• Title/Summary/Keyword: Rights

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A Study on Legal Regulation of Neural Data and Neuro-rights (뇌신경 데이터의 법적 규율과 뇌신경권에 관한 소고)

  • Yang, Ji Hyun
    • The Korean Society of Law and Medicine
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    • v.21 no.3
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    • pp.145-178
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    • 2020
  • This paper examines discussions surrounding cognitive liberty, neuro-privacy, and mental integrity from the perspective of Neuro-rights. The right to control one's neurological data entails self-determination of collection and usage of one's data, and the right to object to any way such data may be employed to negatively impact oneself. As innovations in neurotechnologies bear benefits and downsides, a novel concept of the neuro-rights has been suggested to protect individual liberty and rights. In Oct. 2020, the Chilean Senate presented the 'Proyecto de ley sobre neuroderechos' to promote the recognition and protection of neuro-rights. This new bill defines all data obtained from the brain as neuronal data and outlaws the commerce of this data. Neurotechnology, especially when paired with big data and artificial intelligence, has the potential to turn one's neurological state into data. The possibility of inferring one's intent, preferences, personality, memory, emotions, and so on, poses harm to individual liberty and rights. However, the collection and use of neural data may outpace legislative innovation in the near future. Legal protection of neural data and the rights of its subject must be established in a comprehensive way, to adapt to the evolving data economy and technical environment.

The Recognition of Special Teachers for Early Childhood about the Guarantee of Rights of Infants and Toddlers with Disabilities (유아특수교사의 장애영유아 권리보장에 대한 인식)

  • Kim, Sam-Sup
    • Journal of Digital Convergence
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    • v.17 no.2
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    • pp.475-487
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    • 2019
  • The purpose of this study was to investigate whether there are any differences in the recognition of the level of the guarantee of the rights of infants and toddlers according to the teachers' variables(gender, age, working experience) and institutional variables (institution type, establishment type, scale, area). We surveyed 365 special education teachers and found out differences. The results are as follows. First, there was no difference in the recognition according to gender. Second, there was no difference in the recognition according to age. Third, there was no difference in the recognition by working experience. Fourth, the recognition by type of educational institution showed that there were differences in the ambit of rights to life, protection, development, and participation. Fifth, the recognition according to the establishment type showed there were differences in the rights to life and development. On the other hand, there was no difference in the rights to protection and participation. Sixth, there were differences in the recognition about the rights to life, protection, development, and participation according to the scale of the education institutions. Seventh, there were no differences in the region. The results of this study can be used as basic data for establishing policy for the promotion of educational rights for infants with disabilities.

The Structural Relationship among Job Stress, Human Rights Behavior, Social Support and Job Satisfaction (노인장기요양시설 종사자들의 직무스트레스와 인권옹호행동, 직무만족의 구조적 관계: 사회적 지지의 매개효과를 중심으로)

  • Kim, Keunhong;Song, Jiwon
    • 한국노년학
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    • v.37 no.3
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    • pp.747-762
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    • 2017
  • Recently, as the number of patients with dementia using nursing homes increases, the interest about the quality of care services is increasing. Job satisfaction of caregivers is very important factor in the quality of care service. In addition, as perception of human rights is heightened, human rights behavior in nursing homes is also recognized as an important factor. The purpose of this study is to investigate the structural relationship between job satisfaction and human rights behavior, job stress, and social support of dementia workers who have significant influence on quality of care service. For this purpose, 210 questionnaires were collected from 300 dementia workers working in the elderly nursing home, day night care center, and domiciliary visit care center in Gyeonggi province. After excluding 13 questionnaires, the questionnaires were analysed by AMOS and SPSS 21.0. The results of the analysis are following. It was found that job stress significantly affects the social support directly (-.276). Also, social support significantly affects job satisfaction (.315). On the other hand, human rights advocacy has a direct effect on job satisfaction (.175) and an indirect effect (.102), showed a total effect of (.277). This shows that social support partially mediates human rights advocacy and job satisfaction. Job stress had a direct effect on job satisfaction(-.217) and an indirect effect(-.095), indicating a total effect of (-.312), and social support partially mediated job stress and job satisfaction Could know. The results of this study suggest that in order to improve the job satisfaction of the dementia workers, it is necessary to increase the human rights advocacy behavior and reduce the job stress in an environment that recognizes the social support.

