• The Korean Society of Law and Medicine
• /
• v.22 no.4
• /
• pp.37-55
• /
• 2021

On March 19, 2021, the Korean Bioethics Association and related academic circles published a joint statement criticizing the partial revision of Infectious Disease Control And Prevention Act. However, according to the Bioethics And Safety Act of Korea, research conducted by the state or local governments for public welfare is excluded from human subjects research project. In addition, since the Korean legal system is not based on the dichotomy between research and surveillance, the discussion of the US Common Rule cannot be directly applied to Korea. For the harmonious operation of the state's duty to manage infectious diseases and the Institutional Review Boards, institutional alternatives should be prepared in consideration of the following issues. First, the related academic community should first pay attention to the problems of the current laws in Korea. Second, it should be understood that the state is carrying out many tasks without the consent of the parties in order to fulfill its duty to manage infectious diseases. Third, when presenting institutional alternatives, it is necessary to consider the feasibility of implementation in Korea. An in-depth discussion of the institutional alternatives by the Medical Law Society and other related academic circles is necessary.

• Journal of dental hygiene science
• /
• v.5 no.4
• /
• pp.251-258
• /
• 2005

The objective of this research was to analyze curriculum of dental hygiene education program for B.S degree in US and compare with Korea and Japan. The curriculum was classified six domain based on job classification and National Board Examination in Korea. Oral biology content included oral anatomy,dental anatomy,oral histology,oral pathology. Oral physiology was excluded. Clinical dentistry content included only oral radiology, periodontics, dental material,pain control. Most program integrated clinical dental hygiene courses. Most program provided dental practice management content and dental hygiene research courses. Diverse program such as A.S degree,B.S degree,degree completion,distance education programs enabled students to develop their career effectively.

• The Korean Society of Law and Medicine
• /
• v.21 no.2
• /
• pp.105-162
• /
• 2020

In the pandemic of infectious disease, restrictions of individual liberty have been justified in the name of public health and public interest. In March 2020, the National Assembly of the Republic of Korea passed the revised bill of the 「Infectious Disease Control and Prevention Act.」 The revised bill newly established the legal basis for forced testing and disclosure of the information of confirmed cases, and also raised the penalties for violation of self-isolation and treatment refusal. This paper examines whether and how these individual liberty limiting clauses be justified, and if so on what ethical and philosophical grounds. The authors propose the theories of the philosophy of law related to the justifiability of liberty-limiting measures by the state and conceptualized the dual-aspect of applying the liberty-limiting principle to the infected patient. In COVID-19 pandemic crisis, the infected person became the 'Patient as Victim and Vector (PVV)' that posits itself on the overlapping area of 'harm to self' and 'harm to others.' In order to apply the liberty-limiting principle proposed by Joel Feinberg to a pandemic with uncertainties, it is necessary to extend the harm principle from 'harm' to 'risk'. Under the crisis with many uncertainties like COVID-19 pandemic, this shift from 'harm' to 'risk' justifies the state's preemptive limitation on individual liberty based on the precautionary principle. This, at the same time, raises concerns of overcriminalization, i.e., too much limitation of individual liberty without sufficient grounds. In this article, we aim to propose principles regarding how to balance between the precautionary principle for preemptive restrictions of liberty and the concerns of overcriminalization. Public health crisis such as the COVID-19 pandemic requires a population approach where the 'population' rather than an 'individual' works as a unit of analysis. We propose the second expansion of the harm principle to be applied to 'population' in order to deal with the public interest and public health. The new concept 'risk to population,' derived from the two arguments stated above, should be introduced to explain the public health crisis like COVID-19 pandemic. We theorize 'the extended harm principle' to include the 'risk to population' as a third liberty-limiting principle following 'harm to others' and 'harm to self.' Lastly, we examine whether the restriction of liberty of the revised 「Infectious Disease Control and Prevention Act」 can be justified under the extended harm principle. First, we conclude that forced isolation of the infected patient could be justified in a pandemic situation by satisfying the 'risk to the population.' Secondly, the forced examination of COVID-19 does not violate the extended harm principle either, based on the high infectivity of asymptomatic infected people to others. Thirdly, however, the provision of forced treatment can not be justified, not only under the traditional harm principle but also under the extended harm principle. Therefore it is necessary to include additional clauses in the provision in order to justify the punishment of treatment refusal even in a pandemic.

