• The Korean Society of Law and Medicine
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• v.4 no.1
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• pp.255-294
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• 2003

This paper is relating to the debates upon the physicians' duty to issue the prescription documents to their patients. The duty should be approached in light of the patients' right to know about the prescription and pharmacy. The Korean Constitution is construed to protect the citizens' right to know as a fundamental right. The Constitution article 10 reads as follows: "All citizens shall be assured of human dignity and worth and have the right to pursue happiness. It is the duty of the State to confirm and guarantee the fundamental and inviolable human rights of individuals." The rights confirmed and guarantee by this article include the patients' right to know about what happens to their body, that is the treatments taken for them and so on. One of the treatments is the prescription and pharmacy. The information is necessary for them to establish their action for the damages in case of their harm resulted in by the negligence in prescription and pharmacy. Now that the prescription is written about by a physician and then the pharmacists compound the prescribed medicines, the patients need to get the documents signed by the pharmacists about the pharmacy. It should be noted that the patients right to know is the right to know and remember. Therefore the patients, who are laymen about the pharmacy, need two prescription documents one of which should be kept by them even after they take the prescribed and compounded medicines for the potential trial.

• Journal of Families and Better Life
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• v.21 no.1
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• pp.73-89
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• 2003

The goal of this study was to estimate the knowledge on the patient about treating and attitude about their right to know and how they practice. That is the study seek to find how much they claim about their right to know and how they evaluate it. Additionally describe how much the patient carry on their right to know and find out that of each level's associations. This main Purpose of the study was to increase patient's right to know during in medical services. Socio-demographic variables, personal service variables and other used variables which levels of consumers knowledge, demand, evaluation and about right to know on practice level were analyzed statistically. For this purpose, the subjects of this study were consumers who had experienced medical services. The survey was conducted on 551 Korean aged in off-line by self-administered questionnaires. Final analyzed sample sizes are 551. The regression, ANOVA, t-test and other descriptive analyses were used. The obtained results were as When the consumers were estimated the level of Knowledge, the degree of respondent's level was middle state. The level of demand showed low tendency but their practice level was relatively high. On the other hand, consumer's demand for the patient's right to know was very high. The level of knowledge, demand, evaluation have affected positively to the level of consumers practices. Based on empirical research, the statistics of consumers' knowledge level was significant to other variables and effecting highly. It was recommended consumer education should be provided effectively to increase protecting their right.

• Journal of Korean Society of Archives and Records Management
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• v.14 no.4
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• pp.37-62
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• 2014

This study aims to discuss the paradigm shift of the right to know and to analyze the government 3.0 policies of the Park Gun-Hae's administration. The study analyzes the preceding researches on the rights to know and freedom of information. It also defines the concept of the right to know in both broad and narrow senses. Furthermore, the history of people's right to know is analyzed and divided into three different stages. Then, the outcomes and limitations of government 3.0 during Park Gun-Hae's administration are explored. As a result, the study discusses the dangers and the future tasks of government 3.0 in terms of quality, gathering, and security of public information.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.145-173
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• 2016

A patient's Right to Self-Determination or his/her Right of Autonomy in the Republic of Korea has traditionally been understood as being composed of two elements. The first, is the patient's Right to Know as it pertains to the physician's Duty to Report [the Medical Situation] to the patient; the second, is the patient's Right to Consent and Right of Refusal as it pertains to the physician's Duty to Inform [for Patient's Consent]. The legal and ethical positions pertaining to the patient's autonomous decision, particularly those in the interest of the patient's not wanting to know about his/her own body or medical condition, were therefore acknowledged as passively expressed entities borne from the patient's forfeiture of the Right to Know and Right to Consent, and exempting the physician from the Duty to Inform. The potential risk of adverse effects rising as a result of applying the Informed Consent Dogma to situations described above were only passively recognized, seen merely as a preclusion of the Informed Consent Dogma or a denial of liability on part of the physician. In short, the legal measures that guarantee a patient's 'Wish for Ignorance' are not currently being understood and acknowledged under the active positions of the patient's 'Right Not to Know' and the physician's 'Duty to Consideration' (such as the duty not to inform). Practical and theoretical issues arise absent the recognition of these active positions of the involved parties. The question of normative evaluation of cases where a sizable amount of harm has come up on the patient as a result of the physician explaining to or informing the patient of his/her medical condition despite the patient previously waiving the Right to Consent or exempting the physician from the Duty to Inform, is one that is yet to be addressed; that of ascertaining direct evidence/legal basis that can cement legality to situations where the physician foregoes the informing process under consideration that doing so may cause harm to the patient, is another. Therefore it is the position of this paper that the Right [Not to Know] and the Duty [to Consideration] play critical roles both in meeting the legal normative requirements pertaining to the enrichment of the patient's Right to Self-Determination and the prevention of adverse effects as it pertains to the provision of [unwanted] medical information.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.32 no.2
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• pp.89-101
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• 2022

