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KMID : 1001320160430030085
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Social Welfare Policy
2016 Volume.43 No. 3 p.85 ~ p.112
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A Study on Analysis of the Judicial Precedents on Accidents in the Elderly Care Facilities: Focus on the Type of Care Accidents, Disputes and Preventive Actions
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Youn Ki-Hyok
Park Kyung-Il
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Abstract
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This study is to analyze the judicial precedents on accidents happened in the elderly care facilities in Korea according to the types of accidents and items of disputes in order to find out the measure to prevent the further accidents in the elderly care facilities. For this study, the research focused on 7 judicial precedents on lawsuits tried in the lower courts which happened from July 2008 when the long-term elderly care insurance took effective to the end of December 2015. The study showed us the followings. First, the types of accidents which happened in the elderly care facilities in Korea and which led to the lawsuits in the court include the fall, loitering (without notice), dysphasia, elderly harrassment, trouble between users, fall from bed and careless care (injury). Second, the key disputes arising from the judicial precedents on lawsuits related to the care accidents in the elderly care facility include the violation of care obligation, predictability and avoidability, damages due to the delay in prompt care obligation (related to the death) and illegal actions. Based on these findings, there should be the actions to prevent the care accidents in the elderly car facilities as follows; the severity of the care accident in the elderly care facilities shall be educated to the practitioners in the facilities and the risk control system shall be constructed. In addition, for accident prevention, the incident reporting shall be made mandatory. The labor displacement standard shall be strengthened for the care and protection of elderlies having dementia. In addition, when the accident occurs, the prompt care shall be sincerely conducted. Lastly, for the prevention and prompt response to the care accident, a risk management manager shall be appointed.
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KEYWORD
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Elderly Care Facility, care accidents, care accidents judicial precedent
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