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Application and Expansion of the Harm Principle to the Restrictions of Liberty in the COVID-19 Public Health Crisis: Focusing on the Revised Bill of the March 2020 「Infectious Disease Control and Prevention Act」 (코로나19 공중보건 위기 상황에서의 자유권 제한에 대한 '해악의 원리'의 적용과 확장 - 2020년 3월 개정 「감염병의 예방 및 관리에 관한 법률」을 중심으로 -)

  • You, Kihoon;Kim, Dokyun;Kim, Ock-Joo
    • The Korean Society of Law and Medicine
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    • v.21 no.2
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    • pp.105-162
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    • 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.

주단계(朱丹溪)와 장경악(張景岳)의 상화론(相火論)에 관한 비교(比較) 연구(硏究)

  • Kim, Gi-Uk;Park, Hyeon-Guk
    • Journal of Korean Medical classics
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    • v.19 no.4
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    • pp.12-26
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    • 2006
  • 유하간(劉河間), 주단계적학설전파이후(朱丹溪的학說전播以后), 인위명대모사의가용약적시후편중고한(因위明代某些의家用葯的時候偏重苦寒), 소이도치료상비위이극벌진양적폐두(所以도致了상脾胃而克伐眞陽的弊두). 종이위료교정착오(종而위了교正착오), 형성료주장온보적온보학파(形成了主張溫보的溫보學派). 설기(설己), 손일규(孫一圭), 張景岳等溫보학파강조주재생명적비위(張景岳等溫보學派强凋主宰生命的脾胃), 신명양기(腎命陽氣), 재변증론치방면입족우선(在辨證論治方面立足于先), 후천(後天), 중시비여신(重視脾與腎), 선용료감온적약물(善用了甘溫的藥物). 저대우교정착오기착극대적작용(저대于교正錯오起着極大的作用), 동시논증(同時논증), 이론전개상비위여신명이주제공탁료(理론展개上脾胃여腎命以主제공托了), 우기후자가심료명문학설적연구(尤其后者加深了命門학설的硏究). 장경악활동적명대시이주자학위국책적(張景岳活동的明代是以朱子學위國策的), 구비사변성적철(具비思辨性的哲) 학배영상(학背영上), 추상(推想)"리(理)"이발휘의(而발휘의) 학이론(학理론). 우시저시기의가문입족우(于是저시期의家門立足于) "황제내경(黃帝內經)" 여연기론진행료기초이론화임상연구(여연氣論진行了基초理론和임床硏究), 경악통과편찬(景岳通과編찬) "내경(內經)"이저작(而著作)"류경(類經)"등(等), 근거자기적임상실험(根据自己的임床실험), 제출료온보학설(提出了溫보학설). 타쟁론적초점시자기제출적(他爭론的焦点是自己提出的)"음부족론(음不足론)". 침대전현적쟁론상(침대前현的爭론上), 경악이하간여범계위대상경(岳以河間여凡溪위대象). "경악전서(景岳全書)" 지운(之云): "양자유하간출(襄自劉河間出), 이서화입론(以署火立論), 전용한량벌차양기(專用寒凉伐此陽氣), 기해이심(其害已甚), 뢰동원선생비위지화필수온양(賴東垣先生脾胃之火必須溫養), 연상미능진척일편지류(然尙未能盡斥一偏之謬), 이단계복출(而丹溪復出), 우입음허화동지론(又立陰虛火動之論) ...... 한량지폐우복성행(寒凉之弊又復盛行), 부선수기해자기거이불반(夫先受其害者旣去而不返), 후습이용자유미이불오(後習而用者猶迷而不悟)", 지분료하간여단계시(指분了河間여丹溪是)"헌기지마(軒岐之魔)". 저사주장현출독특적유해저(些主장현出독特的유解), 이대후대학설발전적봉헌(以대后代학설발展的奉헌). 경악침대단계적"양상유여(景岳침대丹溪的)"양상유여(陽常有餘), 음상부족(陰常不足)", "기유여변시화(氣有餘便是火)", 설성(설成)"양비유여(陽非有餘), 진양부족(眞陽不足)", "기부족변시한(氣不足便是寒)", "상화부시사화(相火不是邪火)", 대단계학설견지료비판적입장(대丹溪학설堅持了批判的立장). 단계제출(丹溪提出)"양음설(養陰說)"이수립음허화왕적병기이론(而수立陰虛火旺的病機理론), 타적(他的)'양유여음부족론(陽有餘陰不足論)'상(上), '음(陰)'주요지생식물질(主要指生殖物질), "양(陽)"지정욕(指情欲). 가시중심사상시강조생리적양생(可是中心思想是强조生理的양생), 몰수립실제(沒수立실제)'음허화왕(陰虛火旺)'적병기(的病機). 취시장경악실재완성료저사병기(就是張景岳실在完成了저些病機). 경악재(景岳在) "진음론(眞陰論)" '장형질설성진양적상(將形질설成眞陽的象), 이명문위기(以命문위其)', 용(用)"개부족(皆不足)"해석질병(解석질病), 이익화(以益火) 장수이론위치법(장水理론위治法). 이차제조좌우귀환(而且制造左右歸丸) 음이귀납료치료방법(飮以귀納了治료方法), 발휘진음(발휘眞陰), 진양학설이구조유계통적이론(眞陽學說而구造有系統的理론). 저양위의가적쟁론핵심리유상화론(저兩位의家的爭론核心里有相火論), 논자상교연구타문적이론이보고기결과(논者相교硏究他문的理론而보告其結果).

