• 의료법학
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• 제10권1호
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• pp.39-75
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• 2009

The development of the biomedical science and technology has extended an argument about a status in constitutional law of unborn human life and a protection of the potential human life to that of an embryo and a gamete beyond a fetus. This argument has been focused on whether we should provide unborn or potential human life with human dignity and the right to life that are guaranteed by the constitutional law altogether or separately. If the right to life is given to unborn or potential human life, on what grounds can we restrict this right. Those who argue for the unity of the right to life with human dignity and the inseparability of those two claims that the right to life in itself should be guaranteed absolutely. According to the constitutional law, however, any constitutional right of the human person within the protection of essential part of the right can be compared with each other and restricted with some valid reasons from the legal perspective. This measure is unavoidable in reality because one right can come into conflict with another right frequently. Since fetus and embryo are in a process of developing into the human person, it is difficult to think that they are the same with the human person. For that reason, it is hard to consider that the right to life of fetus or embryo is the same with that of the human person. However, since a fetus has a special status as a potential human person, and an embryo also has a special value as a potential fetus upon an implantation, the right to life of fetus or embryo should be judged differently according to the stage of their development. A study on a constitutional status and protection of a fetus and an embryo is essential because unborn or potential human life is the origin of human person. Therefore, we have to make much account of their right to life and seek the legal respect for their inherent value.

• 한국철학논집
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• 제37호
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• pp.71-96
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• 2013

본 연구는 남당 한원진의 철학사상, 특히 심성론을 비판적인 입장에서 논의한 것이다. 주지하다시피, 남당은 인물성(人物性)의 상이함을 강조해서 "인간의 가치와 존엄성을 공고히 하고자 했다"고 평가된다. 그러나 그의 이론체계는 결코 그런 목적을 지지하지 못했다. 우선, 그는 현실세계에 초점을 맞춰 "기선리후(氣先理後)"를 주장했는데, 이는 리의 존재론적 의미가 기에 의해 변질될 수 있다는 뜻으로 결국 리로 하여금 천지만물의 최종근거이자 순선한 도덕법칙이 될 수 없도록 만들어 버린다. 이런 논리가 심성론에도 그대로 적용되어, 결국 천지만물의 실제적인 성은 기질에 의해 변질된 리가 또한 기질과 뒤섞여 형성된 것이며, 현실적이고 구체적인 심은 기품에 의해 이미 그 '우열'이 결정되어 있는 인지능력을 가질 뿐이다. 이런 심성에 근거해서 우리가 어떻게 도덕을 실천할 수 있겠으며, 인간의 가치와 존엄성을 확보할 수 있겠는가?

• 영미문화
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• 제17권1호
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• pp.107-128
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• 2017

Gaines depicts the process of transformation of a black young who accepts his execution with dignity in A Lesson Before Dying. There two personas of the protagonist, Jefferson, appear in this novel. The former seen in the black and white community is the persona of falsehood and submission, and the latter appeared in the black community is the true persona. The former, the pig persona in black-and-white community is created, forced onto them by whites and the human persona in the black community is made by their own standards without being forced. Jefferson has been depersonalized by his pig persona. He implements their false persona by mimicking pigs to confront its reality. And then he retrospects the pleasure of relationship throughout his own life. Grant's expensive gift, the radio, becomes a trigger to realize the significance of his existence and the social solidarity. Moreover, many black visitors look at him with expectant eyes of fulfilling their historical burden. After all, Jefferson is executed as a human being with dignity, and the transformation of Jefferson from a pig to a human is getting rid of the white values and standing on the black values. In other words, it is the procedure of creating the new myth out of the false myth, from meaningless life to meaningful death.

• Journal of Korean Biological Nursing Science
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• 제25권1호
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• pp.8-19
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• 2023

Purpose: The purpose of this study was to analyze the experiences and perceptions of nursing students related to their cadaver practice through an integrative review. Methods: An integrative review was conducted using Whittemore and Knafl's framework published in 2005. The key words, "nursing students & cadaver" and "nursing students & anatomy" were used to search peer-reviewed publications in six databases. Among 373 searched articles, 15 articles were selected after excluding articles that did not meet the inclusion criteria. The literature quality was moderate (levels C and B). Results: The results from the 15 selected studies were integrated and classified into seven themes: "anxiety and discomfort," "gratitude and respect for donors," "dignity of the human body and life," "acceptance of death," "getting closer to the nursing profession," "enhanced understanding and memory of the human body" and "enhancement of learning motivation." Conclusion: In conclusion, cadaver practice provided an opportunity to form values about the dignity of life and death, helped nursing students understand the human body, and motivated them to approach the profession of nursing. It is suggested to develop integrated cadaver practice programs that incorporate bioethics, spiritual nursing, and the vocation of the nursing profession.

