• The Korean Society of Law and Medicine
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• v.5 no.2
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• pp.294-319
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• 2004

Because the treatment of a physician generally pertains to the intrusion into body of a patient, his/her consent is a must in order for such conduct to be justifiable. To ensure effective consent of a patient, the physician should fully inform him/her of kind and details of the disease and way of treatment and risks associated with it. The patient can, then, make a decision whether he/she should accept any treatment or operation, if necessary, on the basis of such information. The obligation of physicians to explain has since long been recognized as important in view of guaranteeing the rights of patients for self-decision and protecting them from arbitrary assessment of physicians for treatment. Progress has been made in this respect even to the extent that physicians treat patients on equal terms and think first of all much of establishing trustworthy relationships with patients. Lots of studies in Korea and foreign countries have tried to explore the issues concerning the obligation of physicians to explain in the meantime but seem to have failed to make concrete and versatile approaches from the standpoint of protecting the rights of patients. Wouldn't it be really possible for patients to perceive their own rights and cope actively with the medical treatments? If physicians have full understanding to the rights of patients, they will be put in a better situation to protect themselves and patients, in turn, can identify their own responsibility correctly, which will eventually contribute to fulfilling the goal of treatment. With this background, the present paper examines briefly the obligations of physicians for explanation based mainly on the preceding theories and judicial precedents in the first place and then deals with the status quo and contents of the German medical laws, with a focus on the treaty of European Law 1997 and its working document on the applications of genetics for health purposes that stipulate the detailed criteria on the medical treatment and rights of patients and Germany's $\ulcorner$Charter of Rights for Patients$\lrcorner$ promulgated in 2003.

• Health Policy and Management
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• v.22 no.3
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• pp.315-346
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• 2012

The legal relationship between patient and physician is legally equal relationship. But, in times past, patients be compelled to sign an unequal contract, substantially. Because of the imbalance between supply and demand in the health care market. Today, the law of supply and demand in the health care market is running well. And as the cognition of citizens' rights grows, the relationship between patient and physician can also get a lot of changes. Patients have the right to know the information about medical care, and to decide whether or not to get treatment including invasions against their own bodies. In other words, Doctors have an obligation to explain to their patients. If doctors did not provide patients sufficient explanation or information, it violates the right of patients. This is a tort, or a breach of contract. To improve the remedy for violation of patient's right, patient is able to be protected by status as consumer. If patient is a kind of consumer in terms of medical consumption, he/she as consumer can enjoy supplementally the consumer's right. The patient as a consumer can exercise now a consumer's right as a constitutional right. In addition, with respect to consumer's rights, Framework Act on Consumers was enacted. This Act is based on constitutional provisions of Article 124 and the Act can be seen as a law that embodies consumer right because the provision of the constitutional law delegates specific contents. In the health care field, patients need to win recognition the statue of the consumer to hold the sovereignty of the consumer. In particular, if patients are consumers, they may be able to make good use of the quickly and efficiently collective dispute resolution and association lawsuit to rescue their damage, the Alternative Dispute Resolution(ADR) of Framework Act on Consumers.

• Korean Journal of Child Studies
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• v.22 no.2
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• pp.329-346
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• 2001

This analysis of the portrayal of characters in 74 picture books used in kindergarten focused on the gender types and roles of girls and boys, adult females, adult males, and feminist perspectives or sexism. Results showed that girls were rewarded according to their abilities and accomplishments, and they were considered to have equal rights; boys were depicted as dominant, positive, logical, courageous and having initiative; adult females, especially mothers at home, were responsible exclusively for housekeeping and child rearing; adult males, including fathers, were depicted as dominant characters in a variety of professional occupations and social activities, nonetheless, in many books, children were depicted as androgynous personalities having human rights. Though these results show changes in gender stereotypes from the 1970s and 1980s, subtle biases of gender still remain in children's books.

