• Title/Summary/Keyword: unborn child

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The Possibility with Other Ways to Protect an Unborn Child in Terms of Illegal Abortion in Crown Law (분만 전 태아에 대한 낙태죄 이외의 형법상 보호가능성 - 대법원 20007.6.29. 2005도3832에 대한 평석 -)

  • Park, Kyung-Choon
    • The Korean Society of Law and Medicine
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    • v.9 no.1
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    • pp.197-257
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    • 2008
  • Current crown law punishes crime related to unborn child with abortion crime. So we might think that any infringement on unborn child is pretty well protected. But, in terms of illegal abortion, a charge of injuring person and homicide, there are lots blind spots in punishing criminals. Especially, there are numerous unclear cases in illegal abortion. If a doctor killed an unborn child by accident in medical operations, we can't punish him because it was an accident. There still exist controversial cases such as, if an unborn child was somehow damaged and was dead after birth, or was born with disabilities, how are we supposed to punish that? Recently, in a case where a doctor left alone a mother who had a baby and the baby died, our Supreme Court of Korea (Supreme Court of Korea 2007.6.29 2005do 3832) had given a verdict of "not guilty". It looked like they were very fair with current crime law. But, we want this case to be investigated if there weren't any logical contradictions as well as concurrent translation within Constitution Law.

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An Ethnographic Study about Taegyo Practice in Korea (태교 실천에 대한 일상생활 기술적 연구)

  • 김현옥
    • Journal of Korean Academy of Nursing
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    • v.27 no.2
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    • pp.411-422
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    • 1997
  • The purpose of this study is twofold : (i) to investigate how much effort the married couples are making for the good health of both the pregnant woman and her unborn child from the time of their marriage to and during the period of conception : and (ii) to comprehensive investigate socio-cultural back-grounds which affect prenatal effort. Result of this study provide a basis for the prenatal care program which will be appropriate to our culture. This study has been done by the ethnographic research method. The subjects of this study are 53 people in all consisting of 33 pregnant women and 20 husbands. In order to investigate socio-cultural factors which influence Taegyo, producers of Taegyo music were interviewed. In addition the researcher surveyed the markets of Taegyo music, participated in special courses of prenatal education, analyzed the content of the books and periodicals dealing with Taegyo, and collected the concept of Taegyo distributed by the mass media. The full-fledged study continued for eight months from February to August.1996. The data were analyzed as soon as they were collected. Spradly's(1979, 1980) developmental, sequential method of domain analysis. taxonomic analysis, componential analysis, and theme analysis in this order was adopted as the procedure of analyzing the data. To obtain the exactness of study, Sandelowski's (1986) four criteria, that is, Credibility, Fittingness, Auditability, and Confirmability were applied to all stages of data collection, data analysis, the interpretation of the result, and the description of the result. The following are the result : 1. The couples' Taegyo at the stage of preconception was related to their physical, psychological, spiritual conditions under which a healthy baby will be born. Specific methods they prefer are : "the choice of one's spouse." "physical check-up," "physical good health, " "praying, " and so on. 2. When the marriod couple have sex in order to conceive, their Taegyo was related to the imposition of their physical, psychological, and environmental conditions. Specific methods they prefer are : "having sex at specific time, " "having sex in nice place." "to purify their minds while having sex," and so on. 3. The married couples' Taegyo while they are in pregnancy was related to the imposition of their physical. psychological, emotionmental. environmental, social and spiritual conditions. Specific methods they prefer are : "listening to music. " "reading," "looking at beautiful things only," "to avoid looking at or listening to bad things." "to eat food in good shape, " "to avoid drugs," "eating Korean herbal medicine." "sexual abstinence," "to avoid dangerous places," "to keep emotional tranquility," "moderate exercises and rest." "leading a pure life." "praying." "being aware of their words and behavior." "for the couple to keep a good relationship." "interaction with their unborn child," "to support Taegyo for pregnant women," and so on. 4. The married couple put Taegyo into practice on the basis of the following principles : the principle of respecting an unborn child, the principle of forming a good disposition. the principle of top-down parental love, the principle of synergy between a pregnant woman and her unborn child, the principle of expecting a good child, the principle of forming a good habit, and the principle of acquiring a parental role. 5. The practice of Taegyo is influenced by such factors as the married couple, the supporting system, and the mass media. As the husband -and-wife factor, their information of Taegyo, the degree of importance is assigned to their characters, their time to spare, their healthiness, the age of pregnant woman, their conception plan, their religion, their belief of the Taegyo effects, and the birth of a baby in this order. The factor of the supporting system consists of her husband's support, her family support, and her neighbor's support. The mass media factors include the broadcasting media, books specialized in Taegyo, periodicals for pregnant women, booklets for advertizing powdered milk, Taegyo music of record manufacturing companies, and the teaching materials for gifted children. Among these the mass media is especially taking advantage of Taegyo as its main source of economic profits are leading the public behavior pattern to a prodigal one. Taegyo is a self-control behavior which requires practice for the following : the physical and psychological good health of the pregnant woman and her unborn child, the development of the unborn child's good character, the development of the unborn child's intelligence and talents, the expectation of the unborn child's good features. shape a good habit, the expectation of the unborn child's bright future, and the learning of a parental role, the expectation of male birth. Above all it is a type of our good cultural tradition which pursues a value higher than the one that the prenatal care does. The principles of pregnancy care inherent in the habit of Taegyo will provide us a guideline for the development of the prenatal care.

