• The Korean Society of Law and Medicine
• /
• v.21 no.2
• /
• pp.37-73
• /
• 2020

Medical practice with medical adaptability is not illegal. Consent to medical practice is also not intended to exclude causes of Illegality. The patient's consent to medical practice is the exercise of the right to self-determination, and the patient's right to self-determination is take shape through the doctor's information. If a doctor violates his duty to inform, failure to inform or lack of inform constitutes an act of illegality of omission in itself. As a result, the legal interest of self-determination is violated. The patient has the right to know and make decisions on his or her own, even when it is not connected to the benefit of life and body as the subject of the body. If that infringed and lost, the non-property damage shall be recognized and the immaterial damage must be compensated. On the other hand, the violation of the duty of information does not belong to deny the compensation for physical damage. Which the legal interest violated by violation of the obligation to inform is the self-determination, and loss of opportunity of choice is recognized as ordinary damage. However, if the opportunity of choice was lost because of the infringement of the right to self-determination and the patient could not choice the better way, that dose not occur plainly bad results, under the prove of these causal relationship, that bad results could be compensated. But the unexpectable damage could not be compensated, because the physical damage is considered as the special damage due to the violation of the right of the self-determination.

• The Journal of the Convergence on Culture Technology
• /
• v.5 no.4
• /
• pp.171-181
• /
• 2019

In this article, we examined designer babies and bioethics, and we reviewed how Anna argued that she had the rights to her body through trial with parents. No matter what purpose a cloned human or designer baby was born with, it is worth being respected as the birth itself. After learning the secrets of his birth in Jodie Picoult's My Sister's Keeper, which is based on a designer baby, Anna falls into confusion of identity and sues parents who decide to transplant organs regardless of Anna's will. Anna argues that she has the right to make decisions about her own body and that even her parents can't disregard her opinions. Scientists should stop their research if using biotechnology to reproduce humans, such as designer babies and cloned humans, can destroy the natural order.

• Proceedings of the Korean Fiber Society Conference
• /
• 1998.04a
• /
• pp.280-284
• /
• 1998

신체 보호와 체온유지를 담당하는 피부는 인체 최대의 감각기관이다. 피부에는 온각, 냉각, 압력, 통증, 촉각, 진동 둥을 느끼는 외수용감각기들이 산재되어 있다. 그 중에서 촉감은 건축 자재, 필기구 재질, 자동차 내장재, 의류 원단과 안감 등 신체와 접촉하는 소재에 있어 제품의 질을 결정짓는 중요한 요소이다. 특히 섬유에서의 질감이란 경제적인 면과 직결되는 문제를 안고 있다.(중략)

• Journal of the Korean Home Economics Association
• /
• v.36 no.11
• /
• pp.193-207
• /
• 1998

이 연구의 목적은 아동의 연령과 성에 따른 아동의 역량지각 발달의 경향을 조사하고, 연령, 성을 포함한 가정환경과 또래 환경의 변수들의 역량지각에 미치는 영향을 구조평형 모델을 통해 알아 보았다. 또한, 이러한 역량지각의 발달 성향을 서구 문화권과 비교하여, 역량지각발달의 문화적 보편성이나 차이점을 알아 보고자 하였다. 유아, 또는 초등학교 저학년 아동은 면접으로, 그리고 3학년이상은 설문지를 사용하였다. 조사 대상은 유아, 초등학교 1, 3, 5학년, 중학교 1학년 아동 750명과 그들의 어머니이다. 인지, 사회, 신체 영역에서 모두 역량지각은 연령이 증가할수록 낮아졌다. 인지, 신체 영역의 역량지각에선 연령과 성의 상호작용효과가 나타났다. 그러나, 서구 문화권의 연구에서는 이러한 상호작용이 발견되지 않는다. 역량지각의 공변량구조모형에서는 또래환경 변수가 모두 포함시키기에 부적합한 변수로 나타났고, 연령, 성과 가족의 수입, 아버지의 교육수준, 가정의 물리적 환경, 부모의 정서적 지지가 아동의 역량지각에 의미 있게 영향을 미치는 것으로 나타났다.

