• Title/Summary/Keyword: 권리와 의무

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The Role of Women in Health Care in Korea (한국 보건의료에 있어서 여성의 역할)

  • Kim Susie
    • The Korean Nurse
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    • v.23 no.3 s.126
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    • pp.44-50
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    • 1984
  • 한국여성은 전통적으로 대가족제도 속에서 육아 및 가사활동에만 종사해왔다. 그러나 산업화 및 사회구조의 변화로 여성들도 교육의 기회를 갖게 되었으며 전통적인 역할 수행에 대한 가치변화와 함께 여성의 사회적 역할을 필요로 하게 되었다. 반면에 가족 형태가 핵가족화 함으로서 가족 내에서의 자녀양육을 비롯한 가정적 역할이 더욱 중요시 되게 되었다. 오늘날 한국사회는 여성에게 현재의 사회구조와 핵가족 속에서는 시간적으로 동시에 수행할 수 없는 두 가지 상반된 역할을 강조하고 있는 것이다. 이러한 상반된 역할사이에서는 여성은 갈등과 좌절감을 느끼게 되며 이중적인 부담 속에서 생활하게 되었다. 본 원고에서는 전통적인 한국의 가족가치관을 살펴보고 건강관리 측면에서 여성의 역할을 살펴보고 건강관리 측면에서 여성의 역할을 살펴보고자 한다. 전통적 가족가치관과 여성-우리나라의 전통적 가족은 부계 중심의 혈연 계승을 중요시하는 가부장적 대가족제도라 할 수 있다. 따라서 부계 계승을 통한 가족의 영속성과 가 중심사상에 기반을 둔 철저한 가족주의적 가치관이 전통적 사회를 지배하여 왔다. 그러므로 자연히 개인보다 가족집단이 우의적인 지위에 있을 뿐만 아니라 모든 행동의 결정에도 중요한 준거 집단이 되었다. 이러한 가의 영속 및 번영을 가장 효과적으로 수행하기 위해서는 많은 자녀를 필요로 했으며 부계중심 가족에서 자연히 남아 선호사상이 강할 수밖에 없었으며 이것은 조상에 대한 의무요 책임이라 생각했다. 이러한 가부장권의 확대에 반비례해서 가정 내에서 여성의 지위와 역할은 축소되어갔다. 여성들의 절대적인 예속을 필요로 하여 삼종지도니 칠거지악이니 불경이부등의 도덕률을 만들었으며 여성들 스스로가 이러한 정절과 복종을 미덕으로 생각하도록 교육받음으로서 여성들 자신이 자기희생의 굴레 속에서 인내와 복종의 생활을 운명처럼 받아들이게 되었으며 남편과 자식을 위해서는 목숨까지도 희생하게끔 철저히 사회화되었던 것이다. 그러나 가족 제도 안에서의 남녀의 지위는 동위 항렬 내에서만 해당되고 항렬을 달리할 때는 삼종지도의 이론에 부합된다. 어머니로서의 존장련이 인정되어서 가정 내에서의 여성의 종속적인 지위에 비하여 모의 권한은 절대적이었다. 상례와 제례에서 어머니와 아버지에 대한 의식에는 차이가 없으며 내외 명부제도에 의해서 부인도 남편과 똑같은 대우를 받도록 되어있다. 이러한 존장련에 의한 모의 권리와 더불어 부부유별에 의해서 가사권의 독자적인 결정권도 인정되고 있었다. 건강관리 측면에서 여성의 역할- 전통적으로 건강관리에 관련된 한국여성의 역할은 1. 씨받이로서의 역할로 생명을 잉태하도록 돕고 건강한 아이의 수태를 위해 태교에 힘썼으며 2. 자녀의 의식주를 해결하는 가사 역할만을 담당하는 전통적인 여성의 역할만을 수행하였으며 출산한 생명을 건강하게 자라도록 건강관리를 철저히 하였으나 체계적인 건강관리는 되지 못하였으며 특히 식생활에 유의하였으나 정서, 사회면은 도외시 한 과잉보호현상이었다. 3. 결혼 후에는 남편의 건강관리를 위해 철저하였으며 특히 식생활에 유의하였고 정서적으로 부담을 주지 않도록 유념하였다. 4. 또한, 임종시 평안한 죽음을 맞도록 도왔다. 전통적으로 한국여성의 역할은 돕는 역할이었다.