• Journal of Arbitration Studies
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• v.27 no.1
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• pp.3-35
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• 2017

For recent years, several disputes between Korean consumers and multinational companies have arisen. Since the disputes were big and material that children's safety was at issue, a question started if Korean law properly has protected consumers' rights against multinational companies. While the Korean legal society tried to legislate punitive compensation with this concern, the U.S. Supreme Court reached an interesting case law regarding consumer contracts. A recent trend on consumer contracts in the United States shows that general terms have arbitration clause with class action waiver. As much as international arbitration has worked as the most effective resolution in international commercial disputes, the concept is still foreign and the experts are not approachable to lay individual consumers. However, class action in arbitration can hugely help for lay individual consumers to bring a case before arbitration tribunal. California courts consistently showed the analysis that the practical impact of prohibiting class action in arbitration clause is to ban lay individual consumers from fighting for their rights. However, the Supreme Court held that the arbitration clause shall be enforced as parties agree even if consumers practically cannot fight for their rights in the end. Even though consumer contracts are a typical example of lack of parity and of adhesive contract, the Supreme Court still applies liberalism that parties are equal in power and free to agree. This case law has a crucial implication since Korean consumers buy goods and services from the U.S. and other countries in everyday life. Accordingly, they are deemed to agree on the dispute resolution clauses, which might violate their constitutional right to bring their cases before the adjudication tribunal. This issue could be more important than adopting punitive compensation because consumers' rights are not necessarily governed by Korean law but by the governing law of the general terms and conditions chosen and written by the multinational companies. Thus this paper studies and analyzes the practical reality of international arbitration and influence of arbitration clause with class action waiver with the U.S. Supreme Court and California case laws.

• Journal of Korean Philosophical Society
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• v.148
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• pp.129-156
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• 2018

Recently, a lot of articles and writings defending animal right and welfare are introduced into our society. For example, P. Singer's Animal Liberation, T. Regan's The Case for Animal Rights, and J. Rachels's Created From Animal are representative writings of animal ethics. In his books, P. Singer maintains that all animals are equal. T. Regan insisted that animals as a subject of a life have rights. J. Rachels's moral individualism is that how an individual may be treated is to be determined, not by considering his group membership, but by considering his own particular characteristics. Interestingly, they use common argument called 'argument from marginal cases' to justify their theoretical positions. If we can disclose the weakness of the argument, all kinds of animal ethics which defend animal right and welfare such as animal liberation theory, animal rights theory and moral individualism will collapse. In this paper, I will examine the concrete contexts in which Singer, Regan and Rachels make use of the argument. And I will critically examine the argument. Lastly I will show that the attempt to deny the difference of species is unsuccessful.

• The Journal of Korean society of community based occupational therapy
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• v.10 no.2
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• pp.11-24
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• 2020

Objective : The Human Rights constitute one of the basic pillars of every work where persons are involved, such is the case of the occupational therapy field. Methods : In this study we investigate the human rights sensitivity and the advocacy activities of occupational therapists. The differences according to their characteristics, the relationship and the impact of the human rights sensitivity are examined and presented. Making use of online surveys 116 subjects participated in the study. Results : The measured average of human right sensitivity is 69.00 ± 17.67 point, being them distributed according to the following subcategories: to the perception of the situation corresponds 23.25±5.62 points, to the perception of the consequences 22.75±6.54 points and for the perception of the responsibility 23±6.54 points. In all the cases have been taken in account the equal rights, the right to education in disables, the right to pursue the happiness of the elderly, the right of the disables to have personal freedom, the privacy rights and the privacy rights for mental illness people. According to the working area the Human Right sensitiveness is higher in Seoul than in the Gyeongsang province meanwhile the advocacy activities is higher in Seoul and in Gyeonggi province than in Gyeongsang province. Depending of the type of service, general hospitals and rehabilitation/nursing hospitals showed higher human rights sensitivity than other service organizations According to the working field, occupational therapy group focused in elderly showed higher Human Right sensitivity than other fields. Professionals belonging groups of clinical experience from 3 to 5 years and from 6 to 10 years showed higher advocacy activities than professionals with more than 11 years of experience. A positive correlation was showed between the human rights sensitivity and the advocacy activities. For this situation, the human rights sensitiveness was divided in sub-categories in perception of the situation, perception of the consequences and perception of the responsibility. As showed by the result of multiple regression analyses the advocacy activities of human would grow up in accordance with the increase of the human rights sensitiveness of responsibility perception. Conclusion : Due to the actual lack of information, the collection and study of basic data is fundamental for the development of practical human rights educational programs and to emphasize the role of the defense of the human rights.

