• The Korean Society of Law and Medicine
• /
• v.14 no.2
• /
• pp.217-260
• /
• 2013

In connection to the civil liability of the medical malpractice, plaintiff and courts are solving the medical disputes with theory of the liability based on tort law. because contract law does not enact the right of claim of solatium and a plaintiff's lawyer and courts hesitate to use contract law. Medical treatment of doctor is main debt in medical contract and its in-complete performance gives rise to the violations of human's life, body and health. Consequently a breach of medical contract leads to violations of person-al rights. These violations spring from liability of contract as well as tort and damages from them are recognized based on medical contract law. A duty of explanation of doctor is a independent and appendant debt to the treatment debt. However its breach provokes violations of human's life, body and health as well as a right self-determination. Therefore consolation money claim should be recognized. In case of the violation of patient's life, body and health, patient's family al-so can demand consolation money due to the violation of their's own mental pain. However in case of the violation of only patient's self-determination without informed concent, they can not demand it by reason of the violation of patient's self-determination. But by reason of the violation of patient's life, body and health that were recognized by proximate causal relation between violation of duty of explanation and abd execution, they can do.

• Korea journal of population studies
• /
• v.33 no.3
• /
• pp.101-121
• /
• 2010

The purpose of this study is to examine the job characteristics of care workers in elderly care voucher service emphasizing a social service quality management approach. The study sample was composed of randomly-selected 233 centers which dispatched care staffs to clients' home. Descriptive analyses were performed for examining the unique aspects of relationship-based labor of care staffs, and logistic regression analyses were performed for investigating the association between service quality structure and human right violation against staffs. As the first empirical study focusing on staff-side service quality factors, this study found out that human right violation against staffs was mainly influenced by record-keeping and document management capacity of center, risk protection under insurance, compliance of standard contract procedure, and regular supervision. These results suggest particular policy attention should be given to basic protection for and set-up of core activity boundaries of care workers as well as clients-centered rights both for preventing human right violation and improving overall social service quality.

• Korean Journal of Social Welfare
• /
• v.60 no.4
• /
• pp.157-173
• /
• 2008

Cultural welfare is the cultural activity provided and supported by state, a local autonomous entity, and private organizations to improve the quality of people's life. And as a basic concept as well as a premise of discussion on cultural welfare, cultural right is a social right, a right which can make cultural express, gain access to cultural activities. A statue concerning cultural activities contributed to the promotion of our people's cultural welfare interwoven with cultural right. But laws were made for the purpose of enforcing national policy and supporting regime rather than promoting fundamental human rights, and they became effective and were understood as a mere part of national government, not as perspective of their execution, security of right or realization of them. On the other hand, based on laws concerning social welfare, cultural life means human life consisting of minimum welfare system, and minimum level of life which guarantees least cultural life is becoming an objective standard. This means the standard level of cultural right, and for the handicapped cultural rights are concretely guaranteed as a right in that they will not be discriminated for their approaching to cultural activities. However, laws concerning cultural activities have limitation in that there are ambiguous concept and limitation of cultural life, and there are no concrete and active laws about cultural rights to guarantee cultural life. In a constitution and laws concerning social welfare, cultural welfare must have concrete contents about the range and the level of cultural rights. In order cultural rights to be turned into complete ones which can assert its rights, as seen in the Supreme Court, a court has to try to understand the violation of cultural rights as the violation of legal rights.

• Journal of Digital Convergence
• /
• v.14 no.8
• /
• pp.11-18
• /
• 2016

The purpose of this study is to compare the differences in human rights perception between people with disabilities and staffs in the disabled residential facilities. Using data from the '2014 Human Rights Survey on Disability in the Disabled Residential Facilities' for 602 facilities, the study compared their perception of human rights(16 items), including human rights guarantee(12 items) and human rights violation(4 items). Result showed that the rate of perception for human rights guarantee and violation(except staff violation) of staffs was higher than people with disabilities(p<.05). This study demonstrated that there were significant differences in human right perception between people with disabilities and staffs. The cause of this difference would be the conflict between roles of staff and needs of person with disabilities, absence of human rights indicators by mutual consent between the two. Our findings suggested a need for study on strategies to solve gap of perception between the two, such as integrated human rights education, developing consensual human rights indicators.

