• Development and Reproduction
• /
• v.14 no.2
• /
• pp.143-154
• /
• 2010

This article analyzes two leading Korean cases which led to opposite conclusions: the Boramae Hospital Case (Korean Supreme Court 2002 Do 995) and the Shinchon Severance Hospital Case (Korean Supreme Court 2009 Da 17471). In doing so, it pays particular attention to the acceptance, modification, and rejection of paternalism, specifically 'physician paternalism' and 'familial paternalism', both of which have long and strongly influenced the Korean medical environment. In Boramae Hospital, the Court emphasized the obligation of the physician in terms of the life of the patient (eg: protecting and preserving the life and welfare of the patient). Its position seemed to be based on the traditional physician paternalism which presupposes the ability of physicians to identify right and wrong choices according to natural laws. However, the Court saw itself as the final arbiter of who identifies and determines the real world content and consequences of that natural law. In short, the Court elevated itself to the supreme guardian of the patient, and held that its decision cannot be overruled by that of the patient's family. So without specifically referring to the importance of the family and the role of familial decisions, both long-observed traditions in medical decision-making in Korea, the Court shifted away from familial paternalism. In Shinchon Severance Hospital, the Court explained the meaning of the patient's powers of self-rulemore concretely, explaining its scope and substance in greater detail. The Court held that one can exercise the right of self-rule, even over issues such as death, in the form of 'previous medical directions'. However, this case does not represent a wholesale acceptance of medical autonomy (ie: it does not accept self-rule unconditionally). Rather, the Court accepted the importance of the opinions and decision of physicians and of the Hospital Ethics Commission, and the Court still retained to itself the authority to review and make alterations to 'material' decision. The Court did not overlook the importance of the decision of the patient's family, but it also did not relinquish its status as supreme guardian, emphasizing the 'objective' nature of a decision from the court.

• The Korean Society of Law and Medicine
• /
• v.6 no.2
• /
• pp.170-186
• /
• 2005

• 대한예방의학회:학술대회논문집
• /
• 2001.10a
• /
• pp.155-156
• /
• 2001

• Journal of Korean Neurosurgical Society
• /
• v.60 no.4
• /
• pp.385-390
• /
• 2017

The doctrine of informed consent, as opposed to medical paternalism, is intended to facilitate patient autonomy by allowing patient participation in the medical decision-making process. However, regrettably, the surgical informed consent (SIC) process is invariably underestimated and reduced to a documentary procedure to protect physicians from legal liability. Moreover, residents are rarely trained in the clinical and communicative skills required for the SIC process. Accordingly, to increase professional awareness of the SIC process, a brief history and introduction to the current elements of SIC, the obstacles to patient autonomy and SIC, benefits and drawbacks of SIC, planning of an optimal SIC process, and its application to cases of an unruptured intracranial aneurysm are all presented. Optimal informed consent process can provide patients with a good comprehension of their disease and treatment, augmented autonomy, a strong therapeutic alliance with their doctors, and psychological defenses for coping with stressful surgical circumstances.

• Journal of the Korea Society of Computer and Information
• /
• v.6 no.4
• /
• pp.51-59
• /
• 2001

As internet activates, web sites that supply images harmful to the emotion of youth are overflowing rapidly. Chances that the youth approach to the harmful sites are increasing, and then the emotion of youth is damaged seriously. In this paper, we present the system that distinguish harmful ones from images in the web documents of user-accessed URLs and output the document after blocking images harmful to the youth. As the results of the experiments about performance of the web-images blocking system, we found the utility factor of blocking harmful images of the proposed system is 89.6％ in the full nudity 70.1％ in the half nudity, and the error rate is 2.4％ in the face images.

• Human Ecology Research
• /
• v.51 no.5
• /
• pp.497-511
• /
• 2013

This study aimed to examine Korean men's experiences of work-family balance in dual income families with children under six years of age. We focused on identifying the difficulty of balancing work and family considering their individual, social, and cultural conditions. The method was a qualitative study involving two in-depth interviews with each of 12 men, and analyzing the data through the grounded theory approach. From the results, a model of men's work-family experience was constructed. It demonstrates the central phenomena (difficulties of balancing), the causal conditions (lacking time for family, seeking support from the employer, and learning husband's roles insufficiently), the contextual conditions (remaining paternalism and changing husband's roles), the intervening conditions (workplace, childcare support, and wife characteristics), and strategies (help from relatives, utilizing daycare centers, controlling birth, managing work conditions, and using family polices). We clarify the overall picture of working and family life experiences, and also show how men deal with their problems in their circumstances by balancing working and family life. In conclusion, males have difficulty participating in family life autonomously because of having less decision-making power than the wife. Moreover, the great responsibilities of the breadwinner disturb the work-family balance. Men devote themselves to working to hold a job instead of spending time with their family. However, they ultimately value work-family balance with respect to 'keeping a peaceful family life'.

