• Title/Summary/Keyword: delay in decision making

Search Result 94, Processing Time 0.025 seconds

A Study on Medical-criminal Problem of Withdrawing Life-Sustaining Treatment (치료중단행위에 대한 의료형법적 고찰 -의학적 충고에 반한 퇴원 사례를 중심으로-)

  • Cho, In-Ho
    • The Korean Society of Law and Medicine
    • /
    • v.9 no.1
    • /
    • pp.319-382
    • /
    • 2008
  • As a withdrawing care's study, the purpose of this study is searching about withdrawing care's acceptance and circumstances through Bora-mae hospital case(chapter 1). Withdrawing life-sustaining treatment has various forms. Though the meaning of euthanasia, death with dignity, natural death, physician assisted suicide are duplicated, the meaning of those are different slightly. Firstly, this study looks about the difference of the those meaning and acceptance range(condition) by withdrawing care's forms(chapter 2). Bora-mae hospital case sentenced guilty about physician who discharged incompetent patient who was after surgery by patient's wife determination. This Bora-mae case that sentenced guilty about discharge against medical advise(DAMA) that is regarded to custom has brought intensive confliction of legal, social, medical aspect, Bora-mae hospital case has many legal problems. First, as to criminal law rule 250(murder), the problem is whether discharge and withdrawing life-sustaining treatment is commission or omission. this study concluded omission(district court: omission, appeal, supreme court: commission). Because legal denounce point of discharge and medical treatment withdrawing is omission that physician who is obligatory on patient to cure. If physician's act is regarded omission, it is necessary to determine whether he has guardian status and obligation. Without guardian status and obligation, omission crime can't exist. This study decided that physician had guardian status and obligation and foundation of guardian status was pre-action or acceptance of emergency patient. Physician's medical treatment duty finished when patient(or patient's guardian) demands discharge. But when patient death is foreseen and other possible treatment does not exist, his duty of life prolonging treatment does not finish. This originate from physician's social responsibility and public status that limits patient's private liberty. This study regarded physician's action as accomplice about whether physician's discharging action is accomplice or the principal offender(district court: the principal offender, appeal, supreme court: accomplice). Though the principal offender needs criminal determination and action, there is no this common determination and functional action control of physician in Bora-mae case(chapter 3). Bora-mae hospital case partly originated from deficiency of legal, institutive system including medical security system shortage, the instruction is 1. medical security system strengthening, 2. hospital ethical committee's activity strengthening, 3. institutionalization of withdrawing life-sustaining treatment, 4. acceptance of pre-decision making system, 5. sufficient persuasion of physician for patient and faithful writing of medical paper, 6. respect for patients' self-determination and rights, 7. consciousness's changing for withdrawing life-sustaining treatment and persistent education about medical ethics(chapter 4). Considering Bora-mae case, medical sector is not the dead ground of a criminal punishment. Intervention of criminal law in medical sector give rise to ill effect, that is, excess medical examination and treatment, safeguard treatment, delay of discharge from a hospital. Because sufficient guarantee of life becomes mere empty slogan under situation that impose a burden of heavy cost to family or hospital, public and systematic solution should be given(chapter 5).

  • PDF

Review of Environmental Impact Assessment Re-consulting System - A Comparative Analysis of Korea and Foreign Countries - (환경영향평가 변경협의 및 재협의 제도 고찰 - 국내외 제도 운용현황을 중심으로 -)

  • Kim, Jin-Oh;Joo, Yong-Joon
    • Journal of Environmental Impact Assessment
    • /
    • v.30 no.5
    • /
    • pp.328-338
    • /
    • 2021
  • EIA consultation is a final decision-making process that enables a variety of stakeholders to participate in and to share important information about the expected environmental impacts caused by development projects. However, this process is often undermined through re-consultation processes by significant changes in the proposed plans. EIA re-consultation is a necessary process when an approved plan needs to be changed for a variety of importantreasons including the changes of land use, delay of construction, and surrounding environments. EIA re-consultation is also important to resolve conflicts among stakeholders and to respond flexibly to unexpected changes in surrounding environment. This study aims to analyze the operation status and the problems of current institutional systems of EIA re-consultation, and to draw implications by reviewing institutional systems of other countries such as U.S. EU, Scotland, and Japan. On the basis of the previous analysis, we propose recommendations to improve the existing EIA re-consultation process. We expect this study helps understand operation status and problems of EIA re-consultation, and provides meaningful implications to improve the existing institutional systems and practice of re-consultation.

Critical Review about the Character of Communication among Participating Stakeholders in the Improving Alley Landscapes in Residential Neighborhoods Project (주거지골목길 경관개선사업에서 참여 이해관계자의 의사소통 특성)