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Expression of SARS-3CL Protease in a Cell-Free Protein Synthesis System (무세포 단백질 합성법을 이용한 활성형 SARS-3CL protease의 발현)

  • Park, Sun-Joo;Kim, Yong-Tae
    • Journal of Life Science
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    • v.22 no.4
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    • pp.552-558
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    • 2012
  • Severe acute respiratory syndrome (SARS) is a severe respiratory infectious disease caused by a novel human coronavirus, SARS-CoV. The 3CL protease is a key enzyme in the proteolytic processing of replicase polyprotein precursors, pp1a and pp1ab, which mediate all the functions required for viral genomic replication and transcription. Therefore, this enzyme is a target for the development of chemotherapeutic agents against SARS. A large quantity of active SARS-3CL protease is required for development of anti-SARS agents. Here we have constructed overexpression vector for the production of the SARS-3CL protease. The gene encoding SARS-3CL protease was amplified using polymerase chain reaction and cloned into the pET29a expression vector, resulting in pET29a/SARS-3CLP. Recombinant SARS-3CL protease was successfully synthesized by the dialysis mode of the cell-free protein expression system, and purified by three-step fast protein liquid chromatography using HighQ and MonoP column chromatographies and Sephacryl S-300 gel filtration. In addition, the produced SARS-3CL protease was found to be an active mature form. This study provides efficient methods not only for the development of anti-SARS materials from natural sources, but also for the study of basic properties of the SARS-3CL protease.

A comparative study of soft tissue changes with mandibular one jaw surgery and double jaw surgery in Class III malocclusion (III급 부정교합자의 양악 수술과 하악 편악 수술 시 연조직 변화에 관한 비교 연구)