• 한국사회정책
• /
• v.25 no.4
• /
• pp.39-67
• /
• 2018

The Korean welfare state has achieved remarkable development during the last two decades, but simultaneously we have witnessed growing prevalent social conflicts and exclusion in the society. This research argues that the source of current problems lies in the nature of the Korean welfare regime, so called, 'paternalistic liberalism'. The paternalistic liberalism has been formulated by the combination of legacies of the developmental state and neo-liberalism. Paternalism with the growth-oriented and employment-centered approach has been a significant factor to restrict individuals' freedom and happiness in the Korean welfare state. It has also been embedded in the Korean welfare state such as social insurance, workfare programs, and centralized social services. In this context, this research proposes social liberalism, pursuing real freedom for all, as a new paradigm for the Korean welfare state. Breaking from the old path, Freecurity, combining freedom and security, which is argued to be the upgraded version of flexicurity, is also newly proposed as the operating model of social liberalism.

• Korean Journal of Social Welfare Studies
• /
• no.39
• /
• pp.83-113
• /
• 2008

The purpose of the study is to explore the mental health social workers' experiences concerning client's self-determination by grounded theory, one of the qualitative method. Although a lot of previous studies has proved that the practitioners have suffered from the ethical considerations in their practice, on which the matter of client's self-determination is centered, little attention is paid to deep exploration of practitioners' real experience about those aspects. To carry out the research question, first, through literature reviews focusing on clarify the underlying issues about client's self-determination, three intrinsic clues are found out; incompetence, medical benefits, the harm to the third party. Data obtained by in-depth interview with 10 participants are analyzed by employing the methode developed by Corbin and Strauss, which could categorize the raw data into several high-level concepts and constructs. The findings of the study show that most practitioners would consider the clients as the intrinsic subject of self-determination. Therefore, in practice, they are trying to support the client's self-determination even within the some constraints. In addition, they also experience the clients' latent potential in actualizing autonomy and self-determination, and identifies the positive effect of self-determination not only on the client's self-help and mental health but also on the practitioners themselves. The results of the study clearly suggests that it is critical to provide the practitioners with adequate ethical education and training to help them to overcome their ethical suffering concerning clients self-determination.

• The Journal of Korean Philosophical History
• /
• no.29
• /
• pp.179-202
• /
• 2010

In addition to the emphasis on filial piety ethics in everyday life, filial piety obtained a further significance in Confucianism which had the strong sense of ancestor worship. This paper focuses on filial piety as a mechanism of continuity within Confucianism and points out that it owed its development to its connection to agricultural culture. The sedentary life with less mobility forged a relative intimacy among people and filial piety was the actual expression of that kind of intimate affection. Yet, filial piety in Confucianism created a unique culture in terms that it not only stipulated material and emotional support for parents but also expected one's piety to the further ancestors through a memorial service and made its connection to the infinite posterity through sons. From the perspective of Confucianism that established filial piety at the turning point from life to death, the self existing in present was not an isolated self anymore. Yet, one can see another characteristic of Confucianism from that filial piety, based on blood bonds, could move beyond paternalism to broaden itself. It could be expanded to the care for strangers. The aged experience and wisdom through agricultural life begot the insight that the nature made its infinite connections with everything through circulation. As a stone thrown in a pond would enlarge its boundary by drawing larger and larger concentric circles, this thought enabled people to enlarge their affection to their parents to universal humanity. In this enlarged network, though it was natural to make distinctions between the closer and the farther, Confucianism sought to overcome it by establishing oneself upright. Confucianism emphasized the moral cultivation with its filial piety concept that contained the diachronic thought penetrating life and death and the broadened perspective relating everything around. In Confucianism, filial piety provided an important medium in forming a moral subject that penetrated life and death and related self and others. Inherent in it is the Confucius thought of continuity that searched for a paragon of a moral human being regardless of time and space.

• Cross-Cultural Studies
• /
• v.52
• /
• pp.53-78
• /
• 2018

In the moral culture of the West, love and justice are two commands with roots in ancient times. One is the heritage of Hebraism, and the other belongs to the tradition of Hebraism and Hellenism. The two concepts are the most important virtues required for preserving stability in society. These two commands are compatible, in an exclusive relationship to each other. To ultimately seek their reconciliation, the precise concept analysis and understanding of each of them should be premised on, due to the multi-layered meaning of implications of the two concepts. To this end, we first have started with a lexical meaning and have done a conceptual analysis of what these two concepts are expressing. We have looked at Paul $Ric{\oe}ur$ in his interpretation of the discourse of love and justice. Finally, we looked at how these two concepts are narrated in literature. Through the literary works of Stendal, Albert Camus, and Dostoevsky, we have seen examples of literary configurations that have been embodied in life. In this way, through conceptual analysis, discourse analysis, and narrative analysis of the two concepts, the following conclusions were drawn. Love and justice were not a matter of choice. We could see coldness and unrealism of a society lacking love or with a problem of unclean love, through Stendhal's and Albert Camus' novels and their actual debate. In addition, in unclean paternalism, risk of the power of love blocking certain a certain touch of justice was also confirmed. So, it was necessary for a healthy future society to explore the possibility of the coexistence of love and justice. We confirmed the possibility of compatibility in a 'considerate balance' wherein the 'moral judgment in situation' is required, as Paul $Ric{\oe}ur$ expressed. This ideal situation may be realized when forms of love involving solidarity, mutual care, and compassion with pain like Dostoevsky are combined with the principle of distributional justice. When Albert Camus pursued justice and eventually faced reality and mentioned the need for mercy, he could have made a moral judgment based on this situation. In the end, love protects justice, and justice contributes to the realization of love. Justice reduces super-ethical love to moral categories, and love plays a role in enabling justice to exert its full force.