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Exploring Elementary Students' Positioning in a Context of Socio-scientific Issues (SSI) Education: Focus on an Action-oriented Climate Change Club Activity (과학 관련 사회적 문제 (SSI) 교육 맥락에서 초등학생의 위치짓기 양상 -실천 지향 기후변화 동아리 활동을 중심으로-)

  • Kim, Jong-Uk;Kim, Chan-Jong
    • Journal of The Korean Association For Science Education
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    • v.41 no.6
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    • pp.501-517
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    • 2021
  • In the present age, when the development of science and technology is leading the changes, this study supports the view that students should possess the literacy to participate democratically and critically in socio-scientific issues, and should be positioned as agentic and participatory citizens. Accordingly, we implemented a club activity that emphasize climate social action for elementary students, and explored how students were positioned in relation to climate change. In this study, position is defined as a complex cluster of rights and duties that students have in relation to climate change. The club activity was implemented throughout 46 sessions from March to July, 2019 for 11 sixth graders of 'H elementary School' in Seoul, and transcripts of video and interviews were analyzed by means of a constant comparison method. In the course of the activity consisting of three steps, the students exhibited different positioning and they are as follows: In the global warming modeling activity for Step 1, students were positioned as 'active learners', but at the same time, they showed a contradiction in being positioned as 'apprentice'. In the student-led research activities inherent to Step 2, they were positioned as 'scientists who design and conduct research' and 'bystanders' due to the controversial nature of SSI knowledge. As students participate in the social actions involved in Step 3, the position changed from 'elementary school students facing difficulty in making a change' to 'participatory citizens creating changes.' This study is significant because it shows students' potential to promote participatory and democratic citizenship through action-oriented SSI activities. In addition, pedagogical approaches were discussed dealing with the contradictions and limitations of positioning.

A Study on The Korean Trade Remedy System under the FTA and the Negotiation of Trade Remedy in Korea-China FTA (FTA체제 하(下)에서의 한국의 무역구제제도 및 한·중FTA 무역구제 협상)

  • Kim, Yong-Duk;Kim, Su-Mi
    • International Area Studies Review
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    • v.13 no.2
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    • pp.573-600
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    • 2009
  • Currently, the Free Trade Agreement(FTA) promoting regionalism or bilateralism has been increasingly concluded, which is against multilateralism of the WTO. The adoption of the TRS under the FTA carries various issues from the rationale of its existence to its contents. To explain these contradictory issues between the WTO and the FTA, this paper studied on the TRS by analyzing present cases and negotiation results of the TRS under the FTA and comparing them under the WTO. The TRS under the WTO agreement is limited only to antidumping, countervailing duties and safeguard as the agreed concept. When the negotiations of the FTA are on the process, it is necessary to adopt the TRS depending on the negotiating party countries of the FTA after considering fully the economic situations of Korea and the need of protection for the domestic industries. Currently, Korea has entered into the FTA with several countries and most of the agreements with respect to the TRS maintain and observe the right and duty in the WTO agreement and when necessary, in some of the FTA agreements, they have changed parts of the TRS. Consequently, it is needed to establish the basis for application of the TRS. Also, additional application of the SSG provision to some sensitive goods is highly recommended.

Study on the Justifiable Reasons for Medical Refusal (의사의 진료거부의 정당한 사유에 관한 고찰 -최근 일본의 논의를 중심으로-)

  • Lee, Eol
    • The Korean Society of Law and Medicine
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    • v.21 no.3
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    • pp.117-144
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    • 2020
  • In accordance with Article 15 of the Medical Law, medical personnel in Korea cannot refuse treatment of a patient unless there is a justifiable reason, and violation of this obligations is subject to criminal penalties. Japan also stipulates the same content in the law. However, this violation of obligations in Japan is not subject to criminal penalties, and is used as a judgment element of the liability for damages of doctors only in the case of damage to the patient. However, in both countries, it is difficult to interpret and apply the law because the regulation is a little ambiguous. In particular, the key is to find out what is the justifiable reason for the doctor to refuse treatment of the patient. Recently, Japan has completed the work of re-examining the discussion on medical refusal from a modern perspective in terms of improving the excessive working environment of doctors. On the other hand, in Korea, it is not clear in what cases it is possible to refuse treatment. because there is a lack of systematic discussion on medical refusal. Rather, unnecessary misunderstandings and controversies have resulted in the loss of trust between patients and doctors. In Korea, there is already a legal right for a doctor to reject it according to his religious beliefs or conscience in the implementation of the suspension of life-sustaining treatment decisions. And in the case of an abortion, debates are underway that doctors should be given the right to refuse it. This study introduces the current state of discussion in Japan, and examines the issues surrounding medical refusal in Korea. It is hoped that this study will facilitate further discussions on the medical refusal.

