• Title/Summary/Keyword: right to self-determination

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Factors Associated with the Exercise of Right to Self-determination about non-benefit Medical Services (의료소비자의 비급여 진료에 대한 자기결정권 행사와 관련 요인)

  • Kim, Ji Eun;Hahm, Myung-il;Lee, Hyewon;Kim, Sun Jung
    • Korea Journal of Hospital Management
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    • v.27 no.1
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    • pp.11-19
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    • 2022
  • Purposes: This study was to investigate intention to exercise the patient's right of self-determination on adopting the non-benefit medical services and was to identify factors associated with intention to self-determined decision. Methodology: A total of 1,000 adult respondents aged 20 to 65 years were recruited using stratified random sampling and surveyed by online. Multivariate logistic regression analysis was performed to identify factors associated with intention to self-determined decision using SAS 9.4(SAS Institute Inc. Cary, NC, USA). Findings: 61.9% of total participants(n=592) had intention to exercise patient's right of self-determination on adopting the non-benefit medical services. Significant differences were observed in the exercise of self-determination in relation to prior explanation and opportunity for self-determination. Practical Implications: This study suggested that explanation duty of provider might influence on increasing intention to exercise the patient's right of self-determination. Considering appropriate use of non-benefit services, it is important to enhance explanation duty of provider.

A Review on Consent to the Medical Treatment in the case of Foreign Determination (의료행위와 대리승낙)

  • Lee, Seok-Bae
    • The Korean Society of Law and Medicine
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    • v.15 no.1
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    • pp.303-333
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    • 2014
  • The right to self-determination in regard to one's body is a key element of human dignity, privacy and freedom. It is constitutionally enshrined in the guarantee of human dignity, in the general right of personality and, most concretely of all, in the right to physical integrity. In principle No-one may trespass another person's body against his will, whether this act improves his physical condition or not. This right of self-determination applies equally to healthy and to sick people. Hence everyone has the right either to permit or to refuse a medical treatment, unless he can not make a rational decision. If the person does not consent himself, for whatever reason, another one must do for him as guardian. Representation in consent to medical treatment is therefore the exception of self-determination rule. This article explored, 1. who can consent to the medical treatment in the case of the mentally incapacitated adult and the infant, 2. what kind of consent to the medical treatment can the deputy determinate for the mentally incapacitated adult and the infant, 3. when the deputy can not determinate without permission of the court, and 4. what can the doctor do in the case of conflict between minors and guardians.

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Tackling Privacy Paradox : Protecting Right to Self-determination of Personal Information by Estimating the Economic Value of Personal Information and Visualizing the Price

  • Lim, Sejoon
    • International Journal of Internet, Broadcasting and Communication
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    • v.13 no.2
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    • pp.244-259
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    • 2021
  • The economic value of personal information has its importance as an objective measure of valuation in commercial, legal, and policy areas. Until recently, however, personal information subjects have not properly recognized the economic value of personal information, which has led to the inability to exercise the right to self-determination of personal information by unconsciously agreeing to the terms and conditions of personal information service without recognizing the value of personal information provided to the service provider when subscribing to a specific service. Therefore, we will examine the methodologies for calculating the economic value of personal information and the practical guarantee of the right to self-determination of personal information and analyze the economic value of personal information through a survey. Also, we would like to propose various ways for the subject of personal information with limited cognitive resources to visually accept the economic value of personal information required by the terms and conditions and suggest the optimal visualization of personal information economic value to exercise the right to self-determination of personal information. To do so, in this paper, we have conducted two survey experiments to estimate the economic value of personal information. Based on the price of personal information by category retrieved from surveys, we have visualized the price of personal information in various forms and asked respondents to choose the optimal infographic that best represents the value of personal information visually. As a result, we have proposed an optimal usage of the infographic to 'nudge' information subjects about their right to self-determination of personal information, therefore opening the possibility of diminishing privacy paradox.