Constitutional Legitimacy of the Maritime Cadet Training System : Justifiable Restrictions on the Cadet's Fundamental Rights at the College of Maritime Science of the KMOU (해사대학 승선생활교육의 헌법상 기본권제한에 관한 연구 - 한국해양대학교 해사대학을 중심으로 -)

  • Lee, Sang-Il;Yoo, Jin-Ho;Choi, Jung-Hwan
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.22 no.5
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    • pp.430-443
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    • 2016
  • This paper involves the constitutionality of the restrictive by-laws established by the 'College of Maritime Science' at the 'Korea Maritime and Ocean University' when they affect the cadet's fundamental rights, particularly, in connection with the training system of the 'Merchant Cadet Dormitory.' The issue in question is whether the school regulations may fall within a judicially permissible boundary in light of the general principles of constitutional rights in that the rules are enacted by the school itself in accordance with the Article 31, Section 4 of the Constitution and largely regulate the cadets' living conditions on a campus. However, the general scrutiny standard the courts apply requires the school enactments to pass three tests to be justified: (1) legislative authorization, (2) proportionality and (3) non-infringement on the essential elements of the fundamental rights as articulated under Article 37, Section 2 of the Constitution. The review in this paper shows that, first, the by-laws at issue find themselves statutorily authorized by the 'Higher Education Act' and the 'Decree of the Establishment of National Schools', with the proportionality as a second part observed within a justifiable scope and the essential elements of the fundamental rights as the third point not being marred. In conclusion, the school's dormitory training system is not found to cross the line and, however, the school authorities still need to keep overseeing the overall training course to secure the constitutional proportionality.

The Relationship between Human Rights Sensitivity, Interpersonal Caring Behavior, and Biomedical Ethics in Nursing Students Who Have Experienced Clinical Practice (임상실습 경험이 있는 간호대학생의 인권감수성, 대인돌봄행위와 생명의료 윤리의식과의 관계)

  • Kim, Seon-Young
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.4
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    • pp.410-418
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    • 2020
  • This study examined the correlations between investigating human rights sensitivity, interpersonal caring behavior, and biomedical ethics in nursing students who have clinical practice experience. The data were collected using structured questionnaires for 3rd and 4th grade nursing students who were attending three universities in Gyeonggi-do and Chungcheong-do. As a result of this study, nursing college students' human rights sensitivity, interpersonal caring behavior, and biomedical ethics were scored as 112.23, 3.95, and 2.03 points, respectively. There were significant differences in human rights sensitivity according to major satisfaction (t=3.320. p=.001), clinical practice satisfaction (t=2.557, p=.012), and clinical peer relationship (t=4.234, p<.001), interpersonal care behavior according to major satisfaction (t=3.423. p=.001), clinical practice satisfaction (t=4.364, p<.001), and clinical peer relationship (t=3.708, p=.001), and biomedical ethics according to major satisfaction (t=-2.404, p=.018). Human rights sensitivity showed positive correlations with biomedical ethics (r=.27, p<.01), and interpersonal caring behavior showed a positive correlation with biomedical ethics (r=.17, p<.05). Based on these findings, it is necessary to develop systematic nursing education programs to strengthen interpersonal caring behavior, biomedical ethics, and human rights sensitivity.

Standards on the Effectiveness of the Rights to Social Security of People with Disability (장애인 사회보장수급권의 실효성 기준에 관한 연구)

  • Seo, Jeong-Hee
    • Korean Journal of Social Welfare
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    • v.62 no.1
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    • pp.211-235
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    • 2010
  • This study attempts to examine standards on the effectiveness of the rights to social security of people with disability. The current research makes the standards on effectiveness of social security rights to the disabled. This standards draw four right areas and five general principles from debates about effectiveness of general social security rights and extend for applying three social area to the disabled. Four right areas are benefit coverage, benefit structure, benefit restriction and rights relief. Five general principles are enforceable rule principle, national finance principle, unconditional principle, adequacy principle and penalties principle. These four right areas and five general principles apply to three social security areas of income support, employment security and medical security. Measurement values are 'high' and 'low'. These measurement values divided into two that are used to ensure same intervals. This study on standards to the effectiveness of the rights to social security of people with disability has political and theoretical implications. First, in political aspects, these standards provide objective understanding of the present level of social security policies for the disabled. Second, theoretically the current study expands debates about the effectiveness of general social security through multi-disciplined research. At once this study is significant to establish empirical research foundation.

