• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.10 no.2
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• pp.135-141
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• 2010

This research examines technologies and systems regarding right to control information in the network era. For this purpose, It attempts an integrated analysis of technologies and systems on the basis of the tree components of cyberspace. And it examines the prior researches and cases on privacy, personal information, and right to control information with emphasis on technologies and systems of the cyberspace. To protect privacy information, it analyses vulnerability of element technology, platform service technology, and individual technology. In particular, it describes, from the perspective of right to control information, the risk and security measures for personal information to be used as relation-context in the Web 2.0 environment. The research result will assist the methodology of future researches for grand theory on privacy information and help understanding the interaction between technology and society.

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

• The Korean Society of Law and Medicine
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• v.18 no.2
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• pp.105-138
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• 2017

This is case comments of several representative legal cases regarding self- determination right of patient. In a case in which an intoxicated patient attempted suicide refusing treatment, the Supreme Court ruled that the medical team's respect for the patient's decision was an act of malpractice, and that in particular medical situations (medical emergencies) the physician's duty to preserve life supersedes the patient's rights to autonomy. Afterwards, at the request of the patient's family, and considering the patient's condition (irrecoverable death stage, etc.) consistent with a persistent vegetative state, the Supreme Court deduced the patient's intention and decide to withdraw life-sustaining treatment. More recently, regarding patients who refuse blood transfusions or other necessary treatment due to religious beliefs, the Supreme Court established a standard of judgment that can be seen as conferring equal value to the physician's duty to respect patient autonomy and to preserve life. An empirical study of legal precedent with regard to cases in which the physician's duty to preserve life conflicts with the patient's autonomy, grounded in respect for human dignity, can reveal how the Court's perspective has reflected the role of the patient as a decision-making subject and ways of respecting autonomy in Korean society, and how the Court's stance has changed alongside changing societal beliefs. The Court has shifted from judging the right to life as the foremost value and prioritizing this over the patient's autonomy, to beginning to at least consider the patient's formally stated or deducible wishes when withholding or withdrawing treatment, and to considering exercises of self determination right based on religious belief or certain other justifications with informed refusal. This will have a substantial impact on medical community going forward, and provide implicit and explicit guidance for physicians who are practicing medicine within this environment.

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

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.37-73
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• 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 Korean Society of Law and Medicine
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• v.23 no.4
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• pp.75-102
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• 2022

In this article, 「Act on the hospice and palliative care and decisions on life-sustaining treatment for patients at the end of life」, 「Act On The Improvement Of Mental Health And The Support For Welfare Services For Mental Patients」, 「Organs Transplant Act」, 「Safety And Management Of Human Tissue Act」, 「Pharmaceutical Affairs Act」, 「Prevention Of Acquired Immunodeficiency Syndrome Act」, 「Tuberculosis Prevention Act」, 「Infectious Disease Control And Prevention Act」 were reviewed. Patients' right to self-determination and consent in these laws are related to civil law. even though they are closely related to the civil law in relation to patients' right to self-determination and consent. In order to consistently operate medical administration, it is necessary to understand the principles of civil law decision-making.

• 재활복지
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• v.17 no.4
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• pp.221-244
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• 2013

