• Title/Summary/Keyword: Self Determination Right

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Personal Information Protection in Digital Era -Reviewing Personal information protection Act- (디지털시대의 개인정보보호 - 새로운 개인정보보호법을 중심으로)

  • Yoo, Jong-Lak
    • Journal of Digital Convergence
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    • v.9 no.6
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    • pp.81-90
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    • 2011
  • Companies using internet as a kind of marketing means are increasing rapidly according to the expansion trend of e-commerce through internet and consumers also use internet as the common means of purchasing necessary articles. E-commerce using internet has advantages without limitation to temporal and spatial accessibility and general consumers and unspecified individuals also use internet to purchase their goods as well as general transactions such as advertisement, contract, payment and claim settlement. 'In the age of information, invasion of personal information resulted from the development of information and communication technology is one of the greatest problems all the countries in the world face. Therefore, Personal information protection Act is one of basic laws to protect personal information and rights and it is also an essential law in the age of information. In that sense, new Personal information protection Act is the advanced act containing various items to minimize the national damages from the leaking of private information and protect right to informational self-determination in the information society. It is expected that this legislation contributes to reduce the leaking of private information, enhance the level of privacy protection and develop privacy related industries. However, active participation of all members of our society and improvement of their recognition should be preceded for the rational and legal use of private information and the settlement of its protection culture. While the purpose of Personal information protection Act can protect privacy from collection, leaking, misuse and abuse of private information and enhance national interests and protect personal dignity and value, it also must perform the roles of balancing privacy protection with liberal information flow.

Future Tasks of the Law Forcing CCTV Installation in Operating Rooms (수술실 내 CCTV 설치 의무화 법안의 향후 과제)

  • Lim, Ji Yeun;Kim, Kye Hyun
    • The Korean Society of Law and Medicine
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    • v.22 no.4
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    • pp.185-210
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    • 2021
  • On September 24, 2021, the new provisions(Article 38-2 of the Medical Service Act) mandatory CCTV installation in operating rooms where the unconscious patient is operating such as general anesthesia. The revised medical law aims to effectively prevent illegal activities that may occur in the operating rooms and to promote appropriate resolution to medical dispute. According to the law, medical institutions operating unconscious patients, such as general anesthesia, must install CCTVs in the operating rooms by September 25, 2023, and film surgical scenes only at the request of patients and their guardians, regardless of the consent of the medical personnel. The bill delegated the legislative device to minimize infringement of fundamental rights to subordinate statutes without stipulating it in the law.(Article 38-2(10)) The most realistic policy plan to minimize the infringement of the fundamental rights of patients is to prepare specific regulations. Therefore, this study examines the legislative background and main contents of the amended CCTV installation bill, and suggests issues to be reviewed when preparing subordinate statutes by analyzing major issues. It was reviewed based on compliance with the principle of minimizing infringement of fundamental rights of information subjects in the operating rooms. The information subjects of CCTV are health professionals and patients. Suggesting issues should be considered when preparing subordinate statutes so that the purpose of the CCTV installation law can be achieved while minimizing infringement of right of self-determination of personal information, personality rights, and human rights. It is hoped that this paper will be referred when discussing subordinate statutes and regulations to contribute minimizing infringement of fundamental rights.

The Overview of the Public Opinion Survey and Emerging Ethical Challenges in the Healthcare Big Data Research (보건의료빅데이터 연구에 대한 대중의 인식도 조사 및 윤리적 고찰)

  • Cho, Su Jin;Choe, Byung In
    • The Journal of KAIRB
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    • v.4 no.1
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    • pp.16-22
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    • 2022
  • Purpose: The traditional ethical study only suggests a blurred insight on the research using medical big data, especially in this rapid-changing and demanding environment which is called "4th Industry Revolution." Current institutional/ethical issues in big data research need to approach with the thoughtful insight of past ethical study reflecting the understanding of present conditions of this study. This study aims to examine the ethical issues that are emerging in recent health care big data research. So, this study aims to survey the public perceptions on of health care big data as part of the process of public discourse and the acceptance of the utility and provision of big data research as a subject of health care information. In addition, the emerging ethical challenges and how to comply with ethical principles in accordance with principles of the Belmont report will be discussed. Methods: Survey was conducted from June 3th August to 6th September 2020. The online survey was conducted through voluntary participation through Internet users. A total of 319 people who completed the survey (±5.49%P [95% confidence level] were analyzed. Results: In the area of the public's perspective, the survey showed that the medical information is useful for new medical development, but it is also necessary to obtain consents from subjects in order to use that medical information for various research purposes. In addition, many people were more concerned about the possibility of re-identifying personal information in medical big data. Therefore, they mentioned the necessity of transparency and privacy protection in the use of medical information. Conclusion: Big data on medical care is a core resource for the development of medicine directly related to human life, and it is necessary to open up medical data in order to realize the public good. But the ethical principles should not be overlooked. The right to self-determination must be guaranteed by means of clear, diverse consent or withdrawal of subjects, and processed in a lawful, fair and transparent manner in the processing of personal information. In addition, scientific and ethical validity of medical big data research is indispensable. Such ethical healthcare data is the only key that will lead to innovation in the future.