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A Study on the Life of an Unborn Child in the Aspect of Criminal Law (출생 전 생명에 대한 형사법적 고찰 - 착상과 출생의 전후에 따른 형법적 보호의 차이 -)

  • Lee, Sang-Yong
    • The Korean Society of Law and Medicine
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    • v.10 no.1
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    • pp.117-168
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    • 2009
  • Generally, criminal law protect the human life after he/she has born. Before the birth, the life of fetus are protected by prohibition of abortion, not of murder. Also, the fetus is not considered as an object of infliction of injury. A popular opinion and case law say that the fetus becomes a person at the point of an outset labor pains. Recently, some theories allege that traditional opinions is not sufficient in the case of induced delivery, so it should be decided by norm, not by a simple fact, whether a unborn child is a fetus or a person, and that the fetus should be considered as an object of infliction of injury. These theories can be meaningful because these could protect human life more comprehensively. In the other side, however, these could harm the legal stability and bring the excessive punishment. Abortion of negligence is not punishable in criminal law, and there is little possibility of the fetus injury without the injury of the pregnant woman. And the Contergan Case, if it happened again, must be dealt with as crime about environment or public health more severely. These new approaches are in conflict with the principle of "nulla poena sine lege" and other fundamental rules of the criminal law, and should lead to the excessive punishment and criminal provisions. Accordingly, the decision of Supreme Court of Korea about the beginning point of human being should be maintained.

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Effect of Drug Use during Pregnancy (약물이 임신에 미치는 영향)

  • Park, Yong Kyun
    • Korean Journal of Biological Psychiatry
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    • v.3 no.2
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    • pp.139-148
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    • 1996
  • In recent year, problems caused by the abuse of drugs hove been analyzed in many cases, especially women's pregnancy. The purchasing of drugs without prescription, the misunderstanding of symptoms of pregnancy(such os vomiting, headache) os other ilnnesses, taking medicine during the pregnancy because of a chronic disease has caused many unfortunate cases Apart from these cases, pregnant women may take several medicines such as anodyne, tranquilizers, hypnotics, and diuretics which also cause critical situations. According to Piper and his colleagues 1987 study, in overage, pregnant women in the United Slates intake 3.1 kinds of additional dregs other than prenatal vitamins and mineral supplements. In those cases, both pregnant women and physicians anticipate inborn deformity. Most drugs which have whole body effects get to the unborn child via the placenta, however, many of these drugs do not have adverse effects(Shepard 1986, 1989). In general, drugs present a stronger effect to unborn children than they do to pregnant women due to the baby's excretion and to the drug metabolism that occurs in the mother's body through the placenta. The effects of dregs on unborn children show different results. depending upon the type of drug, dosage, characteristics. gestational weeks, genetic characteristics of the mother an baby, and many other environmental factors.