A Study on the Improvement of the Unconditional Right to Informational Self-Access Based on the Status of Domestic and Foreign Legislation and It's Application to Domestic Corporations (무조건적 자기정보접근권 부여에 대한 국내외 규제현황 및 사례분석을 통한 개선방안 연구)

  • Bae, Jin-ho
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.27 no.3
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    • pp.591-605
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    • 2017
  • The right to informational self-determination refers to the constitutional right for an individual, which is approved by the constitutional court, to decide what contents the collected information comprises and to control the circulation of information relation to oneself. It contains claim for inspection of personal information(The right to informational self-access) as a right for individual to review information of current state and processing history which information holders have. To assure the right to informational self-access, individual must be notified of the processing history of information by information holders regardless of individual's request(The unconditional right to informational self-access). This study will analyse current status of domestic and foreign legislation and global regulation which are related to the unconditional right to informational self-access. In addition, the action of domestic corporations will be introduced. Finally, it will be concluded with relevant problems and solutions to solve the problems.

Of the Factors Organizing Independent Living of the Disabled, the Effect of Self-Determination Right and Empowerment on the Community Relation and Productivity (장애인 자립생활의 구성요인 중 자기결정권과 역량강화가 공동체관계 및 생산성에 미치는 영향)

  • Lee, Che Sik
    • 재활복지
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    • v.17 no.4
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    • pp.221-244
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    • 2013
  • This study made an exploratory verification targeting severely-disabled persons on how self-determination right and empowerment of the factors organizing independent living affect community relation and productivity of the disabled. For the foregoing, this study collected data for about 2months from May through July 2012 targeting the disabled using Center for Independent Living and the Center for Human Right of the Disabled. As a result of research, this study revealed First, the level of self-determination right of the disabled differed meaningfully depending on the variables such as age, academic ability, existence of spouse, receiving pension, monthly income, residential type, time of occurrence of disability and disability rating, and in the level of empowerment, it showed a meaningful difference according to the factors like academic ability and disability rating. Second, the level of formation of community relation differed meaningfully according to the variables such as age, academic ability, existence of spouse, residential type, time of occurrence of disability, disability rating etc., and the level of productivity showed a meaningful difference according to the variables such as academic ability, existence of spouse, receiving pension, monthly income, multiple disabilities, disability rating etc. Third, as a result of investigation on the effect of self-determination right and empowerment of the disabled on their community relation, both self-determination right and empowerment turned out to have a meaningful and positive (+) effect on the community relation of the disabled. Fourth, as a result of investigation on the effect of self-determination right and empowerment of the disabled on their productivity, this study found that only the variable of empowerment exercises a meaningful and positive (+) influence on the productivity of the disabled. Therefore, self-determination right and empowerment are considered an important variable for enabling them to enjoy independent living in the future by strengthening community relation and productivity of the disabled. For this, it is required to fulfill social welfare and recognize the significance of self-determination right and empowerment in the process of rehabilitation, and develop as well as revitalize a variety of programs related to the above.

A Study of the Medical Practice and the Right of Patients to Self-determination - Focusing on Supreme Court Decision 2009DO14407 Delivered on June 24, 2014 - (의료행위와 환자의 자기결정권에 관한 고찰 - 대법원 2014. 6.26. 선고 2009도14407 판결을 중심으로 -)

  • Kim, Young-Tae
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.3-29
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    • 2014
  • The Supreme Court made a decision that the doctor cannot be punished for not taking a blood transfusion to the patient, depending on the patient's will to refuse the blood transfusion on June 24, 2014. The reason is that, in a special situation of conflict between the right of patients to self-determination and the duty of care, and when it was impossible to compare whether which has the superior value, if the doctor made a medical practice to respect either of those two values according to the professional sense, he cannot be punished. In principle, the doctor should make medical practices according to the patient's will. However, if the patient's life was at stake, I think, the doctor is obliged to try his best to save the life of patient. Yet to entrust the patient's life to the doctors professional sense, is to give up the obligation of the country to protect lives. In this regard, I think that the Supreme Court Decision should be reviewed, and that an ongoing research is needed.

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The effect of some local dental hygiene and students' self-determination on class participation: Focusing on the mediating effect of educators' feedback types (일부 지역 치위생(학)과 학생들의 자기결정성이 수업참여에 미치는 영향: 교육자의 피드백 유형의 매개효과를 중심으로)

