• Title/Summary/Keyword: withholding

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A Study on the Method of Legislation on Withholding or Withdrawing of LST -In relation to the introduction of adult guardianship- (연명치료 중단의 입법화 방안에 관한 연구 - 성년후견제도의 도입과 관련하여 -)

  • Lee, Eun-Young
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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    • pp.203-249
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    • 2009
  • It is the so-called Shinchon Severance Hospital Case brought to an end by the decision of the Supreme Court that opened the real discourse of withholding or withdrawing of LST (Life-Sustaining Treatment) in the legal profession as well as medical profession in Korea. Everyone has sympathy with the validity and necessity of legal regulation on withdrawing-including withholding-of LST save the requirements & procedure of withdrawing of LST. In this situation, the legislative bill of amendment to the Korean Civil Law introducing of adult guardianship was pre-announced by the Ministry of Justice on September 18th 2009. The adult guardianship is a guardianship system that supports an mentally handicapped adult to deal with his affairs by support of a guardian. The object of adult guardianship includes affairs of body or well-being as well as property of adult wards. In particular, affairs of medical matters are of importance in the duty and authority of adult guardians. So, the introduction of adult guardianship is of much importance de lege lata as well as de lege ferena in the discussion of withdrawing of LST as a medical treatment. Since the legislation on withdrawing of LST intents to protect the right of death with dignity on the basis of patients' autonomy, the ratio legis of withdrawing of LST is variant from that of adult guardianship. In this context, it seems reasonable to legislate the withdrawing of LST separately from the adultguardianship. In the meantime, the adult guardianship of the legislative bill of amendment to the Korean Civil Law is related to the withdrawing of LST, since the main purpose of adult guardianship is to protect patients' quality of lives and to regulate guardianship contracts based on patients' autonomy. In that context, it seems reasonable to incorporate the legislation of withdrawing of LST into the adult guardianship system. In the latter case, it is not easy to adopt the withdrawing of LST into the legislative bill of the Korean Civil Law for the bill is pre-announced already as previously stated. However, the legislation of withdrawing of LST is not inferior to the legislation of adult guardianship as a matter of urgency. Moreover, it is likely that the legislative bill of Amendment to the Korean Civil Law generates discrepancies in interpretation of the requirements & procedure of withdrawing of LST as the amended German Civil Law did. In short, it is desirable for the legislator to revise the legislative bill despite delay.

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Attitude of Korean Lawyers toward Withdrawal of Life Sustaining Treatment (한국 변호사들의 연명치료중단에 대한 태도)

  • Lee, Gyeong-Nam;Kim, Boon-Han;Lee, Hun-Hee
    • Journal of Hospice and Palliative Care
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    • v.13 no.2
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    • pp.81-88
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    • 2010
  • Purpose: This study was conducted to study the attitude of Korean lawyers toward withdrawal of life sustaining treatment, and compare and analyze different types of their attitudes. Methods: Research design of this project was Q methodology approach. The study population was 24 lawyers, aged from 32 to 69 years. Q sample to investigate the attitude of the lawyers toward withdrawal of life sustaining treatment included 34 statements obtained from literatures, TV debate, and depth interviews of 5 lawyers among the lawyers included. After listening to the purpose and method of the study, the 24 lawyers agreed to fill out a survey asking sociodemographic information, and the information was distributed in 9 scale Q-sample. Results: The collected data were processed through QUANL PC program and sorted into 5 types as follows: The first type was 'Choosing to withdraw life sustaining treatment', the second 'Withholding life sustaining treatment' regardless of the cost, the third is neutral type that claims that humans have the right to decide the death and life, and demands the proper legalization to protect such rights, the fourth type agrees to withdrawal of life sustaining treatment, nevertheless, admits that one has a rigt to withhold one's own life treatment, categorized as self contradiction type. The fifth type believed that 'Life and death are providential' with the faith, therefore, such authority to decide life and death belongs to God, but not human beings. Conclusion: In conclusion, the lawyer's attitudes toward withdrawal of life sustaining treatment were grouped into five different types as follows: 'Choosing to withdraw life sustaining treatment', 'Withholding life sustaining treatment', 'Demanding legalization', 'Self contradiction type', and 'Life and death are providential'.

Consumer Complaints and Settlements on Credit Cards (신용카드 상담사례를 통해 본 소비자문제의 유형과 개선 방안)

  • 김경자
    • Journal of Families and Better Life
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    • v.19 no.1
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    • pp.77-93
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    • 2001
  • This paper examines consumer problems and issues of credit card use. The cases of credit card problems were from a civil consumer organization called Green Consumers Network in Korea. This paper focused on over five concerns, including credit card issuing, lost or stolen card settlements, vendor fee charging to customer, withholding payment in case of unsatisfactory purchases, and abusive debt collecting practices. Some solutions for the consumer problems were suggested.