  • Kim, Yun-Geum;Lee, Ai-Ran
    • Journal of the Korean Institute of Landscape Architecture
    • /
    • v.44 no.2
    • /
    • pp.25-36
    • /
    • 2016
  • This paper discusses the character of communication among participating stakeholders in the Improving Alley Landscapes in Residential Neighborhoods project. The participation of diverse stakeholders in conventional urban redevelopment is considered to delay and complicate the progress of a project. However, in urban regeneration, a field-oriented operating system and collaboration between diverse stakeholders is considered critical to building a sustainable community. A stakeholder is defined as "a person or organization that can influence decision-making or be influenced by it." This paper uses a case study to examine what types of stakeholders participate and what communicative processes and ideas are shared among them. Six neighborhoods were selected out of a total of 26 of Seoul's 2014 Improving Alley Landscapes project. This research was developed through interviews and a review of the literature. The character of communication among stakeholders in the case study is as follows. Firstly, the administration initiated the project but did not show leadership. This was caused by a gap in understanding about the project between city and borough administrations, Further, the city administration lacked experience with projects that placed an emphasis on fieldwork. Tongjand and Banjang, at ancillary institutions, acted as spokespersons and helped people in the community to understand the administrative process. However, because they led communication and used personal relationships to ensure they communicated effectively, the communication process had limits from the perspective of democratic process. Diverse stakeholders expressed their opinions in the public sphere and communicated about them using diverse media. Finally, experts produced the output, facilitated communication, and mediated in conflicts. Because new experts acted as facilitators and mediators, there was a great deal of trial and error. This project has particular significance: Seoul's city government deals with urban space rather than parks and green space, which are limited by boundaries; and whether "green" can be used for urban renovation was tested by several landscape architects, who sought to identify a new role in urban renovation, namely, the role of landscape and landscape architecture. However, the project has some limitations, including an insufficiently detailed project plan, a lack of common understanding among stakeholders, and a short timeframe. A number of stakeholders overcame these limitations to a certain degree. Officials of the Borough and the Dong managed the project and resolved civil complaints. Experts provided special information, and contributed to the design and construction of improvements.

Is corporate rebranding a double-edged sword? Consumers' ambivalence towards corporate rebranding of familiar brands

  • Phang, Grace Ing
    • Asia Marketing Journal
    • /
    • v.15 no.4
    • /
    • pp.131-159
    • /
    • 2014
  • Corporate rebranding has been evident in the qualitative corporate rebranding studies as an imposed organizational change that induces mixed reactions and ambivalent attitudes among consumers. Corporate rebranding for the established and familiar corporate brands leads to more ambivalent attitudes as these companies represent larger targets for disparaging information. Consumers are found to hold both positive and negative reactions toward companies and brands that they are familiar with. Nevertheless, the imposed change assumption and ambivalent attitude, in particular corporate rebranding, have never been widely explored in the quantitative corporate rebranding studies. This paper aims to provide a comprehensive empirical examination of the ambivalence towards rebrandingrebranded brand attitude-purchase intention relationships. The author proposes that corporate rebranding for familiar corporate brands is a double-edged sword that not only raises the expectation for better performance, but also induces conflicted and ambivalent attitudes among consumers. These consumers' ambivalent attitudes are influenced by both the parent brands-related and general attitude factors which further affect their rebranded brand attitude and purchase intention. A total of 156 useable questionnaires were collected from Malaysian working adults; and two established Malaysian airfreight operators were utilized as the focal parent brands. The study found a significant impact of prior parent brand attitudes on ambivalence towards rebranding (ATR). The parent brand attitudes served as anchors in influencing how new information was processed (Mazaheri et al., 2011; Sherif & Hovland, 1961) and closely related to behavioral intention (Prislin & Quellete, 1996). The ambivalent attitudes experienced were higher when individuals held both positive and negative reactions toward the parent brands. Consumers also held higher ambivalent attitudes when they preferred one of the parent brands; while disliked the other brand. The study also found significant relationships between the lead brand and the rebranded brand attitude; and between the partner brands and ATR. The familiar but controversial partner brand contributed significantly to the ambivalent attitudes experienced; while the more established lead brand had significant impact on the rebranded brand attitude. The lead and partner brands, though both familiar, represented different meanings to consumers. The author attributed these results to the prior parent brand attitudes, the skepticism and their general ambivalence toward the corporate rebranding. Both general attitude factors (i.e. skepticism and general ambivalence towards rebranding) were found to have significant positive impacts on ATR. Skeptical individuals questioned the possibility of a successful rebranding (Chang, 2011) and were more careful with their evaluations toward 'too god to be true' or 'made in heaven' pair of companies. The embedded general ambivalent attitudes that people held toward rebranding could be triggered from the associative network by the ambiguous situation (Prislin & Quellete, 1996). In addition, the ambivalent rebranded brand attitude was found to lower down purchase intention, supporting Hanze (2001), Lavine (2001) and van Harreveld et al. (2009)'s studies. Ambivalent individuals were found to prefer delay decision making by choosing around the mid-ranged points in 'willingness to buy' scale. The study provides several marketing implications. Ambivalence management is proven to be important to corporate rebranding to minimize the ambivalent attitudes experienced. This could be done by carefully controlling the parent brands-related and general attitude factors. The high ambivalent individuals are less confident with their own conflicted attitudes and are motivated to get rid of the psychological discomfort caused by these conflicted attitudes (Bell & Esses, 2002; Lau-Gesk, 2005; van Harreveld et al., 2009). They tend to process information more deeply (Jonas et al., 1997; Maio et al., 2000; Wood et al., 1985) and pay more attention to message that provides convincible arguments. Providing strong, favorable and convincible message is hence effective in alleviating consumers' ambivalent attitudes. In addition, brand name heuristic could be utilized because the rebranding strategy sends important signal to consumers about the changes that happen or going to happen. The ambivalent individuals will pay attention to both brand name heuristic and rebranding message in their effort to alleviate the psychological discomfort caused by ambivalent attitudes. The findings also provide insights to Malaysian and airline operators for a better planning and implementation of corporate rebranding exercise.

  • PDF