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The Effects of Self-Determination on Entrepreneurial Intention in Office Workers: Focusing on the Dual Mediation of Innovativeness and Prception of the Startup Support System (직장인의 자기결정성이 창업의지에 미치는 영향: 혁신성과 창업지원정책인식의 이중매개를 중심으로)

  • Lim, Jae Sung
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.19 no.1
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    • pp.75-91
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    • 2024
  • Recently, global business environment is changing dramatically along with the acceleration of technological innovation amid the war, climatic change, and geopolitical instability. Accordingly, it is difficult to predict or plan for the future as the volatility, complexity, ambiguity, and uncertainty of the industrial ecosystem continue to increase. Therefore, organizations are undergoing inevitable restructuring in accordance with their survival strategy, for instance, removing marginal businesses or firing. Accordingly, office workers are seeking a startup as an alternative for their continuous economic activity amid rising anxiety factors that make them think they would lose their jobs unintentionally. Here, this study is aimed to verify through what paths office workers' self-determination influences the process of converting to a startup. For this study, an online survey was carried out, and 310 respondents' valid data were analyzed through SPSS and AMOS. To sum up the results, first, office workers' self-determination did not have significant effects on entrepreneurial intention. However, it was confirmed that self-determination had positive (+) effects on innovativeness and perception of the startup support system. This result shows that their psychology works to prepare step by step by accumulating innovative experiences and increasing perception of the startup support system from a long-term life path perspective rather than challenging startups right way. Second, innovativeness is found to have positive (+) effects on entrepreneurial intention. Also, perception of the startup support system had positive (+) effects on entrepreneurial intention. This implies that when considering startups, they are highly aware of the government's various startup support systems. Third, innovativeness is found to have positive (+) effects on perception of the startup support system. It is judged that perception of the startup support system is valid for prospective founders to exhibit their innovativeness and realize new ideas. Fourth, it was confirmed that innovativeness and perception of the startup support system mediated correlation between self-determination and entrepreneurial intention, and perception of the startup support system mediated correlation between innovativeness and entrepreneurial intention, which shows that it is a crucial factor in entrepreneurial intention. Although previous studies related to startups deal with students mostly, this study targets office workers who form a great part in economic activities, which makes it academically valuable in terms of being differentiated from others and extending the scope of research. Also, when we consider the fact that the motivation for self-determination alone fails to stimulate entrepreneurial intention and the complete mediation of innovativeness and the startup support system, it has great implications in practical aspects such as the government's human and material support systems. In the selection and analysis of samples, this study exhibits a limitation that the problem of common method bias is not completely resolved. Also, additional definitive research is needed on whether entrepreneurial intention is formed and converted into startup behavior. Academically and practically, this study deals with the relationship between humans' psychological motives and startups which has not been handled sufficiently in previous studies. The conversion of office workers to startups is expected to have effects on individuals' economic stability and the state's job creation; therefore, it needs to be investigated continuously for its great value.

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Freedom for the Sake of the Good: Plotinus' Concept of Freedom (좋음을 위한 자유: 플로티누스의 자유론)

  • Song, Euree
    • Journal of Korean Philosophical Society
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    • no.118
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    • pp.25-51
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    • 2017
  • The purpose of this article is to elucidate Plotinus' concept of freedom. Particular attention is paid to two terms, 'what is self-determined' (to autexousion) and 'what is up to us' (to $eph^{\prime}h{\hat{e}}min$), which Plotinus employs in order to articulate the meaning of freedom. It is shown that freedom in Plotinus consists in the power of doing whatever one wills while willing the good. We first situate Plotinus' concept of freedom in the Socratic tradition. Next we investigate how Plotinus and Alexander of Aphrodisias conceptualize freedom in terms of self-determination in the context of criticizing determinism. It is shown that Alexander tries to secure the psychological grounds for human moral responsibility by introducing a causally undetermined power of choice between alternatives. In contrast, Plotinus is interested in psychological conditions that allow humans to do the right thing. For this purpose, he establishes the concept of will ($boul{\hat{e}}sis$) as the power of wanting and choosing the best. We then try to clarify his claim that free will cannot choose otherwise by appealing to his concept of divine freedom, which idealizes the power of doing one's best and being oneself at one's best. Finally, we discuss Plotinus' view of the limitations and possibilities of human freedom and indicate its practical implications. In conclusion we claim that Plotinus pleads for an active way of living which spreads inner freedom out into the world, rather than living in seclusion so as to protect an inner freedom which is pure.

The Improvement Plan of the Individual Information Protection of the Law on the Development of Cloud Computing and User Protection (클라우드 컴퓨팅 발전 및 이용자 보호에 관한 법률상 개인정보 보호에 대한 개선방안)

  • Lee, Hie-Houn
    • The Journal of the Convergence on Culture Technology
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    • v.5 no.1
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    • pp.219-225
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    • 2019
  • Today, in the era of the 4th Industrial Revolution, the cloud computing sector has advantages for cost reduction and efficiency of work, but problems related to privacy may arise. Therefore, the law on the development of cloud computing and user protection should be improved to enable providers of cloud computing services to proactively identify whether or not they contain their personal information, or to take steps to protect their privacy. And this same law is desirable to improve the implementation of a national mandatory certification system for privacy protection systems for cloud computing businesses. This same law is also desirable that cloud computing service providers create direct accountability for privacy breaches and appropriate scope for those responsibilities.