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The Medico-Legal and Ethical Problems of Withholding / Withdrawing of Futile Life-Sustaining Mechanical Respirator treatment (연명(延命)치료적 인공기계호흡요법의 보류(保留)/중지(中止)를 전후한, 법의학적 및 윤리적 문제들과 그 대처방안)

  • KIM, Keun-Youl
    • Tuberculosis and Respiratory Diseases
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    • v.58 no.3
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    • pp.213-229
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    • 2005
  • The first and the longest criminal indictment case of Korean medico-legal battle, so called BORAMAE Hospital Incident, was finally on its end by Korean Supreme Court's decision on June 24, 2004, after 7 years long legal dispute via Seoul District Court and Seoul Superior Appeal Court's decision. Boramae Hospital case was the first Korean legal case of Withdrawing Life-sustaining treatment of mechanical respirator on 58 years old Extradural Hematoma victim who was on Respirator under Coma after multi-organ failure postoperatively(APACHE II score: 34-39). Two physicians who have involved patient's care and had helped to make discharge the Near-death patient to home after repeated demand of patient's wife, due to economic reason, were sentenced as homicidal crime. This review article will discuss the following items with the review of US cases, Quinlan(1976), Nancy Cruzan(1990), Barber (1983), Helen Wanglie(1990), Baby K (1994) and Baby L cases, along with Official Statement of ATS and other Academic dignitaries of US and World.: [1] Details of Boramae Hospital incident, medical facts description and legal language of homicidal crime sentence. [2] The medical dispute about the legal misinterpretation of patient's clinical status, regarding the severity of the victim with multi-organs failure on Respirator under coma with least chance of recovery, less than 10% probability. [3] Case study of US, of similar situation. [4] Introduction of ATS official Statement on Withdrawing/ Withholding Life sustaining treatment. [5] Patient Autonomy as basic principle. [6] The procedural formality in Medical practise for keeping the legitimacy. [7] The definition of Medical Futility and its dispute. [8] Dying in Dignity and PAS(Physician Assisted Suicide)/and/or Euthanasia [9] The Korean version of "Dying in Dignity", based on the Supreme Court's decision of Boramae Hospital incident (2004.6.24.) [10] Summary and Author's Note for future prospects.

Pricing Policy of Music Service in Digital Music Market-focused on the Regulations for the Digital Music Service (디지털 음악시장에서 음원사용료 징수 개정안의 고찰-2013년 징수개정안을 중심으로)

  • Jung, Ji-Young
    • Journal of Digital Convergence
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    • v.13 no.4
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    • pp.341-348
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    • 2015
  • As a result of growth of digital music market in Korea, Creator's rights and interests have been at the heart of the debate in terms of legal system. In the music industry, digital music revenue has now overtaken records sales and compared to download service it is now clear that music streaming and subscription is mainstream model in the rise of the worldwide market of digital music. This trend is also indentical to the domestic and withholding regulations for music service and creator's rights and interests have become an ever growing issue. Ministry of Culture, Sports ad Tourism decided the revision of withholding regulations for the digital music service in 2013. The amendment is to change its policy of charging music service from the flat rate pricing to a usage-based system. This paper brought forward some disputable points such as fair division of profit, reasonable pricing for consumers etc. about the revision. Therefore, improvement of system and change in the perception of such copyrights are still required for both the encouragement of creator's activities and the high consumer satisfaction.

Oral Nutrition During Continuous Albuterol for Pediatric Critical Asthma: A Matched Cohort Study

  • Maya Antionette Root;Carolyn Maria Ibrahim Pavlich;Anthony Alexander Sochet;Alexa Rae Roberts;Brett Walter Russi
    • Pediatric Gastroenterology, Hepatology & Nutrition
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    • v.27 no.6
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    • pp.364-371
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    • 2024
  • Purpose: The practice of withholding oral nutrition for children hospitalized for critical asthma receiving continuous albuterol is not evidence based. We sought to characterize oral nutrition practices in this population and estimate the frequency of aspiration-related respiratory failure. Methods: We performed a single-center retrospective, matched cohort study of children 3-17 years of age admitted to a pediatric intensive care unit from Oct 2020 to May 2023 for critical asthma receiving continuous albuterol. Cases provided oral nutrition were matched 1:2 to controls withheld nutrition by age and National Heart Lung and Blood Institute asthma severity classification. The primary outcome was aspiration-related respiratory failure defined as any respiratory support escalation following observed aspiration. Descriptive data included demographics, anthropometrics, pediatric asthma severity scores, adjunct asthma interventions, continuous albuterol duration, mortality, and length of stay. Results: Of 36 cases and 72 matched controls, the mean age was 9.1±3.9 years and 66.7% had moderate-severe persistent asthma. Cases and controls had comparable anthropometrics and admission pediatric asthma severity scores. No aspiration-related respiratory failure events were observed even among those receiving nutrition concurrent to noninvasive ventilation. Compared to controls, cases experienced a longer continuous albuterol duration (median: 1.1 [interquartile range: 0.7-1.8] versus 0.7 [interquartile range: 0.3-1.3] days, p<0.001). No differences in length of stay, adjunct interventions, endotracheal intubation rates, and mortality were observed between cases and controls. Conclusion: For children hospitalized for critical asthma, oral nutrition during continuous nebulized albuterol appeared well tolerated. While prospective validation is required, the practice of withholding oral nutrition for continuous albuterol administration may be unwarranted.