• Journal of Preventive Medicine and Public Health
• /
• v.41 no.5
• /
• pp.339-344
• /
• 2008

Objectives : The objective of this paper is to discuss the importance of obtaining informed consent for conducting epidemiological studies and public health activities, based on the Report of the UNESCO's Working Group on Informed Consent. Methods : The Report of the UNESCO's Working Group on Informed Consent was reviewed and discussed in connection with the ethical considerations of public health activities and epidemiological research. Results : It was at the Nuremberg Trial for the German war criminals of the Second World War that the principle of 'consent' was first stated as a consequence of the medical abuses carried out during the War. As a result of the Trial, the Nuremberg Code came out in 1947. Since then, various international declarations or ethical principles on 'informed consent' have been developed and published. These ethical principles on 'informed consent' have mostly to do with the clinical research that involves human subjects, and not with epidemiological studies and public health activities. However, UNESCO recently issued a comprehensive Report on Informed Consent based on the Universal Declaration on Bioethics and Human Rights adopted in 2005, and this included detailed guidelines on informed consent in epidemiological studies and public health activities. Conclusions : Universal Declaration on Bioethics and Human Rights emphasizes the principle of autonomy to protect the human rights of the human subjects involved in any public health activities and epidemiological research. As a practical guideline, obtaining informed consent is strongly recommended.

• Journal of Korea Technology Innovation Society
• /
• v.20 no.4
• /
• pp.1036-1056
• /
• 2017

The rapid increase of ageing population and chronic disease patients cause high medical expenses, and it led an increased attention to digital healthcare. Smart car technologies for healthcare have been developing to recognize drivers' status and predict diverse driving environments. The present study aimed to understand the research trends of autonomous vehicle technologies of Korea and the United States through time series analysis, network analysis, visualization, and comparison between the two countries. The results suggest that cooperative study needs to be done in common research areas such as driver's safety and algorithms. It is also needed to conduct studies and benchmark about liking technique related to part-to-part and vehicle-to-vehicle as America's competitive advantaged area. In the US, diverse approaches of autonomous vehicle technologies have used to consider the characteristics of various age groups and passengers' health status through sensor, while in Korea, only one aspect, older drivers, is mentioned. Implications for the development direction of autonomous vehicle technologies with competitiveness in considering public health, ethics, and driver's safety and convenience are discussed in detail.

• Proceedings of the Korean Society of Tobacco Science Conference
• /
• 2001.05a
• /
• pp.44-54
• /
• 2001