  • Jang, Kyeung-Ae
    • Journal of Korean society of Dental Hygiene
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    • v.21 no.4
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    • pp.481-489
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    • 2021
  • Objectives: This study was conducted to understand the effect of learners' self-determination on class participation, focusing on the feedback type of educators. Methods: A survey was conducted from May 1 to May 31 2021 on dental hygiene students, and a total of 151 valid responses were analyzed. The questionnaire consisted of general characteristics, self-determination, class participation, and educator's feedback type. The analysis method used correlation analysis and hierarchical regression analysis. Results: In relation to self-determination, class participation, and feedback type of educators, self-determination was positive feedback (r=0.338, p<0.01), class participation was corrective feedback (r=0.418, p<0.01), and positive feedback was correction (r=0.742, p<0.01). As a result of the mediating effect of the educator's feedback type in the relationship between self-determination and class participation, it was found to be significant by partially mediating positive and corrective feedback. Conclusions: It was found that the right to self-determination influences class participation based on positive feedback and corrective feedback of educators. It relates to efforts to strengthen learners' self-determination and provide appropriate types of feedback from educators.

The Legal Framework of the Death with Dignity in U.S.A. (존엄사에 대한 미국의 법제)

  • Kim, Jang-Han
    • The Korean Society of Law and Medicine
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    • v.9 no.2
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    • pp.53-75
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    • 2008
  • The end of life problem in the United States has been evolved from the development of concept of brain death over last 50 yr. The invention of ventilator and the development of emergency medicine also played a key role to elongate the end stage of life and which caused the American people to ask a question about the patients self determination and refusing the unwarranted medical treatment in the view of the death with dignity. With regard to the patient unable to self determination, surrogate decision was also considered. To guarantee the self determination, The patient self determination act also enacted on the level of Federal regulation in 1990s. But no law has effectively dealt with the situation when medical treatment became futile. Along with the significant debates on literature and court cases. The American Medical Association's Council on Medical and Judical Affairs presented formal opinion and the Texas was the first states to regulate the medical futile situation in 1999. Even though that definition was in controversy, the concept of medical futility mainly focused on the doctors' right to refuse the treatment.

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A Study on the Privacy Literacy Level Measurement for the Proper Exercise of the Right to Informational Self-Determination (올바른 개인정보자기결정권 행사를 위한 프라이버시 리터러시 수준 측정에 관한 연구)

  • Park, Hyang-mi;Yoo, Ji-Yeon
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.26 no.2
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    • pp.501-522
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    • 2016
  • In the digital era, information is a source of value creation. However, the growing importance of knowledge and information also increases risks and threats. When information is leaked, full recovery is difficult, and additional spreading of risk is high because it is easy to accomplish. Especially personal information is the main target due to its availability. Although individuals normally have to consent to the use of their personal information, they often do not know the use of their information. In such a difficult situation, one must exercise self-determination and privacy. Therefore, the goal of this study is to development a privacy literacy level measurement model for the proper exercise of the right to informational self-determination. It will be presented with the concept of privacy literacy index in order to determine the level of knowledge and understanding and practical application skills for individual. Through the index, we going to enhance the selection ability of information subject, and to promote the judgement and the determination capability for the protection and utilization of personal information.

Effects of Behavioral Inhibition in Young Children on Self-Determination: Sequential Mediating Effects of Mother's Parenting Anxiety and Autonomy Support (유아의 행동억제가 자기결정성에 미치는 영향: 어머니의 양육불안과 자율성 지지의 순차매개효과)

  • Ji-Hyo Kim;Nary Shin
    • Korean Journal of Childcare and Education
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    • v.19 no.6
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    • pp.97-113
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    • 2023
  • Objective: The purpose of this study is to investigate the effect of young children's behavioral inhibition on self-determination, examining the sequential mediating effects of mothers' parenting anxiety and autonomy support. Methods: Participants in this study were 225 mothers with children aged 6 years. An online survey was conducted, and SPSS Statistics 23.0 was used for basic analysis. The research model used the Process Macro 4.0 program. Results: The higher the level of behavioral inhibition, the lower the child's self-determination. Furthermore, a mediating effect was confirmed when parenting anxiety was added. However, in the single mediation model and the sequential mediation model in which autonomy support was added, the direct effects of behavioral inhibition temperament and parenting anxiety on self-determination disappeared. As a result, behavioral inhibition characteristics were found to have an indirect effect on self-determination through the sequential mediating effects of mother's parenting anxiety and autonomy support. Conclusion/Implications: If a mother with a child with a behaviorally inhibited temperament properly handles the negative emotions experienced during parenting based on her understanding of the child and supports the child to have a high degree of autonomy, she can enhance the child's right to self-determination.