• Journal of Environmental Science International
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• v.12 no.5
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• pp.511-519
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• 2003

It is difficult to define the urban fringe using a specific geographical designation in the physical planning system because the existence of the urban fringe is certainly not equal in all directions from the inner urban area to the rural area, and is often a discontinuous spatial phenomenon from the inner fringe to the urban shadow. Nevertheless, the urban fringe raises land use management issues which stem from its own peculiar set of land use characteristics. For example, in the UK, how the public can enjoy access to the countryside in the urban fringe while at the same time recognising and acknowledging the importance of landowners and farmers property rights\ulcorner how can a poor quality environment and degraded landscape be improved aesthetically and physically to meet the multiple recreational needs of a diverse population when local authorities are confronted with limited ability to fund and acquire land for these purposes\ulcorner The challenge of addressing these land use management issues necessitates approaches which build a coalition of interest groups and public and non-government organizations in the management processes in order to improve the physical, economic and social environments and facilitate the management mechanism.

• Journal of Contemporary Eastern Asia
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• v.19 no.2
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• pp.20-39
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• 2020

In order to overturn the exclusion of Korean schools from the newly implemented free tuition program (2010) as part of sanctions against North Korea, members of Korean schools and Japanese supporters have focused on "students' innocence" and "multicultural coexistence" as viable frameworks to explain why the students are sympathetic and legitimate subjects who deserve equal rights. Examining different political strategies employed by the Korean schools and their supporters through ethnography and media analysis, the article pays close attention to how they claim their eligibility for these rights while they negotiate state surveillance and intervention in the process. I argue that in their efforts to gain recognition as deserving and sympathetic subjects, Korean schools are trapped in what political theorist Patchen Markell calls a "permanent temptation" in pursuing "recognition." Anti-North Korea sentiments in Japan have made the desire for good recognition even more urgent among Korean school community members. The paper will demonstrate that the search for recognition unwittingly reinforces and perpetuates existing relations of subordination and state dominance over their education as it has forced the Korean schools to accept various "conditions" that would radically alter the core principle, mission, and pedagogy of Korean school education that is rooted in decolonizing theory and praxis. This paper will shed lights on dilemma of multicultural coexistence the Korean minority population faces in Japan today.

• Journal of the Daesoon Academy of Sciences
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• v.19
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• pp.193-211
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• 2005

Korean religionist have actively participated in the movements of national security and peace, human rights and dignity, freedom and equal rights, and other social issues. Recently, either progressive or conservative religionists have strongly shown their different approaches in solving social issues, i.e., national security and peace in connection of 'national security law.' A few religious leaders' public views have been misused by some politicians. It is important for both the religionists and journalists in religious newspapers how to bring a harmonious resolution among the people who are either in conservatism or in progressivism. Social participation of religionists is both to respond to the timely situation of civil society and to realize freedom, equality, and peace to the society. Although the principle of the separation of religion and state was established to secure both the right of politics and the freedom of beliefs, political groups have either utilized or suppressed religions. Some politicians have also wrongly applied separation of religion and state by excluding religious aspects in public schools. Religionists and journalists of the religious newspapers should not provide one-sided prejudice but to provide objective information and its righteous analysis to guide people in the right direction to solve social problems. Also, religious newspapers should open a field of discussion how to resolve some issues between the 'national security law' and freedom.

• Convergence Security Journal
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• v.6 no.4
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• pp.11-19
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• 2006

Web service is giving an equal privilege to all user for sharing their resources. Under this situation, a lot of vulnerability against the various attacks through the Internet is possible, more sophisticated security services are necessary. In this paper, we propose an access control scheme using SPKI (Simple Public Infrastructure). The scheme designates an access control by providing the certificate to users who request a connection for resource sharing and limits the resource usage of information provider according to the access right that is given to their own rights.