담배는 오랜 과거부터 규제의 주요 대상이 되어 왔다. 1950년대 이전까지만 해도 담배관련 규제는 담배의 생산 및 제조활동과 함께 윤리 또는 규범적 차원에서 주로 이루어져 왔으나, 1950년대 초 이후부터 흡연의 건강 위해성에 관한 연구가 본격화되고 건강에 대한 공중의 관심이 확산되면서 담배와 흡연에 대한 사회적·법적 규제가 크게 강화되어 왔다고 할 수 있다. 담배산업이 그 동안 지속적인 성장을 하는 가운데에서도 담배와 흡연에 대해 강도 높은 규제가 가해져 온 이유는 담배가 성인들의 기호품으로써 보편화 된데 반해 건강 위해적 요소들을 내재하고 있고, 담배의 높은 수익가치로 인해 담배의 생산 및 판매가 정부의 재정사업으로 관할됨에 따라 정보에 의한 강력한 통제가 불가피했기 때문이라 할 수 있다. 세계 각 국에서 적용되고 있는 담배에 대한 일반적인 규제유형으로는 크게 흡연(smoking) 규제와 판매 및 촉진활동(sales & promotion) 규제, 경고문 부착(labeling)에 관한 규제, 그리고 진입 및 무역(entry & trade) 규제 등으로 구분될 수 있다. 한국의 경우는 전통적으로 흡연에 대해 매우 관대한 태도가 유지되어 왔으나, 95년도 중반 이후 국민건강 증진법 등의 규제법률이 제정·시행되면서 제도적·정책적 규제가 크게 강화되어 현재는 세계 최상위 수준을 유지하고 있다고 할 수 있다. 이러한 가운데 99년 5월 이후, 담배에 대한 표준화된 규제지침의 설정과 강화를 통해 궁극적으로 세상에서 담배를 근절시키고자 하는 목적 하에서 세계보건기구(WHO)의 주 역점사업으로서 추진되고 있는 담배규제협약(FCTC)은 담배에 대한 규제가 초국가적 차원으로 발전되는 계기를 제공하고 있다. 향후, 담배규제협약안의 세부사안들에 대한 합의과정에서 각 국별로 상당한 이견과 반발이 예상되고 있지만, 협약안의 전체 회원국 투표에서 승인될 경우 각 국가들뿐만 아니라 담배산업과 담배기업들에게 미치는 파급효과가 매우 클 것으로 예상된다. 대부분의 국제협약들이 그러하듯이, 담배규제협약도 그 적용 범위와 수준이 어느 정도로 결정되는지에 따라 각 국가와 기업별 이해관계가 크게 달라지게 되기 때문에 신중한 대응전략이 요구된다고 하겠다.

• The Korean Society of Law and Medicine
• /
• v.23 no.4
• /
• pp.29-74
• /
• 2022

As social disasters occur under the Disaster Management Act, which can damage the people's "life, body, and property" due to the rapid spread and spread of unexpected COVID-19 infectious diseases in 2020, information collected through inspection and reporting of infectious disease pathogens (Article 11), epidemiological investigation (Article 18), epidemiological investigation for vaccination (Article 29), artificial technology, and prevention policy Decision), (3) It was used as an important basis for decision-making in the context of an infectious disease crisis, such as promoting vaccination and understanding the current status of damage. In addition, medical policy decisions using infectious disease data contribute to quarantine policy decisions, information provision, drug development, and research technology development, and interest in the legal scope and limitations of using infectious disease data has increased worldwide. The use of infectious disease data can be classified for the purpose of spreading and blocking infectious diseases, prevention, management, and treatment of infectious diseases, and the use of information will be more widely made in the context of an infectious disease crisis. In particular, as the serious stage of the Disaster Management Act continues, the processing of personal identification information and sensitive information becomes an important issue. Information on "medical records, vaccination drugs, vaccination, underlying diseases, health rankings, long-term care recognition grades, pregnancy, etc." needs to be interpreted. In the case of "prevention, management, and treatment of infectious diseases", it is difficult to clearly define the concept of medical practicesThe types of actions are judged based on "legislative purposes, academic principles, expertise, and social norms," but the balance of legal interests should be based on the need for data use in quarantine policies and urgent judgment in public health crises. Specifically, the speed and degree of transmission of infectious diseases in a crisis, whether the purpose can be achieved without processing sensitive information, whether it unfairly violates the interests of third parties or information subjects, and the effectiveness of introducing quarantine policies through processing sensitive information can be used as major evaluation factors. On the other hand, the collection, provision, and use of infectious disease data for research purposes will be used through pseudonym processing under the Personal Information Protection Act, consent under the Bioethics Act and deliberation by the Institutional Bioethics Committee, and data provision deliberation committee. Therefore, the use of research purposes is recognized as long as procedural validity is secured as it is reviewed by the pseudonym processing and data review committee, the consent of the information subject, and the institutional bioethics review committee. However, the burden on research managers should be reduced by clarifying the pseudonymization or anonymization procedures, the introduction or consent procedures of the comprehensive consent system and the opt-out system should be clearly prepared, and the procedure for re-identifying or securing security that may arise from technological development should be clearly defined.