• The Korean Society of Law and Medicine
• /
• v.16 no.2
• /
• pp.3-26
• /
• 2015

Recently, Practicing of ghost surgery and duty of informed consent of doctors have become a big issue in the medical dispute and lawsuits. The ground of admitting the informed consent and the agreement(self-determination of patients) can be based on the dignity of man and the right to pursue his happiness guaranteed under Article 10 of the constitution in theory. However there are no explicit legal regulations on the duty of the informed consent and there is no substantive legal enactment on the informed consent, but there is a collision between self-determination of patients and the discretionary power of doctors. If the discretionary power on the duty of the informed consent was extended it may result in the infringement of the right of surgical patients, so called arbitrary medical treatment. Relating to this issue, New Jersey Supreme Court held that a patient has the right to determine not only whether surgery is to be performed on him, but also who shall perform it. Moreover it held that a surgeon who operates without the patient's consent engages in the unauthorized touching of another and, thus, commits a battery'. But there are no ghost surgery cases adopting battery theory in Korea, and professional negligence has been considered rather than the battery, regarding an absence of hostile intent to injure patient. Supreme Court of Korea held that a doctor who operates a medical procedure without the patient's valid prior consent based on wrong diagnosis commits professional negligence resulting in injury, and the patient's invalid consent do not preclude wrongfulness'. However, if a health care provider conducts a completely non-consensual treatment or substitute surgeon without consent, the action should be plead in battery, not negligence, but if a health care provider violate his duty of care in obtaining the consent of the patient by failing to disclosure all relevant information (risks) that a reasonable person would deem significant in making a decision to have the procedure, the action should be plead in negligence, not battery. Therefore, the scope of patients' self-determination can be protected by stating clearly the scope of the duty of the informed consent and the exemption of the informed consent legislatively, it is considered that it is valid to legislate the limitation of the discretionary power.

• Korean Journal of Medical Ethics
• /
• v.21 no.4
• /
• pp.301-315
• /
• 2018

Women have been entrusted with responsibility for pregnancy, childbirth, and nurturing by means of socially imposed 'maternity' along with their physical characteristics. Abortion too involves the bodies of women, and women are the ones most affected by it. However, women do not yet have the right of self-determination over their bodies. In the "pro-choice versus pro-life" abortion debate in South Korea, women's self-determination is often treated with less significance than the alleged "respect for life." Moreover, as Korea's declining fertility rate has become a serious social problem, women's perspectives on the issue of abortion have been sidelined. Yet even in this context, there is a double standard between the treatment of disabled and able-bodied women. The purpose of this study is to examine the issue of self-determination, especially for women with disabilities, from the perspective of a capability approach. The following three recommendations are proposed: (a) that the various contextual variables of disabled women are included in the concept of self-determination; (b) that a solid relationship between individuals and communities is established in order to ensure the realization of the right of self-determination for disabled women; and (c) that the discourse of "reproduction rights" (i.e. comprehensive rights of women with disabilities) be expanded.

• Journal of Families and Better Life
• /
• v.13 no.1
• /
• pp.157-167
• /
• 1995

본 연구는 평등한 부부관계로의 변화를 요구하는 현대사회에서 부인과의 대등하고 민주적인 의사소통을 저해하고, 부인의 정신.신체증상 호소라든가 가족문제를 야기시키는 한국남편의 전형적인 권위주위적 의사소통에 대한 관련변인을 밝혀내어 부부간의 민주적인 관계형성을 도모하고자 하는데 기초자료를 제공하기 위하여 수행되었다. 서울시에 거주하는 328쌍의 부부를 대상으로 남편의 권위주의적 의사소통에 대한 관련변인을 살펴본 결과 개인적 변인으로 자아존중감 성역할태도, 부부간의 변인으로 부부간의 의사결정권, 부부간의 학력차, 부부간의 연령차, 가족환경적 변인으로 남편의 성장가족에서 친부의 권위주위적 행동, 주관적인 사회계층이 통계적으로 유의미하였으며, 개인적 변인, 부부간의 변인, 가족환경적 변인은 남편의 권위주의적 의사소통의 전체분산 중 14.5%, 11.3%, 11.5%를 각각 설명해 주고 있다. 개인, 부부간, 가족환경 변인을 모두 고려하였을 때는 자아존중감, 부부간의 의사결정권 친부의 권위주의적 행동, 성역할 태도, 부부간의 학력차가 통계적으로 유의미하였으며, 이들 변인은 남편의 권위주의적 의사소통의 전체분산 중 25.2%를 설명해 주고 있다.