  • Chang, In-Hee;Lee, Young-Jun;Park, Young-Guk
    • The korean journal of orthodontics
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    • v.36 no.1 s.114
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    • pp.63-73
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    • 2006
  • Numbers of postulations lie on the difference of integumental changes with two major surgical remedies of one jaw vs. two jaw surgery in skeletal Class III malocclusion. Accordingly it was the aim of the study to elucidate the skeletal profile changes with an accompanying disposition of soft tissues, consequently to yield the correlation and ratio of soft tissue changes with two types of surgical procedures, which in turn make it possible to predict the soft tissue outcomes by means of assembled regression equations. Cephalometric headfilms of fifty two adult skeletal Class III comprised of 26 maxillary advancement by Le Fort I osteotomy and mandibular setback by sagittal split ramus osteotomy simultaneously (double jaw surgery, group A), 26 mandibular setback alone (one jaw surgery, group B) were statistically analyzed. Group A manifested 72.4% soft tissue advancement to skeletal changes in the upper lip area, while group B appeared to have no statistically significant changes. The nasolabial angle showed more increment in group A than in group B, whereas the mentolabial angle illustrated more reduction in group B. The backward movement of soft tissue pogonion to skeletal change revealed 98% in group A, and 109% in group B. The double jaw surgery group characteristically revealed remarkable integ umental change in the upper lip area, while the one jaw surgery had major effects in the lower lip and soft tissue pogonion areas.

Patients' Perception of Quality of Health Service and Utilization considering convergence factors: A Survey of Elderly Patients of Public Health Centers, Seoul, Republic of Korea (융합적 요소를 고려한 의료서비스 질 인식도와 의료이용의 관련성: 서울시 보건소를 이용하는 노인을 대상으로)

  • Sohn, Minsung;Kim, Mi Sun;Kim, Joonsik;Moon, Sangsik;Choi, Mankyu
    • Journal of Digital Convergence
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    • v.13 no.8
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    • pp.345-356
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    • 2015
  • Health service quality is increasingly emphasized, and primary care service is no exception in this. This study identified patients' perception of quality considering convergence factors associated with increased utilization among patients over the age of 65 using community health centers. A total of 307 respondents were included in the analysis. The results showed that positive perceptions on facility and environment, patient-centered care, technical knowledge and skills of physicians, and emotional support with nurses and non-medical workers were statistically and significantly associated with higher utilization. In order to increase utilization of primary care service at community health centers, they need to manage and improve these factors.

Analysis of Factors Related to Pain Relief on Modified Mammography (변형 유방촬영술시 통증완화에 따른 요인 분석)

  • Jang, Myung Mi;Kim, Hwa Sun
    • Journal of the Korean Society of Radiology
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    • v.11 no.5
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    • pp.413-421
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    • 2017
  • Mammography, the basic test for finding and treating increased breast cancer, gives the anxiety of cancer and radiation exposure to most women. In addition, it gave very severe compression pain, so we studied the degree of pain and tried to reduce the pain. The purpose of this study is to compare and analyze the modified imaging technique and the basic imaging technique based on clinical experience, respectively. The subjects of this study were 160 women from 30 to 60 years old who visited to Seoul Boramae Hospital operated by Seoul National University Hospital from February to March 2017 for breast screening. Modified 80 persons and 80 persons were divided into two groups, and each group was asked to fill out questionnaires sequentially without knowing the subjects. The first method is a modified method in which an automatic pedal is divided into four or more presses, a manual pressure is used together, and an attitude is described in detail. Secondly, we used only the automatic pedal compression method and press it within 1-3 times. In the mean of the pain distribution, the experimental group (modified method) was 2.49 and the control group (basic method) had an average of 4.86, which showed 48.8% less pain. In this modified method, the pain scores of the experimental group were lower than those of the control group, and the degree of the pain was statistically significant.

Inducible Expression of the Lactadherin Gene with a Reverse Tetracycline-Regulated Retroviral Vector System (Tetracycline으로 발현이 유도되는 Retrovirus Vector System을 이용한 Human Lactadherin 유전자의 전이와 발현)

