• The Korean Society of Law and Medicine
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• v.23 no.4
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• pp.75-102
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• 2022

In this article, 「Act on the hospice and palliative care and decisions on life-sustaining treatment for patients at the end of life」, 「Act On The Improvement Of Mental Health And The Support For Welfare Services For Mental Patients」, 「Organs Transplant Act」, 「Safety And Management Of Human Tissue Act」, 「Pharmaceutical Affairs Act」, 「Prevention Of Acquired Immunodeficiency Syndrome Act」, 「Tuberculosis Prevention Act」, 「Infectious Disease Control And Prevention Act」 were reviewed. Patients' right to self-determination and consent in these laws are related to civil law. even though they are closely related to the civil law in relation to patients' right to self-determination and consent. In order to consistently operate medical administration, it is necessary to understand the principles of civil law decision-making.

• Journal of Platform Technology
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• v.12 no.1
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• pp.141-150
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• 2024

The importance of personal data protection is increasingly emphasized both at home and abroad, and while overseas countries are applying various policies and dynamic management technologies, there are some gaps between compliance with laws and regulations and the application of technologies in Korea, and there are few user interfaces that provide convenient ways for data subjects to stop processing personal data. This study first analyzes the need for dynamic personal information consent management technology, the current state of the industry, and the prospects for its development. Next, this study proposes a basic model for dynamic management of personal information consent that maximizes the data subject's right to personal data self-determination while strictly complying with personal data protection laws in Republic of Korea. In particular, this study analyzes the basis of domestic laws and regulations related to the suspension of personal data processing, designs a basic model of personal data consent dynamic management interface, and presents its effectiveness. Based on the results of this study, we expect that the proposed dynamic management model for personal data use consent can be used in various ways for various websites and applications in the future.

• Journal of Platform Technology
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• v.6 no.4
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• pp.11-17
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• 2018

In the smart intelligence information society, there is a possibility that the social dysfunction such as the personal information protection issue and the risk to the electronic surveillance society may be highlighted. In this paper, we refer to various categories and classify electronic surveillance into audio surveillance, visual surveillance, location surveillance, biometric information surveillance, and data surveillance. In order to respond to new electronic surveillance in the intelligent information society, it requires a change of perception that is different from that of the past. This starts with the importance of digital privacy and results in the right to self-determination of personal information. Therefore, in order to preemptively respond to the dysfunctions that may arise in the intelligent information society, it is necessary to further raise the awareness of the civil society to protect information human rights.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.75-103
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• 2020

There is a growing voice that medical information should be shared because it can prepare for genetic diseases or cancer by analyzing and utilizing medical information in big data or artificial intelligence to develop medical technology and improve patient care. The utilization and protection of patients' personal information are the same as two sides of the same coin. Medical institutions or medical personnel should take extra caution in handling personal information with high environmental distinct characteristics and sensitivity, which is different from general information processors. In general, the patient's personal information is processed by medical personnel or medical institutions through the processes of collection, creation, and destruction. Still, the use of terms related to personal information in the Medical Service Act is jumbled, or the scope of application is unclear, so it relies on the interpretation of precedents. For the medical personnel or the founder of the medical institution, in the case of infringement of Article 24(4), it cannot be regarded that it means only medical treatment information among personal information, whether or not it should be treated the same as the personal information under Article 23, because the sensitive information of patients is recorded, saved, and stored in electronic medical records. Although the prohibition of information leakage under Article 19 of the Medical Service Act has a revision; 'secret' that was learned in business was revised to 'information', but only the name was changed, and the benefit and protection of the law is the same as the 'secret' of the criminal law, such that the patient's right to self-determination of personal information is not protected. The Privacy Law and the Local Health Act consider the benefit and protection of the law in 'information learned in business' as the right to self-determination of personal information and stipulate the same penalties for personal information infringement such as leakage, forgery, alteration, and damage. The privacy regulations of the Medical Service Act require that the terms be adjusted uniformly because the jumbled use of terms can confuse information subjects, information processors, and shows certain limitations on the protection of personal information because the contents or scope of the regulations of the Medical Service Law for special corporations and the Privacy Law may cause confusion in interpretation. The patient's personal information is sensitive and must be safely protected in its use and processing. Personal information must be processed in accordance with the protection principle of Privacy Law, and the rights such as privacy, freedom, personal rights, and the right to self-determination of personal information of patients or guardians, the information subject, must be guaranteed.

• The Journal of the Korea Contents Association
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• v.19 no.6
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• pp.125-134
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• 2019

The purpose of this study is to explore the direction of decision support for senior citizens living alone by identifying the level of self-determination and desire for decision support. The survey was conducted on 300 elderly people living alone in five districts of Seoul. The analysis results are as follows: First, it has been shown that elderly living alone have thought that it is most important to reflect their decisions when deciding where to live. Second, respondents highly recognized that the need for support decision making as the age group grew. Third, it was found that the factors affecting the perception of the need to support decision-making by senior citizens living alone were age, trust in family and recognition of importance in decision-making. The study suggested the need for a specific, institutionalized system to support decision making for elderly living alone.

