• 의료법학
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• 제14권1호
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• pp.209-236
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• 2013

The concept of expectation rights considers 'the expectation' that the patient should be given proper medical treatment as the benefit and protection of the law, so it would be the benefit and protection of the law due to personal rights different from 'the legal principle that has the possibility to a considerable extent' being in an extension of life and body. However, the problem how the patient's expectation of medical service sets up in order to make it the benefit and protection of the law would be still left in the vague concept of the patient's 'expectation', thus, in the first place, the medical practice following formed medical standard in every particular medical institutes should be the standard because these medical services are normally within a range of the patients' expectations. In addition, it should be naturally constituted as mental profit to get the subjective circumstances such as 'the patient's expectation' to be an object, and also, different from the profit and protection of the law such as life and body that should be absolutely protected, the origin of violation behavior should be regarded simultaneously to define the denotation of expectation rights. Therefore, the expectation rights violations would be problematic in case it fails to reach the medical standard that is expected for common doctors to practice properly. This is the concept of expectation rights that gets subjective matters such as the patient's expectation to be objectivity as medical practices that can be expected by generalized abstract doctors. This standard should be defined as the minimum standard that is naturally expected for doctors to practice, different from medical standard that decides the level of doctors.

• 환경영향평가
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• 제20권5호
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• pp.685-695
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• 2011

Through the analyses of the distribution characteristics and management practices of the wildlife protection areas, this study intends to present basic data for improving the management of protected areas. 1) Based on the aggregate results of the protected areas, the average ratio of the metro-city and provincial areas to the designated protected areas was 1.49%; except for Chungcheongbuk-do (8.83%) and Gyeongsangnam-do (3.43%), most regions showed specified percentages of about 1%, whereby the analysis suggested that the designated protected areas were too small. 2) Considering the fact that most (86.16%) of the wildlife protection areas are in the regions that are of ecological nature level of grade 1, green nature level of grade 8 or better, and of legal conservation regions and districts, it was shown that these reserves are distributed in regions with excellent natural environmental conditions. 3) Designation of protected areas for the protection of wildlife and fish is deemed to be necessary. Although there are 588 wildlife & plant reserves, there are absolutely no designated areas for protecting plant and fish species. 4) Based on the results of an analysis of the current distribution by types, 92.47% of protected areas were concentrated in the mountains, 0.24% in the agricultural lands, and 7.29% distributed in the lakes/rivers/costal areas. 5) As major improvement projects, proposed were: advancement of management systems for protected areas, expanded designation of protected areas, overhaul of managed areas, designation of protected areas for the protection of wild plants and fish, need for management measures for private property and the surrounding areas, need to secure appropriate management personnel and collaboration, locally-adapted management, eco-information-based management, total management of protected areas, etc.

• 정보보호학회논문지
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• 제20권6호
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• pp.195-208
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• 2010

고도화된 정보통신 기술에 부합하는 사용자-친화적인 서비스 제공을 위해서 많은 정보가 무분별하게 수집되어지고 있다. 최근 사용자 정보 관리의 문제점과 정보 누출의 후유증을 통해 알려진 바와 같이, 기존의 사용자 프라이버시 보호 모델은 매우 수동적이며 심각한 취약성을 내포하기도 한다. 본 논문에서는 사용자 정보 보호를 위한 새로운 접근방식으로 익명 인증 기반의 사용자 프라이버시 보호 방법과 이에 대한 법제적 가용성을 제시한다. 이를 위해, 프라이버시 또는 익명성 정도를 정량 및 정성적인 관점에서 정의하고 익명인증 프레임워크를 구성하는 형식적이고 체계적인 방법을 제안한다. 그리고 현재 알려진 인증 기법들을 다양한 프라이버시 수준 별로 분류하고 분석한다. 특히 사용자 및 서비스 제공자 측면에서 모두 유익한 익명 인증 기반의 사용자 프라이버시 보호 방안을 도출하고 모델링해 본다. 또한 현재의 법제적인 테두리 내에서 가용한 익명 인증 기반의 프라이버시 보호 기술에 대한 발전 방향을 제안하고 이에 대한 적용가능성을 제시한다.