• Information Systems Review
• /
• v.20 no.1
• /
• pp.159-177
• /
• 2018

With an extensive proliferation of information and communication technology, the volume and amount of digital information collected and utilized on the Internet have been increasing rapidly. Also on the rapid rise are side effects such as unintended breach of accumulated personal information and consequent invasion of personal privacy. Informational self-determination is rarely practiced, despite various states' legal efforts to redress data subjects' damage. Personal health information, in particular, is a subcategory of personal information where informational self-determination is hardly practiced enough. The observation is contrasted with the socio-economic inconvenience that may follow due to its sensitive nature containing individuals' physical and health conditions. This research, therefore, reviews factors of self-determination on personal health information while referring to the protection motivation theory (PMT), the long-time framework to understand personal information protection. Empirical analysis of 200 data surveyed reveals threat-appraisal (perceived vulnerability and perceived severity of threats) and coping-appraisal (perceived response effectiveness), in addition to individual levels of concern regarding provided personal health information, influence self-determination to protect personal health information. The research proposes theoretical findings and practical suggestions along with reference for future research topics.

• Proceedings of the Korean Society of Computer Information Conference
• /
• 2013.01a
• /
• pp.91-93
• /
• 2013

성폭력은 강간, 강제 추행, 성희롱, 도촬 등 상대방의 의사에 반하여 성적 자기 결정권을 침해하는 모든 신체적 정신적 폭력을 말한다. 남성이 가해자이고 여성이 피해자인 경우가 많은 범죄 행위 중 하나이다. 그 중에서 성폭력의 하나인 성추행은 강제추행을 뜻한다. 강제추행이 성희롱과 다른 것은 '폭행이나 협박'을 수단으로 '추행'하는 것이다. 성추행은 성욕의 자극, 흥분을 목적으로 일반인의 성적 수치, 혐오의 감정을 느끼게 하는 일체의 행위(키스를 하거나 상대의 성기를 만지는 행위 등)로, 강제추행은 이러한 추행 행위 시 폭행 또는 협박과 같은 강제력이 사용되는 경우를 말한다. 본 논문에서는 엘리베이터 내에서 이러한 여성의 성 추행 사건을 컬러 히스토그램을 통하여 추출하도록 한다.

• Journal of agricultural medicine and community health
• /
• v.30 no.2
• /
• pp.227-240
• /
• 2005

Health promotion has more comprehensive approaches in recent years. Nevertheless we accept the concept of health promotion differently, we are agree on that community is the most important field in health promotion which includes population at the aspect of health policy, individual skill and, environment. And there are a number of different approaches to health promotion. In them, 'population approaches' and 'high -risk group approaches' has the most different characteristics. 'Population approaches' is equally important or more important than 'individual approaches' for maintaining and promoting population health. Almost part of this article contents is the summary of the guideline and population strategy of health promotion in Korea, 1999 - 2005. Community based health promotion program should be reinforced, integrated, comprehensive, collaborative through efficiently utilizing community resources. Recent new orientation of community health program is integrated health program, we can find this orientation at Ottawa charter 1986. Comprehensive approaches with the determinant factors for health are essential task. Physical activity is a key health determinant. The population-health approach suggests that educating people about physical activity is not enough. Individual behavior changes are important too, but need to be balanced with strategies for environmental change. Population strategy with physical activity for health promotion should be developed through improving social and physical supportive environment, linking and integrating community resources between public and private sectors in national, regional and local level. Continuous public education and social marketing should be provided through collaborating with community physical activity organization, facilities, work-places and school for increasing concern of all the people of community about physical activity. Governments, agencies and citizens should held and participate to building movement. And the strategy that various 'active for life' program should be developed, delivered, maintained and reinforced continuously. Basically, adequate and sufficient financing, developing human resources, policies and legislation would be provided and supported fully too. At last, research development and knowledge exchange are required domestically and internationally. In Korea, we had classified the category of strategic priority of physical activity programs by environmental support, life-course approach, high-risk group approach and disease group approach for physical activity program based on community health center. Community based core programs for physical activity that includes infrastructure building and establishment of supporting environment, community campaign, health promotion education and public service announcement, physical activity programs for elderly and obesity, exercise prescription program.