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The Effects of Parenting Environment During Pregnancy in Relation to the Child's Later Behavioral, and Emotional Characteristics

  • Sohn, Byoung-Duk;Hwang, Hye-Won
    • International Journal of Human Ecology
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    • v.7 no.1
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    • pp.121-129
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    • 2006
  • This study investigates the impact of the shared environment of pregnant women and their unborn child on the later emotional and behavioral characteristics of a child, extending into his or her adulthood. Using a sample of some 16,000 children from the National Child Development Study, the study demonstrated a positive relationship between the quality of the maternal environment and later emotional and behavioral performances during childhood and adulthood. These findings support the study hypothesis, suggesting that parenting environment such as mother‘s employment, husband’s social class and the mother‘s smoking habits during pregnancy has an affection on the later emotional and behavioral development of the child. The dimensions of the child’s emotional and behavioral well-being may be enhanced by therapeutic interventions and/or by helping pregnant women to develop a positive social network.

Critical Discussion on Smoking During Pregnancy as a Form of Fetal Abuse: An Approach to Advocate for Fetal Right to Life (임신 중 흡연에 의한 태아학대: 태아생존권 옹호를 위한 접근)

  • Kim, Youngmee;Cho, Kap-Chul
    • Child Health Nursing Research
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    • v.22 no.4
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    • pp.317-325
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    • 2016
  • Purpose: Smoking during pregnancy contributes to the risk of negative health outcomes in mothers and babies. The purposes of this study were to review the harmful effects of maternal smoking during pregnancy on fetal and child development, to discuss if maternal smoking should be criminalized as a form of child abuse, and to explore advocating for fetal rights. Methods: A variety of published literature and legal documents including the Korean constitution, criminal laws, and children's welfare laws were reviewed and critically analyzed. Results: Women who smoke during pregnancy are more likely to experience abortion related to placental dysfunction. Their unborn risk premature birth, fetal growth restriction, low birth weight, neurobehavioral disturbances, and/or other complications and newborn babies are also at risk for complications. The advocates for fetal rights can assert that maternal smoking should be regarded as a crime. Conclusion: Findings show that maternal smoking during pregnancy is a major risk factor for many adverse pregnancy outcomes. Effective strategies and health policies for smoking cessation during pregnancy are required to protect pregnant women and their babies.

Review of 2017 Major Medical Decisions (2017년 주요 의료판결 분석)

  • Lee, Jung Sun;Lee, Dong Pil;Yoo, Hyun Jung;Jeong, Hye Seung;Park, Tae Shin
    • The Korean Society of Law and Medicine
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    • v.19 no.1
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    • pp.207-254
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    • 2018
  • The major court rulings delivered in 2017 include the ruling that separated the legal character of denture production agreement signed together with medical care agreement and found a subcontracting dimension in the former, and the ruling that overcame the limitations of the theory of entire appearance of a fetus as discussed in civil law by using the legal principle of insurance which suggests that unborn child insurance takes effect after the contract is signed and the first installment of the premium is paid in. As more court rulings find the medical specialists responsible for accidents and injuries from drugs, some argue that medication counseling by the druggist who makes and dispenses drugs should be upgraded. And with respect to a court ruling that denied the hospital's responsibility for an infection-involving accident even if there were no records on specific measures taken in infection management, some criticized the court for being too conservative in recognizing responsibilities. And with respect to infectious disease management, some criticized the court for its interpretation and application of the facts in the direction of denying the negligence. In addition, some claimed that it is necessary to establish institutional system for hospital infection control and its aid for victims, and to improve the system including the reversal of the burden of proof given the special nature of hospital infections. A number of rulings on the duty to disclose included the one which stated that the specific matter did not require a doctor's explanation as it was explained or the specific medical service would have been performed even if no explanation had been given. There was a greatly controversial ruling over the scope of indemnification, which accepted the occurrence of multiple scars and deformation as disorders while regarding breast as a thoracic organ. And a Supreme Court ruling over interpreting Medical Service Act was criticized as overstepping the boundary allowed in the law.