• 대한기관윤리심의기구협의회지
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• 제4권1호
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• pp.5-15
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• 2022

To suggest future directions for the improvement in the Institutional Review Board (IRB) review process and efficient operation of IRB, we have analyzed the IRB review results from 460 new research proposals submitted to the Review by the Convened IRB of the Keimyung University Dongsan Hospital IRB from January 2019 to July 2021. IRB is an independently established institutional committee to protect the human subjects by reviewing the research protocol in ethical as well as scientific aspects, so it is necessary to continuously contemplate the ethical versus scientific dilemma of 'what is ethical or scientific and what can actually protect human subjects.' Particularly, in this process, it is necessary to consider diverse ways to strengthen self-supervision through continuous Internal Audit rather than simple reporting outcomes. In addition, if it does not directly affect the protection of the human subjects, the discussion with the committee members is needed so that the comments such as administrative and typographical errors can be reduced as much as possible. Furthermore, as statistical analysis methods can have a significant impact on the safety of human subjects, if a legal basis and/or support related to statistics is provided for the composition of IRB members, a more specialized IRB review will be achieved.

• 의료법학
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• 제9권2호
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• pp.339-382
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• 2008

Medical information is one of significant private information that includes in-dividual's own diverse information. Once opened, it exposes one's health condition and medical history to a third party, which could bring about serious troubles. On this account, the third parties are of much concerns about the information. If medical information collected through various routes is used with another purpose, oilier than the initial intention, it might cause serious results beyond one's control. Thus, it is essential to keep the information confidential. Also, the discrimination based on the medical information ought to be banned because it is likely to happen that exposed information socially stigmatizes a person, being discriminated in a work place or a school when he/she is employed or gets an insurance. In the current system, only medical institutions are responsible for protecting or securing medical records. Despite the information technology development and the increased interests in medical information, there are quite a few limitations in legal, technical, and administrative aspects. All kinds of organizations, involved in collecting and using the information, as well as medical institutions primarily producing and managing it should share the responsibilities.

• 임상간호연구
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• 제14권2호
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• pp.59-70
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• 2008

Purpose: Purposes of this study were to promote understanding on mutually informed consent by comparing and analyzing the perception and experience of informed consent among physicians, nurses, and patients. Method: Participants in the study were 145 physicians, 300 nurses, and 178 patients from eight hospitals in Busan. To examine their understanding and experience with informed consent, all participants responded to a questionnaire. The collected data were analyzed using SPSS/PC 12.0 program. Results: On the necessity of informed consent, the affirmative percentages were 95.9% for physicians, 99.0% for nurses and 84.8% for patients. As to the most important reason for informed consent 47.6% of the physicians and 64.3% of the nurses answered 'because it is an occupational and ethical duty', while 46.6% of the patients answered 'because it is protection for physicians'. Regarding the legal decision maker for informed consent, 33.1% of the physicians, 27% of the nurses, and 42.1% of the patients answered that the legal decision-making right belonged to the 'patient'. The agreement rate on the necessity of providing a comprehensive explanation about informed consent was 89.0% for physicians, 98.3% for nurses, and 96.1% for patients. Conclusion: Most physicians, nurses, and even patients have inaccurate perceptions and inappropriate experience with informed consent.

• Spatial Information Research
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• 제11권1호
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• pp.73-88
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• 2003

지리정보DB는 구축하는데 많은 비용과 노력이 수반됨에도 불구하고 비교적 간편하게 복제하여 활용할 수 있기 때문에 유통관리에 있어 법적 보호체계가 마련되어야 한다. 그러나 우리나라의 저작권법은 보호기준을 소재의 선택 또는 배열에 창작성으로 규정하고 있어 소재의 선택 또는 배열에 창작성이 낮거나 없는 데이터베이스는 보호받을 수 없는 실정이다. 본 연구는 이러한 현실적인 법 체계하에서 데이터베이스 제작에 따른 자료수집과 구성에 대한 노력 그리고 유통 및 활용에 따른 관련집단간의 이해갈등을 조정하기 위한 보호방안을 마련하기 위해 시도되었다.

