財産權 Vol.- No.18
Recently, it has been faced with a controversy over medical method patents in Korea. Arguments against patents on medical method focused on several moral and ethical concerns including: the impact on patient access to life-saving techniques because of cost or a physician's fear of suit; possible invasions of patient privacy in the gathering of patent-related information; interference with physician autonomy regarding patient treatment; and disintegration of the traditional culture of disclosure and peer review that pervades the medical community and enhances the overall quality of patient care. However, the patenting of medical method poses substantial risks to the effective practice of medicine by limiting the availability of new procedures to patients, and it should be condemned on this basis. Accordingly, it can be believed that it is unethical for physicians to seek, secure, or enforce patents on medical procedures. In this article, I intend to review what legal issues are involved in patenting of medical method under patent law system.
유비쿼터스 시대를 위한 의료법의 개선방안 ― 원격의료를 중심으로 ―
김병일 전남대학교 법학연구소 2007 법학논총 Vol.27 No.2
39) Since 2000, Our government, healthcare institution and industrial circles has been showing very high concern at the development of the information of the health medical treatment and u-Health. We need consequently the maintenance of the health medical treatment field to suit a ubiquitous Health environment of a law department system. Convergence with the IT technology which has an impact on the society where mainly on the health care, education, transportation, and etc. I present the improvement suggestion and its reasons by counter-proposal of existing statute review and development. The current main issues of the legislative system and the law improvement suggestion for the u-Health activation which is related to the ubiquitous Health in which the medicine field and IT technology convergence appearance. that is, Electronic Medical Record, Telemedicine and E-Prescription and a plan for the recognition of telemedicine in the national health insurance systems and etc. This paper is aimed at investigating the current status of domestic telemedicine and an appearance background of the u-Health, in a general way. The Healthcare of an ubiquitous epoch has prospected of an instrument of solution to a fee for radical increasing of medical treatment, because an advanced age and environmental pollution etc. Second, It is needed a regulation of the Electronic Medical Record(EMR) and e-Prescription, because these was the very core element. Third, We must acknowledge fringe benefit of the national health insurance systems about a telemedicine. Thus, We need consequently the maintenance of the health medical treatment field to suit a ubiquitous Health environment of a law system.
金炳日 慶熙大學校 1979 論文集 Vol.9 No.-
This paper has systematized the Communist China's foreign policy in transition by explaining the transitional process of her foreign policy. In analyzing the basic principles of her foreign policy during the period following the establishment of the Communist China's Regime in 1949, relationship of communist China with USSR, U.S.A. and Japan have been separately discussed, and furthermore, by systematizing the basic goal of Mao Tse-tung's foreign policy, transitional trends of Communist China's foreign policy during the 1970's have been also compared with her transitional policy objectives. The conclusion of this paper reviews that the foreign policy of Communist China has undertaken a complete transition of her policy. In other words, she has strengthened the friendly relationships with U.S.A. and Japan in order to modernize her country, while the transitional relationship with USSR who has to share the common ideology within the Communist bloc has repeatedly deteriorated and turned out to be an hostile relationship. The emphasis of Communist China's foreign policy today, has inclined to improve and strengthen the closer relationships with U.S.A. and Japan, including the countries in the Second World. The priority goal of her foreign policy is modernization of her country, and the problem of ideology which has been regarded the primary policy objective will become the secondary issue or an idea which may be forgotten forever.