• The Journal of the Convergence on Culture Technology
• /
• v.9 no.1
• /
• pp.129-134
• /
• 2023

This study purports to investigate potential factors in various levels that affect respondents' use of youth facilities. Those levels include individual, family, and school. The data from 「2021 Youth Survey on Human Right Conditions」 will be analyzed. Hierarchical multiple regression analysis shows several results. First of all, respondents' age and level of human rights related information strongly influence respondents' use of youth facilities. Secondly, the analysis also shows that subjective well -being, abusive language and physical punishment from school faculty, and experience of human rights violation in schools affect the level of respondents' use of youth facilities. The order of effect sizes among significant variables are as follows; respondents' age, level of human rights related information, subjective well -being, abusive language and physical punishment from school faculty, and experience of human rights violation in schools. The independent variables in the model explain roughly 20 percent of whole variation of dependents variable.

• Proceedings of the Korea Contents Association Conference
• /
• 2009.05a
• /
• pp.532-536
• /
• 2009

Recently the entertainment and sports/advertisement industry have developed rapidly, and the name or identities of celebrities such as entertainers or athletics for the advertisement so that following troubles are occurred continually. Some celebrities actually started a suit for there right of publicity was violated, and won the case. Meanwhile, the right of publicity has become a growing issue in the society. In the States, the right of publicity which controls using one's identity for commercial use, and it is recognized as a right of property separated from the right of privacy. But in Germany, the right of publicity is protected as a human right. On the other hand, in Korea, there is an argument that the mental human right and the right of publicity which has property-characteristic are not separated clearly, and also the attitude of precedent toward the right of publicity is not unified. Especially in Korea, where it is taking the written laws principally, it is not easy to recognize the right of publicity which is a monopoly and exclusion without basis such as any actual laws such as regulation of agreement or any conventional laws. Therefore, as the right protection of celebrities is becoming the social state and there is an agreement with the constituents of the society, now Korea shall progress legislation about the right of publicity, and prepare a legal basis which regulates the remedies for the realization condition, alienation, inheritance, objectives, duration and violation of the right of publicity.

• Asia pacific journal of information systems
• /
• v.24 no.3
• /
• pp.325-344
• /
• 2014

Technical support of Window XP ended in March, 8, 2014, and it makes OS(Operating System) users fall in a state of confusion. Sudden decision making of OS upgrade and replacement is not a simple problem. Firms need to change the long term capacity plan in enterprise IS management, but they are pressed for time and cost to complete it. Individuals can not help selecting the second best plan, because the following OSs of Window XP are below expectations in performances, new PC sales as the opportunities of OS upgrade decrease, and the potential risk of OS technical support ending had not announced to OS users at the point of purchase. Microsoft as the OS vendors had not presented precaution or remedy for this confusion. Rather, Microsoft announced that the technical support of the other following OSs of Wndow XP such as Window 7 would ended in two years. This conflict between OS vendor and OS users could not happen in one time, but could recur in recent future. Although studies on the ways of OS user protection policy would be needed to escape from this conflict, few prior studies had conducted this issue. This study had challenge to cautiously investigate in such OS user's reactions as the confirmation with OS user's expectation in the point of purchase, three types of justice perception on the treatment of OS vendor, psychological contract violation, satisfaction and the other betrayal behavioral intention in the case of Window XP technical support ending. By adopting the justice perception on this research, and by empirically validating the impact on OS user's reactions, I could suggest the direction of establishing OS user protection policy of OS vendor. Based on the expectation-confirmation theory, the theory of justice, literatures about psychological contract violation, and studies about consumer betrayal behaviors in the perspective of Herzberg(1968)'s dual factor theory, I developed the research model and hypothesis. Expectation-confirmation theory explain that consumers had expectation on the performance of product in the point of sale, and they could satisfied with their purchase behaviors, when the expectation could have confirmed in the point of consumption. The theory of justice in social exchange argues that treatee could be willing to accept the treatment by treater when the three types of justice as distributive, procedural, and interactional justice could be established in treatment. Literatures about psychological contract violation in human behaviors explains that contracter in a side could have the implied contract (also called 'psychological contract') which the contracter in the other side would sincerely execute the contract, and that they are willing to do vengeance behaviors when their contract had unfairly been broken. When the psychological contract of consumers had been broken, consumers feel distrust with the vendors and are willing to decrease such beneficial attitude and behavior as satisfaction, loyalty and repurchase intention. At the same time, consumers feel betrayal and are willing to increase such retributive attitude and behavior as negative word-of-mouth, complain to the vendors, complain to the third parties for consumer protection. We conducted a scenario survey in order to validate our research model at March, 2013, when is the point of news released firstly and when is the point of one year before the acture Window XP technical support ending. We collected the valid data from 238 voluntary participants who are the OS users but had not yet exposed the news of Window OSs technical support ending schedule. The subject had been allocated into two groups and one of two groups had been exposed this news. The data had been analyzed by the MANOVA and PLS. MANOVA results indicate that the OSs technical support ending could significantly decrease all three types of justice perception. PLS results indicated that it could significantly increase psychological contract violation and that this increased psychological contract violation could significantly reduce the trust and increase the perceived betrayal. Then, it could significantly reduce satisfaction, loyalty, and repurchase intention, and it also could significantly increase negative word-of-month intention, complain to the vendor intention, and complain to the third party intention. All hypothesis had been significantly approved. Consequently, OS users feel that the OSs technical support ending is not natural value added service ending, but the violation of the core OS purchase contract, that it could be the posteriori prohibition of OS user's OS usage right, and that it could induce the psychological contract violation of OS users. This study would contributions to introduce the psychological contract violation of the OS users from the OSs technical support ending in IS field, to introduce three types of justice as the antecedents of psychological contract violation, and to empirically validate the impact of psychological contract violation both on the beneficial and retributive behavioral intentions of OS users. For practice, the results of this study could contribute to make more comprehensive OS user protection policy and consumer relationship management practices of OS vendor.