• 의료법학
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• 제9권1호
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• pp.461-503
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• 2008

The right to live is the most valuable benefit and protection of the law. And Medical science is the study considering value of life as the top priority. As modern medical science has progressed and expanding lifespan skills have developed, the number of symptom, called a human vegetable, has been also increased. As a result, people concerns whether euthanasia should be permitted. (1) Active euthanasia is prohibited and a doctor who conduct it is punished. (2) Indirect euthanasia can be permitted unless it is against a patient's intention. (3) Permission of passive euthanasia depends on intention of a patient. In other words, when a patient accepts, a doctor respects the right of self determination of patient and irreversible situation such as brain death happens, treatment stop is permitted. Even a patient who is in the last stage of cancer has a right to die in the dignity and elegance. Solutions for ceasing medical treatment are as follows; First, establishment of 'Bioethics Committee'. Second, setting procedures to empower a court a right to decide whether medical treatment is ceased. Third, setting procedure a government to assist treatment fees. In this paper, direction for social agreement of legal policy regarding the ceasing treatment is provided.

• 수산해양교육연구
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• 제15권1호
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• pp.81-100
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• 2003

It is undeniable that IUU Fishing are threatening so many legal fishermen' economic livelihood, negatively impact on conservation and protection of the fishery stock and ecosystem itself. Especially, negative impact of IUU Fishing resulted from the increasing fishery activities on the high seas. The Korea case of Coastal and Off-shore Fisheries, difficulties in conserving and controlling the fishery stock was brought about. Simultaneously, it is the fact that there are so many damage such as the reduction of fish Stock management program's effect, dissatisfaction of legal fishermen, over-exploiting of fish stock. Related with this kind of problem, FAO had adopted "International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing(2001)". From this reason, Korea also needs to make actual efforts to prevent IUU Fishing. i.e. each nation should develop Korea action plan by Feb. 2004 and impliment it, report on implementation toward FAO. This Paper will review the definition of the IUU stipulated by "International Plan of Action on Illegal, Unreported and Unregulated Fishing" and study Korea cases of the IUU fishing. Finally, the analysis of Korea's implementation will be done, centering around the contents stated on the International Action Plan. The significance of this paper is to grope the political countermeasures against international movement of the IUU fishing prevention.

• Clinical and Experimental Pediatrics
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• 제52권8호
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• pp.843-850
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• 2009

A recent High Court's decision regarding the withdrawal of life supporting medical treatment (artificial ventilator) from an elderly female patient in the terminal stage has opened up a new era of the "euthanasia dispute" in Korea. With this decision, the legitimate withdrawal of life supporting treatment became possible under certain conditions and the Korean Medical Association is working toward the establishment of practical guidelines for the terminal-stage patients. However, there are still very few debates on the cases of pediatric patients in the terminal stage or suffering from fatal diseases. For pediatric patients, the core principle of autonomy and following procedure of "advance directives" are hardly kept due to the immaturity of the patients themselves. Decisions for their lives usually are in the hands of the parents, which may often bring out tragic disputes around "child abuse", especially in Korea where parents have exclusive control of the destiny of their children. Some developed countries such as the U.S.A., the U.K. and Canada have already established guidelines or a legal framework for ensuring the rights of the healthcare system regarding children suffering from severe illness, permitting the withdrawal of Life supporting medical treatment (LSMT) in very specific conditions when the quality of life of the children is severely threatened. For the protection of the welfare and interest of the children, we should discuss this issue and develop guidelines for the daily practice of pediatricians.