Objectives: By comparing and examining how important issues concerning industrial health information for workers are viewed in other advanced countries, it is intended to ascertain problems in the approach found in Korean legislation and obtain legal and policy implications. Methods: The results of a survey were introduced and analyzed through a comparative method for each case after investigating in detail what and how important issues surrounding workers' right to know industrial health information are reflected in the legislation of Germany, the U.S., the U.K., and Japan. Based on the results of this comparative analysis, theoretical and policy implications and legal policy improvement tasks were drawn to strengthen workers' right to industrial health information for each case in Korea. Results: For access to industrial health information, most of the other advanced countries clearly stipulate a right to access for current and past workers and/or their representatives. As a result, workers or their representatives do not need to use the Information Disclosure Act to access exposure records, and there is no debate over the Information Disclosure Act. In other words, industrial health information is focused on ensuring free access to workers or their representatives and is not interested in reporting it to the government. Conclusions: In order to strengthen workers' right to know about industrial health, it is most important to address the legal issues related to this right, which is considered insufficient by comparative law. This should start with a concrete and effective definition of what and how to guarantee workers' rights to industrial health, such as the right to freely access industrial health information, including for retired workers and bereaved families of deceased workers.

• Journal of Korean Library and Information Science Society
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• v.35 no.4
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• pp.41-63
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• 2004

This study is an analysis of the prisoners' and the pre-trial prisoners' rights based on the laws and rules, and court cases. Rights included are the right to know and the access to information, the right to legal representation and the right of education, all of them can be protected when the prison libraries are administered In order to protect the prisoners' and pre-trial prisoners' rights, the necessity for the establishment of prison library is discussed and the direction of prison library system is suggested.

• The Journal of Korean Academy of Orthopedic Manual Physical Therapy
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• v.15 no.1
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• pp.9-21
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• 2009

Purpose : To know how much weight bearing on left and right leg on 14 different positions. The second is to know how about different the weight bearing ratio on same positions of ages group. Methods : The third is to know how about changes the weight bearing ration between exercise group and non exercise group. The group of age is divided 20s, 30s, 40s, 50s, over the 60 years. The subjects are 93 males(44), females(49). Results : The ordering of ratio of weight bearing on one side leg is as follows: The position of the highest weight bearing ratio is one leg standing with the other leg on chair(right 0.82, left 0.81) and the position of lowest weight bearing ratio is hooklying with natural leg position(both legs 0.08). There are statistically significant difference between right and left leg of weight bearing ratio on the 6 positions among the 14 positions. As for the ages, there are statistically significant difference on 5 different positions of 20 ages body weight bearing ratio between right and left leg. But as for the 50 ages there are no statistically significant difference on all of 14 positions between right and left leg body weight bearing. As for the exercise group there are statistically significant difference on only one position of one leg standing with the other leg on chair between right and left weight bearing ratio. But as for non exercise group there are statistically significant difference on 4 positions between right and left weight bearing ratio. Conclusion : When the therapist exercise with patient's always considerate of patient's position and weight bearing ratio.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.25 no.1
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• pp.1-12
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• 2015