• 한국간호교육학회지
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• 제24권1호
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• pp.50-60
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• 2018

Purpose: This study aims to determine the bioethical subjectivity of nursing students with experience volunteering in elderly care facilities, and the characteristics that comprise the types thereof. Methods: Q methodology, which analyzes the subjectivity of each type, was used. The 37 selected Q statements from 32 participants were classified into the shape of a normal distribution using a 9-point scale. The collected data were analyzed using the PC-QUANL program. Results: The survey revealed that the bioethical subjectivity of nursing students with experience volunteering in elderly care facilities can be divided into three types: a rational dignity emphasis, an autonomous right to life belief, and conflict avoidance. All three attitudes regard human beings as possessing dignity, and life and death as elements to be experienced as aspects of human life. Bioethical values are critical to treatment and care; however, it is sometimes also held that humans have the right to commit suicide. Conclusion: This study enhanced our awareness of nursing students' bioethics. The findings can be used as a basis for the design of differentiated bioethics education according to each type of bioethical subjectivity. This calls for diverse research on bioethics and the implementation of effective bioethics education.

• 의료법학
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• 제13권2호
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• pp.285-308
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• 2012

The Korean supreme court said that Mrs Kim who was in a persistent vegetative state had a right to die if she had a presumed will or assumption of dying against Severance hospital in 2009. Presumed would be vague and can not be subjective to conjecture though, the court had a developed trial on the case. I recommend the higher valued notion such as the 'right to decide on the life extension' is more logical than assumptive will. To achieve this recommendation, I will search right to life, right to decision, human dignity and find the good relationship between them. In conclusion, I will announce that if PVS patients without advanced directives aren't able to express their will and no one could not assume their right to die in spite of meaningless life extension. So only the due and strict procedure about the extinction of meaningless PVS patients will allow them to sacrifice themselves or remove life extension ventilators. Also active euthanasia would be possible under the strict procedure of making advanced directives and the act of helping active euthanasia additionally, the crime of abetting suicide would not be executed in the legal scope.

• 의료법학
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• 제15권1호
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• pp.303-333
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• 2014

The right to self-determination in regard to one's body is a key element of human dignity, privacy and freedom. It is constitutionally enshrined in the guarantee of human dignity, in the general right of personality and, most concretely of all, in the right to physical integrity. In principle No-one may trespass another person's body against his will, whether this act improves his physical condition or not. This right of self-determination applies equally to healthy and to sick people. Hence everyone has the right either to permit or to refuse a medical treatment, unless he can not make a rational decision. If the person does not consent himself, for whatever reason, another one must do for him as guardian. Representation in consent to medical treatment is therefore the exception of self-determination rule. This article explored, 1. who can consent to the medical treatment in the case of the mentally incapacitated adult and the infant, 2. what kind of consent to the medical treatment can the deputy determinate for the mentally incapacitated adult and the infant, 3. when the deputy can not determinate without permission of the court, and 4. what can the doctor do in the case of conflict between minors and guardians.

• 의료법학
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• 제10권2호
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• pp.455-492
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• 2009

