• The Korean Society of Law and Medicine
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• v.22 no.3
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• pp.3-30
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• 2021

Reasons for disqualification to restrict a medical person's license should be considered in functional and moral terms. In this sense, the grounds for disqualification of medical personnel should be expanded to include all crimes that have been declared to be "imprisonment without labor or greater punishment" by a court. Because a sentence of "imprisonment without labor or greater punishment" means that it is highly reprehensible and undermines the trust of the state as well as the trust in medical personnel. Therefore, the expansion of the scope of license restrictions for medical personnel cannot be regarded as a violation of "the Less Restrictive Alternative" rule. However, it is necessary to reflect the specificity of medical services in the license restrictions of medical personnel. This is because not all diseases can be treated with current medical services. In addition, unpredictable situations can occur at any time during medical practice. Consequently, the negligence that occurs during medical practice should be carefully examined from a functional perspective of the medical personnel. And it should be treated differently from ordinary crimes. To this end, an independent license review organization should be established to establish expertise in license management.

• Science of Emotion and Sensibility
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• v.24 no.1
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• pp.73-90
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• 2021

Previous studies have demonstrated that childhood memories can impact self-concepts. However, scant research has been conducted to determine whether and how the activation of childhood memories relates to the motivation of prosocial behaviors. Thus, this study investigated whether childhood memories facilitated prosocial behaviors through implicitly activating moral purity and how differently an abstract (vs. a concrete) construal level of autobiographical memories evoke prosocial intentions. According to the results of Study 1, the participants in the experimental condition of childhood memories were more motivated to perform prosocial behaviors than those in the controlled condition of recalling recent mundane activities. In the experimental condition, moral purity was activated more strongly than in the control condition. Study 2 demonstrated that participants in the "concrete" condition of childhood memories tended to the lower levels of prosocial motivation than those in the "abstract" condition wherein they were counting and describing good deeds from their childhood in detail. These results indicate that different construal levels (abstract vs. concrete) can mediate the relationship between childhood memories and prosocial behaviors. This study contributes to extending previous research regarding the determinants of motivating prosocial behaviors in cognitive processes.

• The Korean Society of Law and Medicine
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• v.19 no.1
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• pp.113-142
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• 2018

In recent years, there have been opinions in which physicians are liable to the revocation of their medical license if they are sentenced to above a certain level for criminal charges regardless of the types of offenses. Accordingly, a revised bill of law was submitted in the National Assembly, and related discussions are thus expected to commence. Considering the morality and ethics or the level of the rule of law that the general public expects of physicians, as well as the license revocation system in other professional sectors, it is assessed that medical license revocation due to criminal convictions of physicians is appropriate to some degree. However, if a poorly devised system is established based on unrefined inferences or emotional judgements, unexpected side-effects are likely to arise. With regard to serious criminal acts that society generally perceives as unacceptable, it can be assessed that the revocation of physicians' licenses would appropriately protect the general public from threats. However, given the life-saving characteristics of high-risk medical practices, higher malpractice exposures, and social values, it is difficult to assess charges of professional negligence resulting in death(or in injury) and minor offences in the same manner as anti-social criminal offences are handled. Physicians need to be treated the same as any other professions. At the same time, they are engaged in administering medical treatment to patients in the face of great risks as professionals. Under the circumstances, a discussion on the introduction of a more specific and empirical system is needed by considering the intrinsic characteristics of medical treatment and the need for an equitable health and medical policy. Accordingly, based on the above judgment and perception, this study explores the code of ethics for physicians and medical license revocation related to criminal offences at home and abroad, and examines various legislative alternatives appropriate for the Republic of Korea. In doing so, the purpose of the study is to contribute to the development of a reasonable system for handling criminal offences by physicians.