• International Journal of Safety
• /
• 제3권1호
• /
• pp.47-52
• /
• 2004

Current OSH system was analyzed in this paper to explain why high fatal incidents and disasters are continuously repeated for recent years in Korea. It was found that we have Dichotomous Perceptional Misconception of prevention before accident and compensation after accident and there is a significant lack of proper feed­back reward system for OSH performance. It was assumed that no reduction of accident rate and fatality rate have not been achieved recently despite of a great effort and increased resource allocations. Some statistics for proving weak punishment were analyzed. In the current system, the will of administrative agency would have been very limited particularly in the legal aspects. The Industrial Safety and Health Act is not suitable to after-injury punishment for employer and/or corporate since it is based on a framework for enforcement of prevention. Based on these analyses, it was concluded that there was a need to consider a special law for Corporate Accountability for Fatal Accidents. Because it is necessary to consider seriously for introduction of a new legal system for after injury punishment to repair the current system where it was found lack of proper feedback system. Also, there was no proper sanction measures for corporate with the current OSH legal system, and the most urgent problem in OSH area is the high fatality rate. it is necessary to consider seriously for introduction of a new legal system for after injury punishment. Also, there is no proper sanction measures for corporate with the current OSH legal system, and the most urgent problem in OSH area is the high fatality rate.

• 의료법학
• /
• 제10권1호
• /
• pp.117-168
• /
• 2009

Generally, criminal law protect the human life after he/she has born. Before the birth, the life of fetus are protected by prohibition of abortion, not of murder. Also, the fetus is not considered as an object of infliction of injury. A popular opinion and case law say that the fetus becomes a person at the point of an outset labor pains. Recently, some theories allege that traditional opinions is not sufficient in the case of induced delivery, so it should be decided by norm, not by a simple fact, whether a unborn child is a fetus or a person, and that the fetus should be considered as an object of infliction of injury. These theories can be meaningful because these could protect human life more comprehensively. In the other side, however, these could harm the legal stability and bring the excessive punishment. Abortion of negligence is not punishable in criminal law, and there is little possibility of the fetus injury without the injury of the pregnant woman. And the Contergan Case, if it happened again, must be dealt with as crime about environment or public health more severely. These new approaches are in conflict with the principle of "nulla poena sine lege" and other fundamental rules of the criminal law, and should lead to the excessive punishment and criminal provisions. Accordingly, the decision of Supreme Court of Korea about the beginning point of human being should be maintained.

• 근관절건강학회지
• /
• 제6권2호
• /
• pp.226-241
• /
• 1999

This study was undertaken to find out the causal perception of rheumatoid arthritis patients, and to understand the typology. The Q-population consisted of 236 statements of causal perception were collected. Thirty eight Q-samples of causal perception were selected. The P-sample for this study were made up of 28 first visiting female rheumatoid arthritis patients from a rheumatoid arthritis specialty hospital. Each respondent responded Q-set of causal perception according to 9-point scale. The result of Q-sorting were coded and analyzed using QUANL PC program. 1) Typological Observation on Causal Perception (1) Physical Fatigue Type : Type 1 perceived that the illness occurred due to excessive work requiring physical labor or strain that had occurred from not resting after excessive physical labor, therefore, thinking the origin of the illness was from physical strain. (2) Physical origin Type : Type 2 perceived that the major cause for the illness is not only excessive physical labour but also fecundity and old age. (3) Causality to Environment Type : Type 3 perceived that rheumatoid arthritis occurred from injury to the joints or bad and humid weather. (4) Conscience of Guilty Type : Type 4 consisted of people with guilty conscience for lack of religious commitment. They perceived that the illness was a punishment from God for not praying or because of bad luck. (5) Rationally Perceiving Type : People who belong in type 5 perceived the cause of illness in light of scientific facts such as genetics, unbalanced diet or lack of exercise. (6) Psychological Stress Type : People who belong in type 6 believed that excessive stress was the cause of the illness. 2) Emotions of Rheumatoid arthritis patients Rheumatoid arthritis patients' positive emotions included determination, courage, coping, acceptance, hope, and adoption ; and their negative emotions were prostration, worry, stupor, conflicts, grievance, giving-up, resignation, depression, loss, solitariness, fear, anxiety, avoidance, anger and loneliness. Rheumatoid arthritis patients experience different level of emotions from their suffering experience from the severe pains. Rheumatoid arthritis patients also experience negative emotions when they could not perform self-care and lose their self-esteem from painful suffering ; however, they regain positive emotions when they recover from pain with the use of drugs, physical therapy or exercise. Their emotional states are closely connected to level of and presence of pain.