(Background) Recent biotechnological breakthroughs are shedding new lights on various ethical and legal issues about human biological material. Since Rudolph Virchow, a German pathologist, had founded the medical discipline of cellular pathology, issues centering around human biological materials began to draw attention. The issues involving human biological materials were revisited with more attention along with series concerns when the human genome map was finally completed. Recently, with researches on human genes and bioengineering reaping enormous commercial values in the form of material patent, such changes require a society to reassess the present and future status of human tissue within the legal system. This in turn gave rise to a heated debate over how to protect the rights of material donors: property rule vs. no property rule. (Debate and Cases) Property rule recognizes the donors' property rights on human biological materials. Thus, donors can claim real action if there were any bleach of informed consent or a donation contract. Donors can also claim damages to the responsible party when there is an infringement of property rights. Some even uphold the concept of material patents overtaking. From the viewpoint of no property rule, human biological materials are objects separated from donors. Thus, a recipient or a third party will be held liable if there were any infringement of donor's human rights. Human biological materials should not be commercially traded and a patent based on a human biological materials research does not belong to the donor of the tissues used during the course of research. In the US, two courts, Moore v. Regents of the University of California, and Greenberg v. Miami Children's Hospital Research Institute, Inc., have already decided that research participants retain no ownership of the biological specimens they contribute to medical research. Significantly, both Moore and Greenberg cases found that the researcher had parted with all ownership rights in the tissue samples when they donated them to the institutions, even though there was no provision in the informed consent forms stating either that the participants donated their tissue or waived their rights to ownership of the tissue. These rulings were led to huge controversy over property rights on human tissues. This research supports no property rule on the ground that it can protect the human dignity and prevent humans from objectification and commercialization. Human biological materials are already parted from human bodies and should be treated differently from the engineering and researches of those materials. Donors do not retain any ownership. (Suggestions) No property rule requires a legal breakthrough in the US in terms of donors' rights protection due to the absence of punitive damages provisions. The Donor rights issue on human biological material can be addressed through prospective legislation or tax policies, price control over patent products, and wider coverage of medical insurance. (Conclusions) Amid growing awareness over commercial values of human biological materials, no property rule should be adopted in order to protect human dignity but not without revamping legal provisions. The donors' rights issue in material patents requires prospective legislation based on current uncertainties. Also should be sought are solutions in the social context and all these discussions should be based on sound medical ethics of both medical staffs and researchers.

• 한국사회복지학
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• 제59권3호
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• pp.33-58
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• 2007

사형은 단순히 하나의 경과적 형벌로 끝나는 것이 아니라 한 사람의 존재를 영원히 지워버리는 것으로서 실존주의적 휴머니즘에 반할뿐 아니라 사회통합이라는 사회복지 목표에 정면으로 배치되는 제도이다. 이에 본 연구는 교정복지의 가치와 철학을 중심논거로 사형에 대한 다각도의 비판적 고찰을 함으로써 그 문제성을 지적하고 나아가 사형제도 폐지의 당위성을 이끌어 내고자 하였다. 요컨대, 사형은 생명권이라는 불가침적인 기본권과 시공을 초월한 인간의 생존본성을 부정할 때만 가능한 것이다. '인간행동의 근거'를 문화와 사회라는 사회체계 속에서 찾으려는 거시적 관점을 부인할 수 없는 한, 사형제도는 사회연대와 인간존엄성과 같은 가치를 바탕으로 사회구성원들이 자기실현을 할 수 있도록 사회 전체가 책임을 진다는 복지철학에 반하며, 범죄인에 대한 교정과 재활 등 적극적으로 특별예방을 지향하는 교정복지의 목표와도 상치되는 것으로서 마땅히 폐지되어야 한다.

• 철학연구
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• 제146권
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• pp.1-24
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• 2018

본 논문의 목적은 생명윤리에 대한 이론 윤리학이 갖는 의미를 탐색하는데 있다. 첫 번째로 싱어가 제시하고 있는 이익평등고려의 원칙과 선호공리주의가 생명윤리 분야 내에서 어떠한 의미와 한계점을 갖는지 살펴본다. 두 번째로 칸트 윤리학이 생명윤리 분야에서 갖는 중요성을 강조해 보고, 그럼에도 부족했던 관점을 알아본다. 마지막으로 아리스토텔레스의 덕윤리가 생명윤리로 실현되어야 하는 이유를 살펴보고, 이를 통해 인간 삶의 의미를 제언하고자 한다. 싱어의 주장은 기존 윤리학사(倫理學史)에서 고려하지 못했던 진화한 생명에 대한 새로운 화두를 던져준다. 그는 당연시 되었던 인간 존엄에 대해 부정할 수 없는 차원의 의견을 제시하였다고 볼 수 있다. 또한, 생명 존중 대상에 대한 범위 확장을 합리적으로 이루었다고 평가할만하다. 이와 구분하여, 칸트 윤리학은 인간 존엄의 의미를 형이상학적 의미를 근거하여 설명한다. 더 나아가 인간 삶의 올바른 방향성을 제시한다. 그들의 주장을 수용함에도 결핍되었던 삶의 의미는 아리스토텔레스의 덕윤리의 적용을 통해 해소될 수 있을 듯하다. 인간을 비롯한 존재자의 삶의 의미는 생명, 더 나아가 존재 자체에 내재된 것일 수 있다.