Objectives: The major objectives of this study are to review the U.S. Standard which affected Korean worker's Right-to-Know Standard and to propose the way of improving the reliability of MSDS and labels. Methods: To review the U.S. Standard historically, we used the Federal Register, other criteria documentation and peer-reviewed literatures. Then we analysed major issues in the historical debatement on the worker's Right-to-Know Standard. Results: Korean MSDS Standard benchmarked the U.S. Hazard Communication Standard which finally established by President Reagan in 1983. Reagan's Hazard Communication Standard was aimed to preempt States Right-to-Know Acts for chemical industry and not to improve the awareness of workers on chemical hazards. Too much protection on trade secrets and low reliability of hazard information were key problems of the U.S. Standard. Conclusions: We recommend some ways to improve Korean MSDS and Label Standard. First, A new analysis frame is needed to understand the U.S Standard. Second, hazard identification is the key element of reliable information and chemical name and CAS number should be on the label of the container. Third, trade secrets should be limited to low hazardous substances and be permitted by government before the chemical product is on the market.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.25 no.4
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• pp.433-445
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• 2015

Objectives: The major objectives of this study are to review the issues surrounding trade secret claims in the Chemicals Control Act and Amendment on Occupational Safety and Health Act(1917-227) and to propose a way of improving the reliability of chemical information in MSDSs, labels and National Chemical Survey results. Materials: To review the issues on trade secret claims, we made an analysis frame which was divided into three steps: Value and Problem Recognition; New Regulation Design; and Enforcement and Amendment. We then compared Korean issues with issues from the United States' Hazard Communication Standard and Emergency Planning & Community Right-to-Know Act, Canada's Workplace Hazardous Materials Information System and Hazardous Materials Information Review Act and the European Union's Regulation on Classification, Labelling and Packaging of substances and Mixtures. Results: The stage of right-to-know development in Korea has passed the Value and Problem Recognition phase, so efforts are needed to elaborately design new regulation. Conclusions: We recommend two ways to improve right-to-know in Korea. First, strict examination of the quality of documents for trade secret claims is very important. Second, trade secrets should be limited to less-hazardous substances.

• The Korean Journal of Archival Studies
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• no.22
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• pp.77-114
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• 2009

The right to know is not satisfied merely by making or improving laws or systems. The right to know is a matter of culture rather than system. Nevertheless, consistent system improvement measures are required. There are many laws relating to the right to know. In particular, at the core are the Official Information Disclosure Act, the Record and Archives Management Act, and the Presidential Record Management Act. The fact that systems relating to official record management and presidential record management are related to the right to know is understood by the promotion of records and archives management reform after the year 2004, as a result of which the national archives management innovation road map was established. Reflecting the many opinions of the "Information Disclosure System Improvement Task Force" composed with participation of the government and the press after the participatory government's announcement of "Measures to Advance the Support System for News Coverage," amendments to the Information Disclosure Act have come forward with system improvement measures in connection with issues that had arisen until then. Such improvement measures have not resulted in actual improvements. This thesis proposes several system improvement measures, focusing on those that have arisen until now but have not been reflected in discussion, such as converting the concept of information non-disclosure into disclosure postponement, preparing and disclosing particular information disclosure standards, specifying personal information for non-disclosure, specifying and strictly applying any information that has not been disclosed for purposes of internal review, deleting non-disclosure items in stenographic records that do not have a reason to exist, and establishing limits and terms of non-disclosure. Of the most remarkable system improvement measures that have been made until now is our recognition that the right to know is not limited to the information disclosure system but that the "cause" of archive management should be systematic and scientific. In other words, the right to know is understood to establish not just accidential factors, such as with a whistle-blower, but the inevitable factors of systemization of production, distribution, preservation, and use of archives. Much more study should be pursued regarding disclosure of archives information. In particular, difficult issues to be resolved regarding reading records at permanent archives management institutions, such as the National Archives of Korea, or copyrights that arise in the process, require constant study from academia and relevant institutions.