A Study on the Dyeing of Ramie Fabric Treated with Medicinal Plant III. The Natural Dyeing on Ramie Fabric Using Perilla frutescens Herba

  • Seo, Young-Nam
    • Plant Resources
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    • v.5 no.3
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    • pp.202-205
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    • 2002
  • This study was performed to investigate the effect of Perilla frutescens Herba extract on the treatment of chromaticity and colorfastness. Perilla frutescens Herba has been used as a Korean medicine. It is effective in removing dangerous for an unborn child and suppressing pain. It is also good as a detoxification and in treating cold. In the long history of Korea, dyeing has been applied for a means representing the grace of natural and inner esthetic consciousness of man. Vegetable dyes give us such great benefits, diversified color, but no pollution. And ramie fabric has distinctive features such as beautiful brilliance, elegance, and strong durability. So, it is regarded as a special product of Korea traditionally. These studies were carried out to treat with acetate iron, dichloride copper and alum with a mordant to ramie fabric. The ramie fabric was died with Perilla frutescens Herba extract. The results of experiment showed as follows: First, the chromophoric degree was the highest in acetate iron but not distinction in another mordants. Second, the light colorfastness was the highest in non treated and dichloride copper, but alum was the lowest. Third, the discoloration was alum and dichloride copper showed first grade in washing colorfastness. Abrasion colorfastness was not significant in this test. According the previous results, Perilla frutescens Herba has an efficiency in removing skin disorders and suppressing pain. So it considered that Perilla frutescens Herba can be applied effectively to theraphy of detoxification and in treating cold.

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Smoking and Health Control (흡연과 건강관리)

  • 박선섭
    • Korean Journal of Health Education and Promotion
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    • v.6 no.2
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    • pp.66-75
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    • 1989
  • About smoking and health control by theorize of common with various records investigation prevent an injury from smoking Further, should be contribute for the national health improvement for application of guide to health education. The results of investigation are as follows; 1) Tobacco be transmitted the first year of KwangHea's(reign) from GeeRu(the year of GeeRu), before sixth year of KwangHea's GapIn. 2) By reason of smoking an extreme poison ingerdients is Nicotine, Co, Tar etc three kinds. 3) The number of chemicalcompound in the tobacco smoking. Nicotine play an important part of it makes continue to smoking act. 4) Co, Not only injury vascular in the cell wall but also influence in ardiac muscular tissue. 5) Tar, is play an important part tl determine taste of tobacco or fragrace(a sweet smell). 6) Be demaged in the body with harmful objects of tobacco is first lung cancer, next heart disease, and chronic lung disease etc. 7) Passive smoke(indirect smoke)is first smoker's when have smoking and blow smoke from cigarette take smoking. On second when take smoking as it is burning cagar to end. 8) Female smoker are no good and bring many trouble to the mother's body and fetal body(an unborn child). 9) Nicotine also, like drug and alcohol break out reliance, introspection, poisonous or obstinence syndrome 10) A counterplan about smoke should be settlement with propriety control of smoking and an antismoking(non-smoker).

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Knowledge, Attitude and Factors for Smoking Behavior in High School Students (고등학생들의 흡연지식, 흡연태도 및 흡연관련 특성)

  • Hwang, Byung-Deog
    • Korean Journal of Health Education and Promotion
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    • v.24 no.2
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    • pp.45-61
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    • 2007
  • Objectives: This study was to get database of health service for smoking preventing through investigating the smoking status of students and the knowledge, attitude on smoking. Methods: The subjects were consisted of 463 students who were currently enrolled in 1, 2 and 3 grade of 6 high schools located in Ulsan-city. The instruments for this study were smoking knowledge and smoking attitude questionnaire(each 20 items) developed by WHO. Results: Among the students 25.8% answered they had the experience of smoking. The experience of smoking related to general characteristics were showed significantly different according to opposite sex friends. Student's knowledge level about smoking prevention is high score to mean get obtain 0.65 out of 1. Smoking prevention knowledge level related to highest score(0.82) were have affect on pregnancy and an unborn child. Smoking prevention knowledge level related to low score(0.19) were get rid of stress. Therefore smoking prevention knowledge high level is non smoker rather than smoker. Student's attitude level about smoking prevention is high score to mean get obtain 2.0 out of 3. Smoking prevention attitude level related to highest score(2.5) were no smoking allowed public area and put a stop smoking to friends. Therefore smoking prevention attitude high level is non smoker rather than smoker. Conclusion: It follows from this study that education for smoking prevention should be continued from lower grade student and sustaining teaching for refusal skill against smoking is needed.