Ramon Sampedro: Finding the Right to Die with Dignity - Focused on Alejandro Amenabar's Movie <Sea Inside>- (라몬 삼페드로: 존엄하게 죽을 권리를 찾아서 -알레한드로 아메나바르의 영화 <씨 인사이드> 를 중심으로-)

  • Donggiun Kim
    • The Journal of the Convergence on Culture Technology
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    • v.10 no.2
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    • pp.27-33
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    • 2024
  • In this article, this study examines the issue of "Physician-assisted Suicide" and how Ramon Sampedro asserts his right to a dignified death through litigation. Ramon, the protagonist of the movie <The Sea Inside> is a patient, severely paralyzed man who has spent more than 26 years in bed. The only thing he can do is verbally ask his family for help. Ramon can no longer support this worthless existence, so he pursues death with dignity. Ramon files a lawsuit to authorize death with dignity within a legal framework, but is denied on the grounds that life is a duty. Ramon eventually fulfills his desire for death with dignity with the help of his friends. Ramon sets up a camera to document the process of his death and introduces the cyanide, which is used in assisted dying, by inhaling cyanide in front of the camera and dying quietly. Although Ramon is not a terminally ill patient, who can blame him for practicing death with dignity as he chooses to do so. We will need to work to build social consensus and legislate for death with dignity for seriously ill patients like Ramon.

Study on Preventing Retaliation against Crime Victims (범죄피해자에 대한 보복범죄 방지 대책에 관한 연구)

  • Choi, KeeNam
    • Convergence Security Journal
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    • v.16 no.7
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    • pp.129-137
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    • 2016
  • The guarantee of citizens' safety from crime is the reason for a nation's existence according to the social contract, and it is also a salient task in securing the citizens' right to the pursuit of happiness, which is a constitutional right expressing the nation's duty to its citizens. First, a procedure must be made mandatory that corresponds to the Miranda rule applied during the arrest of criminal suspect, which verifies whether there exists a risk of retaliatory crime to the victim of crime, crime reporter, or witness following their report of a crime or testimony. A measure to punish those who violate this should be devised. The second is the improvement of related laws and systems, such as expanding the scope of persons subject to protection from retaliatory crimes under the current law and strengthening information protection. Third, a retaliatory crime risk evaluation index must be developed, and the evaluation results must be quantified to clearly state measures and responsibilities, in detail, for personal safety at each level of intensity. The fourth is the expanded implementation of proactive personal safety measures for victims of crime and witnesses, as well as the development and application of advanced techniques. The last is a change in the perception s of those working for the judicial body. From the initial investigation stage of the crime to the diagnosis regarding the possibility of retaliation perpetrated on an ex-convict through psychological tests, systems of general cooperation, and mutual assistance must be established.

A Comparative Study on the Korean Child Welfare Law and the Japanese Child Welfare Law (한일 아동복지법의 내용에 관한 비교연구)

  • Lee, Hye-Won
    • Korean Journal of Social Welfare
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    • v.58 no.2
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    • pp.167-195
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    • 2006
  • The purpose of this study is to suggest the revision direction of the Korean Child Welfare Law based on the results of the comparative analysis on the Korean Child Welfare Law and the Japanese Child Welfare Law. The main results are: Both laws have only two provisions about children's participation right. The child protective system in Japan secures the swiftness of within-two-months period of temporary protection through the child consulting center, the investigation right by the child welfare worker, publicity, enforcement on the parents' rights, and the network with the nearest child supporting center. Furthermore, those provisions with the notifying obligation by a finder of the child who needs protection and the limit of protection period are guaranteed in order to ensure the effectiveness of law enforcement. However, Korean child protective system functions only as pre-substitutive service. While the provisions for the disability children account for 21.2% of the total Japanese law, there is no provision on that in the Korean law. The Japanese law is substantially different from the Korean law in a sense that it obligates the minimum quality criteria of child service and national financial burden on the child welfare. While the Japanese law clearly stipulates the national responsibility in relation to the degree of the rights, the Korean law does not directly touch upon it. Furthermore, the Japan's law guarantees that not only children but also protectors retain the right to choose and apply for services.

