Korean | English

pISSN : 2288-1840

2020 KCI Impact Factor : 0.86
Aims & Scope
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      In order to respond to complex legal disputes caused by social development, the The Korea Society for Legal Theory and Practice Inc. publishes the journal “LEGAL THEORY & PRACTICE REVIEW” (hereinafter “Journal”). The journal selects and publishes research papers that help legal professionals with expertise in related fields not only academically but also practically to solve problems efficiently with sound professional ethics. The journal is responding to the various expectations and requests of the public by selecting specific research tasks related to legal practice as well as legal theory and presenting alternatives. Accordingly, the journal studies legal education, the paralegal system, and judicial administration, and presents alternatives through joint academic conferences and research with related institutions in practice. The journal aims to contribute to the establishment of legislative and judicial policies of legal institutions, and responds to the expectations and requests of various legal services from the public. Therefore, compared with other general law journals, the papers contained in this journal can be said to have high professionalism and academic value, and its quality does not degrade even when compared to international journals.
Editor-in-Chief
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Kim, Jong-Ho

(Department of Law and Police Administration, Hoseo University)

Citation Index
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  • KCI IF(2yr) : 0.86
  • KCI IF(5yr) : 0.76
  • Centrality Index(3yr) : 0.908
  • Immediacy Index : 0.3864

Current Issue : 2021, Vol.9, No.3

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  • A Sociological Study on Nurses’ Specialty Area Regulations - Specialized and non-specialized areas formed by professionalization -

    송명환 | 2021, 9(3) | pp.11~42 | number of Cited : 0
    Abstract
    It has been recognized that the acquisition of knowledge and skills to engage in the profession and the education thereof are carried out by the professional group and that the profession is empowered. Having these elements is a condition of a profession, and at the same time, inheriting the uniqueness of the profession. From ancient times, when it comes to professions, doctors, lawyers, and priests have been called the three black professions (Trois robes noires). These occupations represent a socially established status, and that ‘the predecessor form can be found in the pre-modern society long before industrialization,’ ‘received as a model by workers of many professions aiming at professionalization.’ It is a job that is being taken in. If so, how did the nursing profession become a profession? The professionalism of the nursing profession is revealed by the educational content in the training process, the acquisition of national examination qualifications, and the exclusive job content after qualification acquisition, as well as the recent sudden high-level professional education in graduate schools and the qualification recognition system by the professional group. However, the nursing profession was initially considered a semi- (or semi-professional) profession because it lacked the elements to become a professional position. It is also important to point out that it would be impossible to approach the reality of modern professions and professions with the concept of professional workers or professions. In recent years, the medical profession has been specialized and advanced due to the progress of division of labor, so it is also a problem whether it is the former ‘three black medical professions’ that can show the expertise of many professions. In particular, occupations in health, medical care, and welfare are human and service, which is far from the achievement of authority shown in the ‘black job.’ It is thought that it is necessary to show what kind of professionalization is in a relationship. This can be seen as a contrasting position between the so-called monopoly of knowledge on the professional side and the relative ignorance of the client or the public about it, as the basis of professional authority. This is because authoritative performance based on contrast such as the presence or absence of specialized knowledge requires a medical attitude based on an equal relationship between other medical staff and patients. Previous studies on nursing professions have tried to reveal professionalism through job or nursing practice ability, and research studies targeting individual nursing professionals have been the mainstream. Because the basic education for obtaining qualifications was not uniform and varied, there were individual differences in ability acquisition and necessity, and it seemed that it was because they tried to reveal the professionalism in relation to the individual's career orientation. The purpose of this thesis is to reveal the expertise of the nursing profession in the profession of human service, which is the ultimate in authority. First, the nursing profession is summarized from the point of study on the profession. Next, research on the professionalism of the nursing profession is difficult to find in its entirety as there is no continuous data accumulation or systematic overview of the research papers. To this end, we review the history of discussions about nursing professionalism in three aspects: job content of the nursing profession, autonomy related to the profession, and professional education. After that, the characteristic elements of the profession found so far and the professionalism of the nursing profession will be compared.
  • A Study on ‘Auxiliary Acts of Treatment’ as a Nurse’s Job

    won, sang-chul | 2021, 9(3) | pp.43~58 | number of Cited : 0
    Abstract
    In Japan, there is no clearly defined regulation on what nursing work is. However, Article 5 of the Public Health Nurses Midwifery Nurse Act defines a nurse as “a person who has obtained a license from the Minister of Health, Labor and Welfare and whose business is providing medical care for the sick or nursing staff or assisting in medical treatment,” Article 31 of the same Act Paragraph 1 of Article 1 only stipulates that ‘a person who is not a nurse must not engage in the business stipulated in Article 5.’ In addition, after stipulating nurses, non-nursing personnel should not engage in the business stipulated in Article 5. Both are nursing professions (the scope of the nurse’s monopoly) and are generally understood to be nursing. Above all, it is not always possible to derive the details of the work performed by a nurse, and in particular, there is an action on the borderline of whether a nurse can perform it as a profession. Nurses use medical machines to award medicines, give instructions for medicines, and do not perform any other act that may cause sanitary harm unless directed by the attending physician or dentist. You should not do it, but you can take temporary emergency measures. Nurses who violate this rule face criminal punishment. Therefore, it is very important to clarify what a nurse’s job is and what it means to act as a medical assistant. In this study, the scope of the nurse’s work is reviewed, focusing on whether the acts of Article 37 of the Japanese Assistant Act are included in the nursing work stipulated in Article 5 of the Assisted Act. In the current situation in Korea where there is no nurse law, a study on the Japanese legal system will provide important implications.
  • Responsibilities of nurses and nursing students

    Lee Sang hoon | 2021, 9(3) | pp.59~83 | number of Cited : 0
    Abstract
    According to the Medical Act, two types of work can be established as a nurse’s work: ‘care in convalescence’ and ‘assistance for treatment.’ Regarding “medical care”, it is called “Nurse’s original duties”, which include observation of patients’ symptoms, environmental maintenance, meal assistance, wiping and excretion care, and life guidance. In contrast, what is referred to as “assistance for treatment” requires a doctor’s instruction. ‘For relatively minor medical practices involving physical invasiveness, nurses’ medical practices are partially permitted under the doctor’s instructions. The specific content has changed with the times. At the present time, it is said that these include blood collection, intravenous injection, Ringer, manipulation of medical devices, and treatment. Nursing students are not nurses. In principle, the duties of a nurse cannot be performed by anyone other than a nurse. This is for the purpose of preventing health and hygiene risks by monopolizing the work of professional nurses. Therefore, it is not permissible to provide medical assistance even if there is a doctor's order. This is a logical conclusion. On the one hand, sitting alone or watching a video is not enough to understand nursing work. This is a worrisome point. If the purpose of the law is to be “risks for health and hygiene,” it is to strengthen the guidance and supervision of senior nurses and doctors. The need to practice nursing students is also clearly evident in tomorrow’s medical sector. In this regard, the understanding of the patient is a very important factor. In many medical institutions and facilities, when requesting practice for nursing students, consent is obtained rather than the patient. If not an agreement, ‘nursing student enters, I’m begging you.’ It is a phenomenon which is explained, the agreement made verbally, such as ‘recommended.’ For a limited time, but some general information, and explain the circumstances surrounding the medical field or corresponding points on the medical dispute. I hope that you understand a bit of the lawyer’s point of view and that it will be helpful in treating patients.
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