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Research on the Actual Condition of Working Conditions in the Small and Medium Clinics (중소 병.의원 근무환경 실태조사)

  • Cheol, Kweon-Dae;Mi, Jang-Myeong;Hei, Jang-Yun;Mo, Chung-Kyung;Sin, Kwak-Choong
    • Journal of radiological science and technology
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    • v.28 no.1
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    • pp.55-65
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    • 2005
  • Research of actual condition of working conditions in the small and clinics, in the Seoul metropolitan city and Kyeonggido province. With the health care environmental change such as a rapid increase of the elderly people, rapid increase of health promotion needs, it is necessary to analyse and identity of the actual condition of working conditions for present and new radiological technologist. Research of general characteristics for the present radiological technologist. To research of the status employment, business scope, pay, working conditions, radiation safety management, equipment, and category association. Defining the problems of related working conditions, radiation safety management for the comprehensive methods to promote the rights the radiological technologist. A proposal for establishment legislature and system of the actual condition in the hospital for radiological technologist. Estimation for the demand and supply numbers of present radiological technologist and improvement of employment relations. Improved and refined scope business and duty regulation related to radiological technologist. Application for the establishment and development of promotion rights to utilize as basic data in a legislative and system frame of reference to implement the radiological technologist.

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A Study of Children's Statements in sexual violence cases of children less than the age of 13 -Focusing on video-recorded hearsay evidence- (13세미만 아동성폭력 재판에서의 아동진술연구 -영상매체를 통한 전문 증거를 중심으로-)

  • Park, Yeon Ju;Kim, Jung Woo
    • Journal of the Korean Society of Child Welfare
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    • no.55
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    • pp.87-111
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    • 2016
  • This study aimed to examine how video-recorded hearsay statements are taken in trial with regard to testimony of children less than the age of 13 in terms of children's rights, and to assess policy implications for the purpose of improving the current system. This study analyzed the precedents in accordance with their facts and contents. The analysis of the contents dealt with the main issues of trials concerning the sexual violence of children less than the age of 13. Specifically, This study selected precedents dealing with video-recorded hearsay statements, which are children's indirect statement, as core legal issues; examined the credibility(probative power) and admissibility of video-recorded statements; and prepared systemic alternatives in accordance with the United Nations Convention on the Rights of the Child, the international standards for the protection of children's rights. As a result, this study proposed creating and utilizing indicators to assess evidence admissibility and the credibility of video-recoded statements in trial, thus reducing judgement through judges' discretion. Also proposed are new regulations with regard to cross-examination coverage of the hearsay statement of a child in a sexual violence trial of concerning children less than the age of 13. This study suggests an improvement in legal policies, based given that children's rights are more vulnerable than those of adults in trial. Nevertheless, this study is limited in that it selected and reviewed only among precedents that are in the public record.

Supporting plan of disabled welfare center for the Disabled in Securing the Maternity Rights (Pregnancy·Childbirth·Child Rearing) of Disabled Women from a Gender-Sensitive Perspective (성인지적 관점의 여성장애인 모성권(임신과 출산,자녀양육)보장을 위한 장애인복지관의 역할)

  • Choi, Sun-kyoung
    • Journal of Digital Convergence
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    • v.16 no.12
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    • pp.97-107
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    • 2018
  • According to the 2017 national survey of the disabled persons conducted by the Ministry of Health and Welfare, rehabilitation centers for the disabled appeared to be the service agency that disabled women use the most. This means that rehabilitation centers for the disabled hold an important role in securing the maternity rights of disabled women. However, in the practice of welfare for the disabled, programs for securing maternity rights are inadequate, and the actual condition is not being surveyed. As a result, programs related to maternity rights based on the legal basis exist, but actual support services for resolving the difficulties related to maternity rights that disabled women experience are inadequate. Thus, the study suggests that rehabilitation centers for the disabled should pay a central role in establishing the maternity rights of disabled women and provide support services such as developing a manual on basic information about pregnancy, childbirth, and child rearing, offering childbirth-related counseling, activating a self-help group, providing an individualized program for families, connecting with medical institutions, and supporting case management.