Life-Sustaining Treatment Choices and Related Factors Involving Hospital Nurses (간호사 자신과 간호사 가족의 연명의료 결정과 관련요인)

  • Choi, Yoo Nam;Song, Yeoungsuk
    • Journal of Korean Public Health Nursing
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    • v.32 no.2
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    • pp.167-180
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    • 2018
  • Purpose: The aim of this study was to identify the life-sustaining treatment choices and related factors among general hospital nurses. Data were collected from June 16 to June 29, 2015. The participants were 244 nurses from five general hospitals in D city. Methods: The data were analyzed using the SPSS 18.0 program, descriptive statistics, paired t-test and one-way ANOVA. Results: Significant differences were observed in the level of life-sustaining treatment choices for nurses to themselves and to their families except for pain control. More nurses declined life-sustaining treatment choices, but suggested their families receive it. The related factors of special life-sustaining treatment choices for nurses themselves and their families according to their general characteristics were age, marital status, education and religion. Conclusion: This study suggests that the related factors need to be considered in the education of nurses' or public health providers' Life-sustaining treatment choices.

The Effect of Diameter and Prehole Clearance for Wooden Dowel on the Withdrawal Loads of Domestic Particleboard (국내산 파티클보드에 대한 나무못의 직경과 천공여척이 나무못 유지력에 미치는 영향)

  • Kim, Birm-June;Cha, JaeKyung
    • Journal of the Korea Furniture Society
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    • v.28 no.1
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    • pp.53-59
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    • 2017
  • Wooden dowels are commonly used to join the particleboard members together in many types of structures, But little information is available concerning their holding properties in domestic particleboard. This study was performed to determine the withdrawal loads and strengths on the effect of diameter of dowel and hole clearance. The test block was manufactured from 15 mm thick domestic particleboard. The dowel was manufactured 6, 8 and 10 mm diameters from korean castanea, korean pine and tuliptree. Research reported here indicates that withdrawal loads increase, but withdrawal strengths decrease, as the dowel diameter increases. This study also indicates that dowel withholding load and strength for particleboard less decrease than those for domestic wood as a hole clearance decreases.

Chiari Malformation (키아리기형)

  • Han, Jeong-Hoon
    • The Journal of the Korean life insurance medical association
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    • v.27 no.1
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    • pp.37-38
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    • 2008
  • The concept of Chiari malformations emerged toward the end of $19^{th}$ century from Chiari's initial descriptions of "alterations in the cerebellum resulting from cerebral hydrocephalus." In 1891, Hans Chiari(1851-1916) suggested cerebellar ectopia in which he classified Type I as "elongation of the tonsils and medial parts of the inferior lobes of the cerebellum into cone-shaped projections, which accompany the medulla oblongata into the spinal canal. The incidence of Chiari malformation has been found to be between 0.56% and 0.77% on MR imaging studies, as well as 0.62% in brain dissection studies. the definition of the adult Chiari malformation has varied with the evolution of neurodiagnositic capabilities and knowledge of physiopathology. This disorder can be associated with significant symptomatology, risk of secondary injury due to trauma, and the risk of progression and damage of the spinal cord due to associated Syringomyelia. Syringomyelia is found in 50 to 70% of Chiari I malformation. It is the clinical judgment of the physicians evaluating this disorder that is of the importance to avoid the therapeutic extremes of pursuing unnecessary surgery or withholding necessary treatment from patients.

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Deciding not to Operate in Head Injuries and Legal Considerations

  • Choi, Il;Lee, Kyeong-Seok;Shim, Jai-Joon;Choi, Weon-Rim
    • Journal of Korean Neurosurgical Society
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    • v.42 no.2
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    • pp.135-140
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    • 2007
  • It is not the best way to treat a hopeless patient with life-sustaining medical devices until the heart beats stop. Advanced medical technology may prolong the life for a significant period without recovery from the disease. However, it would give an unbearable economic burden to the family and the society. In 2006, we decided not to operate 9 patients with traumatic intracranial hematomas. We examined those patients with special references to possible legal and ethical problems. It is reasonable to withhold a treatment after documentation that the family never wants any life sustaining treatment when the treatment does not guarantee the meaningful life.