This study made an exploratory verification targeting severely-disabled persons on how self-determination right and empowerment of the factors organizing independent living affect community relation and productivity of the disabled. For the foregoing, this study collected data for about 2months from May through July 2012 targeting the disabled using Center for Independent Living and the Center for Human Right of the Disabled. As a result of research, this study revealed First, the level of self-determination right of the disabled differed meaningfully depending on the variables such as age, academic ability, existence of spouse, receiving pension, monthly income, residential type, time of occurrence of disability and disability rating, and in the level of empowerment, it showed a meaningful difference according to the factors like academic ability and disability rating. Second, the level of formation of community relation differed meaningfully according to the variables such as age, academic ability, existence of spouse, residential type, time of occurrence of disability, disability rating etc., and the level of productivity showed a meaningful difference according to the variables such as academic ability, existence of spouse, receiving pension, monthly income, multiple disabilities, disability rating etc. Third, as a result of investigation on the effect of self-determination right and empowerment of the disabled on their community relation, both self-determination right and empowerment turned out to have a meaningful and positive (+) effect on the community relation of the disabled. Fourth, as a result of investigation on the effect of self-determination right and empowerment of the disabled on their productivity, this study found that only the variable of empowerment exercises a meaningful and positive (+) influence on the productivity of the disabled. Therefore, self-determination right and empowerment are considered an important variable for enabling them to enjoy independent living in the future by strengthening community relation and productivity of the disabled. For this, it is required to fulfill social welfare and recognize the significance of self-determination right and empowerment in the process of rehabilitation, and develop as well as revitalize a variety of programs related to the above.

• Journal of Korean Philosophical Society
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• v.105
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• pp.27-47
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• 2008

불살생계를 제1계율로 내세우는 불교는 기본적으로 생명을 해치는 그 어떠한 행위도 용납하지 않는다. 따라서 원칙적인 입장에서는 사신(捨身) 행위에 해당하는 뇌사와 장기이식 등에 부정적인 입장을 견지한다. 그러나 현실적인 측면[적용의 융통주의]을 고려하면서도 본질적인 측면[원칙주의]을 간과하지 않는 불교의 자비와 중도주의적인 입장에 따른다면, 특수한 경우에 한해서 뇌사와 장기이식을 고려할 수도 있을 것이다. 즉 불교는 뇌사와 장기이식을 기본적으로 인정하지는 않지만, 자비의 원칙에 따라 어떤 상황에서는 엄격한 규제를 통한 제한적인 범위 내에서 뇌사와 장기이식을 허용할 수도 있다는 중도적인 입장을 취한다고 할 수 있다.

• 재활복지
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• v.17 no.4
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• pp.1-26
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• 2013

As the social development progress, social welfare policy for people with disabilities also advance to meet rights of people with disabilities. The personal assistance service(PAS) is the primary service system for persons with disabilities based on guaranteeing the self-determination. The purpose of this study was to compare the personal assistance service system between Japan and Korea to propose improvement plan for Korean system. The comparison of two countries was based on current situation analysis of PAS. The analysis on eligibility criteria, information referral, amount and type of services and service provider, appealing process and service fee deductible etc. The result showed that PAS in Korea is served according to administration convenience than personal need based. Korean PAS policies are limited to particular service amount and type of needed services to satisfy personal PAS need. Whereas, Japan PAS system is served on the philosophy of independent living paradigm and therefore, PAS is provided on personal service needs. The service emphasis is on self-determination and rights on service selection for persons with disabilities. The recommendation for improvement of PAS in Korea are as followed. First, PAS should served under independent living paradigm. Paradigm based service is important because it effects the main theme of PAS; the self determination and rights of service selection. Second, reconstruction of PAS system is needed. As it showed on analysis, eligibility criteria, information referral, amount and type of services and service provider, appealing process and service fee deductible need to be supplemented. Last, to better serve PAS, case management method should be apply. Case management would contribute to settlement of PAS system in Korea. Thru case management, participation opportunities of people with disabilities must be provided during the selection of service quantity and type of PAS.

• The Journal of the Korea Contents Association
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• v.19 no.6
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• pp.125-134
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• 2019

The purpose of this study is to explore the direction of decision support for senior citizens living alone by identifying the level of self-determination and desire for decision support. The survey was conducted on 300 elderly people living alone in five districts of Seoul. The analysis results are as follows: First, it has been shown that elderly living alone have thought that it is most important to reflect their decisions when deciding where to live. Second, respondents highly recognized that the need for support decision making as the age group grew. Third, it was found that the factors affecting the perception of the need to support decision-making by senior citizens living alone were age, trust in family and recognition of importance in decision-making. The study suggested the need for a specific, institutionalized system to support decision making for elderly living alone.