A Study on Human-Centered IT Utilization in Caring for Elderly People Who Live Alone (독거노인 돌봄에 있어 인간중심의 IT 활용방안에 관한 연구)

  • Choi, So-Yun
    • Journal of Digital Convergence
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    • v.20 no.2
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    • pp.455-462
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    • 2022
  • This study was conducted to find ways to utilize human-centered IT in caring for elderly people who live alone. Through focus group interviews with experts, this study investigated the problems with delivery system, and ethical issues. Problems such as lack of trust, supplier-centered care, and uniform service provision were derived as major problems in the delivery system. These findings indicate that IT should be used as an auxiliary means of face-to-face services and to be controllable and convenient. Issues such as "guaranteeing the right to self-determination," "protecting privacy," "sufficiently guaranteeing the right to know," and "encompassing blind spots" were raised as important ethical issues related to human-centered IT utilization. Based on the research results, this study presented the necessity of designing user-centered information technology and the necessity of developing ethical indicators for the use of human-centered technology.

Recent Trends and Use of International Commercial Mediation in The Area of Intellectual Property Rights - Focused on the WIPO Mediation (지식재산권 분야의 국제상사조정제도와 활용 - WIPO조정을 중심으로)

  • YI, LORI
    • Journal of Arbitration Studies
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    • v.31 no.2
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    • pp.77-98
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    • 2021
  • International commercial mediation of intellectual property rights fully meets the interests of the parties in such disputes in terms of their needs for neutral forum of dispute resolution, cost-effective settlement, objective opinion of relevant experts, internationally enforceable solution. In addition, as a procedural flexibility, respected self-determination of the parties, exploration of possible creative business solutions, maintenance of business relationship and confidentiality of mediation are major characteristics which can be competitively differentiated from the lawsuit or arbitration. The settlement agreement as a result of the WIPO mediation has an effect of contract while the settlement agreement as a result of most domestic ones has an effect of judicial reconciliation which can be domestically enforced. The latter is not subject to the application of the Singapore Convention on Mediation which establishes a harmonized legal framework for the right to invoke settlement agreements as well as for their enforcement. The WIPO international mediation system and its experience may be a good reference for Korea to take an initiative to establish a globally competitive international mediation system in the area of intellectual property rights.

An Integrative Review of Sexuality and Mental Health (성(Sexuality)과 정신건강에 관한 통합적 문헌고찰)

  • Kim, Jandi;Ryu, Jae Geum;Oh, Sangjun;Shin, Youjin
    • Perspectives in Nursing Science
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    • v.18 no.1
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    • pp.16-27
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    • 2021
  • Purpose: Sexuality is a fundamental element of human life and is closely related to mental health. This study was conducted to understand domestic research trends on gender, mental health, and psychological well-being through an integrated review. Methods: Through four domestic databases, 15 papers were finally selected using the search terms 'sex', 'mental health', and 'psychological well-being'. Results: Fifteen papers have been published since 2000 and 10 documents have been published since 2010. A majority of the studies were basic research and reviews, and these included four qualitative studies. Depending on the subject, we classified five articles into three themes by the developmental stages (youth, married women, and the elderly), eight sexual minority studies, and two other studies (right to sexual self-determination, and dating for people with disabilities). Conclusion: A more open social concern and approach to sex, the most basic human need, is warranted. The field of nursing practice requires more attention.

Legal and Institutional Issues and Improvements for the Adoption and Utilization of Artificial Intelligence in Government Services (정부서비스에서의 인공지능 도입 및 활용을 위한 법제도적 쟁점과 개선과제)

  • BeopYeon Kim
    • Journal of Information Technology Services
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    • v.22 no.4
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    • pp.53-80
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    • 2023
  • Expectations for artificial intelligence technology are increasing, and its utility value is growing, leading to active use in the public sector. The use of artificial intelligence technology in the public sector has a positive impact on aspects such as improving public work efficiency and service quality, enhancing transparency and reliability, and contributing to the development of technology and industries. For these reasons, major countries including Korea are actively developing and using artificial intelligence in the public sector. However, artificial intelligence also presents issues such as bias, inequality, and infringement of individuals' right to self-determination, which are evident even in its utilization in the public sector. Especially the use of artificial intelligence technology in the public sector has significant societal implications, as well as direct implications on limiting and infringing upon the rights of citizens. Therefore, careful consideration is necessary in the introduction and utilization of such technology. This paper comprehensively examines the legal issues that require consideration regarding the introduction of artificial intelligence in the public sector. Methodological discussions that can minimize the risks that may arise from artificial intelligence and maximize the utility of technology were proposed in each process and step of introduction.