• Journal of Korea Society of Digital Industry and Information Management
• /
• v.5 no.3
• /
• pp.127-133
• /
• 2009

The pre-existing medical treatment was done in person between doctors and patients. EMR (Electronic Medical Record) System computerizing medical history of patients has been proceed and has raised concerns in terms of violation of human right for private information. Which integrates "Identification information" containing patients' personal details as well as "Medical records" such as the medical history of patients and computerizes all the records processed in hospital. Therefore, all medical information should be protected from misuse and abuse since it is very important for every patient. Particularly the right to privacy of medical record for each patient should be surely secured. Medical record means what doctors put down during the medical examination of patients. In this paper, we applies fingerprint identification to EMR system login to raise the quality of personal identification when user access to EMR System. The system implemented in this paper consists of embedded module to carry out fingerprint identification, web server and web site. Existing carries out it in client. And the confidence of hospital service is improved because login is forbidden without fingerprint identification success.

• Journal of Convergence for Information Technology
• /
• v.11 no.4
• /
• pp.168-175
• /
• 2021

This study aimed to identify the impact of human rights violations on elderly discrimination, focusing on the mediating effect of elderly-related experiences. After conducting a two-month survey of 143 dental students in some parts of Busan from September 4, 2020, hierarchical regression analysis was conducted to find out the mediating effects of elderly-related experiences using the SPSS 26.0 program. Dental hygiene students' perception of infringement on elderly human rights was shown to be significant in elderly discrimination(r=-.310) and elderly-related experiences(.185), indicating that elderly-related experiences were partially mediated in elderly human rights infringement and elderly discrimination. Therefore, this study intends to provide basic data on the development of dental hygiene curriculum in a super-aging society by reconsidering the need for senior-related experiences in dental hygiene and education.

• Journal of the Korean Society of Safety
• /
• v.37 no.3
• /
• pp.52-59
• /
• 2022

Conventionally, all the unsafe acts by human beings in relation to industrial accidents have been regarded as unintentional human errors. Exceptionally, however, in the cases with fatalities, seriously injured workers, and/or losses that evoked social issues, attention was paid to violating related laws and regulations for finding out some people to be prosecuted and given judicial punishments. As Heinrich stated, injury or loss in an accident is quite a random variable, so it can be unfair to utilize it as a criterion for prosecution or punishment. The present study was conducted to comprehend how categorizing intentional violations in unsafe acts might disrupt conventional conclusions about the industrial accident process. It was also intended to seek out the right direction for countermeasures by examining unsafe acts comprehensively rather than limiting the analysis to human errors only. In an analysis of 150 industrial accident cases that caused fatalities and featured relatively clear accident scenarios, the results showed that only 36.0% (54 cases) of the workers recognized the situation they confronted as risky, out of which 29.6% (16 cases) thought of the risk as trivial. In addition, even when the risks were recognized, most workers attempted to solve the hazardous situations in ways that violated rules or regulations. If analyzed with a focus on human errors, accidents can be attributed to personal deviations. However, if considered with an emphasis on safety rules or regulations, the focus will naturally move to the question of whether the workers intentionally violated them or not. As a consequence, failure of managerial efforts may be highlighted. Therefore, it was concluded that management should consider unsafe acts comprehensively, with violations included in principle, during accident investigations and the development of countermeasures to prevent future accidents.