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Analysis of Value for Ownership Conversion in the Public Rental Housing REITs According to Real Option Scenarios Reflecting Macroeconomic Variables (거시경제변수를 반영한 실물옵션 시나리오별 공공임대주택리츠 분양전환 가치 분석)

  • XUAN, Meiyu;Jang, Mi Kyoung;QUAN, Junlong;Kim, JuHyong
    • Korean Journal of Construction Engineering and Management
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    • v.18 no.3
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    • pp.74-83
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    • 2017
  • The recently introduced public rental housing REITs was just different the business structure from the existing public rental housing system and the basic supply system is the same. So the ownership conversion for public house over 10 years rental duration is possible after half of the obligated rental duration according to the agreement between lessor and lessee. However rental business operators are likely to have a negative attitude to the early ownership conversion because of less expected profit. Thus, there is a need for an analysis of proper early ownership conversion moment that can achieve public purposes while ensuring the profitability of public rental housing REITs. In this study, the characteristics of the ownership conversion rights that can lessee to exercise considered to be options. Also the nature of 'REITs', 'public rental housing REITs' is considered to be affected by the macroeconomic variables. Thus, this study analyzed the value for ownership conversion in the public rental housing REITs according to real option scenarios reflecting macroeconomic variables. As a result, according to the change of the variation rate of the macroeconomic variables, it was found that with adjustable early ownership conversion time using the DCF(Discounted Cash Flow) model. Therefore, it is possible to ensure profitability of early ownership conversion by predicting the variation of variables.

A Criminal Legal Study in the Protecting the Right of Surgical Patients - Self-Determination of Patients - (수술환자의 권리보호에 대한 형사법적 쟁점 - 환자의 자기결정권을 중심으로 -)

  • Yoo, Jae Geun
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.3-26
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    • 2015
  • Recently, Practicing of ghost surgery and duty of informed consent of doctors have become a big issue in the medical dispute and lawsuits. The ground of admitting the informed consent and the agreement(self-determination of patients) can be based on the dignity of man and the right to pursue his happiness guaranteed under Article 10 of the constitution in theory. However there are no explicit legal regulations on the duty of the informed consent and there is no substantive legal enactment on the informed consent, but there is a collision between self-determination of patients and the discretionary power of doctors. If the discretionary power on the duty of the informed consent was extended it may result in the infringement of the right of surgical patients, so called arbitrary medical treatment. Relating to this issue, New Jersey Supreme Court held that a patient has the right to determine not only whether surgery is to be performed on him, but also who shall perform it. Moreover it held that a surgeon who operates without the patient's consent engages in the unauthorized touching of another and, thus, commits a battery'. But there are no ghost surgery cases adopting battery theory in Korea, and professional negligence has been considered rather than the battery, regarding an absence of hostile intent to injure patient. Supreme Court of Korea held that a doctor who operates a medical procedure without the patient's valid prior consent based on wrong diagnosis commits professional negligence resulting in injury, and the patient's invalid consent do not preclude wrongfulness'. However, if a health care provider conducts a completely non-consensual treatment or substitute surgeon without consent, the action should be plead in battery, not negligence, but if a health care provider violate his duty of care in obtaining the consent of the patient by failing to disclosure all relevant information (risks) that a reasonable person would deem significant in making a decision to have the procedure, the action should be plead in negligence, not battery. Therefore, the scope of patients' self-determination can be protected by stating clearly the scope of the duty of the informed consent and the exemption of the informed consent legislatively, it is considered that it is valid to legislate the limitation of the discretionary power.

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A Study on Web Accessibility Status of Metropolitan and Provincial Offices of Education from the Universal Design View (유니버설 디자인 관점에서 본 국내 시도 교육청의 웹 접근성 실태에 관한 연구)

  • Seo, Mi-Ra
    • Journal of Digital Convergence
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    • v.11 no.5
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    • pp.405-410
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    • 2013
  • Due to the enforcement of a law about disability nondiscrimination and rights protection in 2008, the web accessibility has become an obligation. According to a survey targeting public sectors such as central administrative organization, local autonomous entity and etc., the level of compliance with web accessibility appeared to be improved every year. However, such legal mechanism focuses on the improvement of convenience for disabled people only and does not meet the concept of universal design that aims to satisfy every user. Therefore, this study verifies the status of web accessibility on 17 homepages of metropolitan and provincial offices of education. The status survey was carried out with 3 steps: 1) Verification through automated verification tool by National Information Society Agency, 2) Verification through Web Content Accessibility Guidelines(UD-WCAG) that adopts the concept of universal design, 3) Verification by using screen reader. Compared to the verification through automated verification tool, the overall compliance rate verified through UD-WCAG was reported lower.