• The Journal of the Korea Contents Association
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• v.10 no.4
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• pp.317-326
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• 2010

The respect for human dignity and worth is to purpose both the ideological premise and the guarantee of all the fundamental rights at the same time. Both freedom and rights which are necessary for obtaining those purposes should be guaranteed. "A human has dignity and worth as a human being" is that a nation exists for an individual between an individual and a nation. It declares democratic ideology. It becomes a ultimate standard to solve a problem of the interpretation of an article of a law and the effect of a law. The right to pursue one's happiness is necessary to persue one's happiness. The rights comprehensively covers even the freedom and the right without in an article of a law. It shows a positive rights like a social fundamental rights in a minimum level of a law. According to the precedent of the Constitutional Court, as the right to pursue one's happiness is in area of a common action, the free manifestation of the authoritative individuality, and self-determination in category, this study is to emphasize the importance of the right to pursue one's happiness throughout its meaning and the precedent of history legislation.

• Journal of Convergence for Information Technology
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• v.8 no.2
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• pp.141-148
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• 2018

The purpose of this paper is to explore the scope of realization of multiple perspectives so that the implementation of the right to be forgotten is more realistic than the ideal information deletion concept. We examined domestic and foreign legal system and technology/service trends, and reflected the classification realization level of service realization, processing type and information characteristics of personal information processor, and legislative/technical factors for multi-level scope analysis. As a result, we have presented a matrix of the range of realization of the right to be forgotten and the scope of diversified regulation by the subject of protection. This study will be extended to the convergence of law and engineering, and will contribute to the prediction of social costs and expansion of the market by identifying the scope of 'deletion rights'.

• The Korean Society of Law and Medicine
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• v.24 no.4
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• pp.37-63
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• 2023

In medical litigation, there are various cases where a doctor's 'explanation' of a patient becomes problematic. Medical explanations and guidance are required from the doctor, starting from the beginning of diagnosis, through treatment processes such as surgery, when hospitalization is necessary for treatment, during hospitalization, upon discharge, and after discharge. Furthermore, notification from the doctor or medical institution may be requested regarding the economic costs that will be incurred due to medical treatment. South Korea's judiciary has been developing legal principles regarding such doctor's explanations by distinguishing between explanations for obtaining consent for medical treatment and medical explanations related to guidance on patient treatment methods, taking into account related laws such as the stage of treatment and the Medical Service Act. Additionally, the Constitutional Court recently ruled on the non-benefit cost notification system linked to the explanation of economic costs. However, holding a doctor accountable solely because the doctor's explanation was insufficient has aspects that do not correspond to the actual situation in clinical reality, and may have a reflexive disadvantage that results in a decline in legal rights. Therefore, the doctor's explanation needs to be examined from both perspectives: guaranteeing the patient's right to self-determination and protecting his or her right to decision.

• The Korean Society of Law and Medicine
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• v.13 no.1
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• pp.359-395
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• 2012

In a broad term, health and medical data means all patient information that has been generated or circulated in government health and medical policies, such as medical research and public health, and all sorts of health and medical fields as well as patients' personal data, referred as medical data (filled out as medical record forms) by medical institutions. The kinds of health and medical data in medical records are prescribed by Articles on required medical data and the terms of recordkeeping in the Enforcement Decree of the Medical Service Act. As EMR, OCS, LIS, telemedicine and u-health emerges, sharing and protecting digital health and medical data is at issue in these days. At medical institutions, health and medical data, such as medical records, is classified as "sensitive information" and thus is protected strictly. However, due to the circulative property of information, health and medical data can be public as well as being private. The legal grounds of health and medical data as such are based on the right to informational self-determination, which is one of the fundamental rights derived from the Constitution. In there, patients' rights to refuse the collection of information, to control recordkeeping (to demand access, correction or deletion) and to control using and sharing of information are rooted. In any processing of health and medical data, such as generating, recording, storing, using or disposing, privacy can be violated in many ways, including the leakage, forgery, falsification or abuse of information. That is why laws, such as the Medical Service Act and the Personal Data Protection Law, and the Guideline for Protection of Personal Data at Medical Institutions (by the Ministry of Health and Welfare) provide for technical, physical, administrative and legal safeguards on those who handle personal data (health and medical information-processing personnel and medical institutions). The Personal Data Protection Law provides for the collection, use and sharing of personal data, and the regulation thereon, the disposal of information, the means of receiving consent, and the regulation of processing of personal data. On the contrary, health and medical data can be inspected or delivered of the copies, based on the principle of restriction on fundamental rights prescribed by the Constitution. For instance, Article 21(Access to Record) of the Medical Service Act, and the Personal Data Protection Law prescribe self-disclosure, the release of information by family members or by laws, the exchange of medical data due to patient transfer, the secondary use of medical data, such as medical research, and the release of information and the release of information required by the Personal Data Protection Law.

• Informatization Policy
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• v.18 no.1
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• pp.3-23
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• 2011

With the advent of the information era, the need to protect private information has increased rapidly. Theoretical answers to this problem in jurisprudence has been pursued in various ways over the last two decades. The purpose of this study is to find the types of human rights to information and provide directions for future studies by analyzing existing research materials. About 200 materials, including theses and dissertations produced from 1988 to the present have been collected and analysed. Lessons and implications for this study for the systematization of information rights are presented. I hope this study will contribute to future studies about information rights in jurisprudence.