  • 이용석;오훈규;권모선;박창식;김태완;박재복
    • Korean Journal of Animal Reproduction
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    • v.27 no.3
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    • pp.259-268
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    • 2003
  • Lactadherin (formerly known as BA46), a major glycoprotein of the human milk fat globule membrane, is abundant in human breast milk and breast carcinoma cells and is known to prevent symptomatic rotavirus infections. In this study, we tried to transfer the human lactadherin gene to the Chinese Hamster Ovary (CHO) cells using retrovirus vector system and tested inducible expression of the gene under the tetracycline-controllable promoter. At first, tetracycline-mediated inducibility was tested using E.coli LacZ marker gene. NIH3T3 cells co-infected with RevTet-On and RevTRE-LacZ retrovirus vectors showed that the cells responded to doxycycline (a derivative of tetracycline) in a dose-dependent manner, and prominent induction of the lacZ gene expression was observed from 1 $\mu\textrm{g}$/ml of doxycycline concentration. Based on the results of the pilot experiment, inductional expression of the human lactadherin gene was conducted using RevTet-On and RevTRE-Ltd retrovirus vectors. Analysis with the RT-PCR demonstrated successful inductional expression of the lactadherin gene in the Chinese Hamster Ovary (CHO) cells. Considering that constitutive overexpression of the exogenous genes in the target cells causes serious physiological imbalance, the results obtained in this study will be very useful especially in the studies of gene therapy and transgenic animal production.

Therapeutic Results of Concurrent Chemoradiation in Locally Advanced Uterine Cervical Cancer (국소적으로 진행된 자궁경부암에서 방사선과 Cisplatin의 동시병합요법의 치료결과)

  • Kang, Seung-Hee;Suh, Hyun-Suk;Yang, Kwang-Mo;Lee, Eung-Soo;Park, Sung-Kwon
    • Radiation Oncology Journal
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    • v.13 no.1
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    • pp.55-61
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    • 1995
  • Purpose : Despite a development of therapeutic machines and advance in modern radiation therapy techniques, locally advanced cervical carcinoma has shown high rate of local failure and poor survival rate, Combination of chemotherapy and radiotherapy demonstrated benefit in improving local control and possibly the overall survival. Our study was performed to evaluate effect of concurrent chemoradiation on locally advanced uterine cervical cancer. Methods and Materials : Twenty six patients with locally advanced stage(FIGO stage IIB with ${\geq}5cm$ in diameter, III, IVA) were treated with combination of radiation therapy and concurrent cisplatinum between May of 1988 and September of 1993 at our hospital. Radiation therapy consisted of external irradiaton and 1-2 sessions of intracavitary irradiation. Cisplatinum was administered in bolus injection of 25mg/$m^2$ at weekly intervals during the course of external radiation therapy. Results : Of the 26 Patients, twenty-five patients were evaluable for estimation of response. Median follow-up period was 25 months with ranges from 3 to 73 months. Stage IIB, III, and IVA were 16, 5, 4 patients, respectively, Twenty patients were squamous cell carcinoma. Response was noted in all 25 patients: complete response(CR) in 17/25($68\%$), Partial response(PR) in 8/25($32\%$). Of the 24 patients except one who died of sepsis at 3 months follow-up, seventeen patients($70.8\%$) maintained local control in the pelvis: 16/17($94.1\%$) in CR, 1/17($14.3\%$) in PR. Fourteen of the 17 patients with CR are alive disease free on the completion of follow-up. Median survival is 28 months for CR and 15 months for PR. Analysis of 5-year survival by stage shows 11/16($59.8\%$) in IIB, 3/5($60.0\%$) in III, and 1/4($25.0\%$) in IVA. Overall 5-year survival rate was $55.2\%$. Ten patients recurred: 4 at locoregional, 3 in distant metastasis and 3 with locoregional and distant site. Toxicity by addition of cisplatinum was not excessive. Conclusion : Although the result of this study was obtained from small number of patients, it is rather encouraging in view of markedly improved response rate compared with the results of historical group.

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Effects of Mesangi(Capsosiphon fulvecens) Powder on Lipid Metabolism in High Cholesterol Fed Rats (매생이가 고콜레스테롤 식이 투여 흰쥐의 지질대사에 미치는 영향)

  • Kwon, Mi-Jin;Nam, Taek-Jeong
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.35 no.5
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    • pp.530-535
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    • 2006
  • This study was conducted to investigate the effects of Mesangi (Capsosiphon fulvescens, CF, a green alga) on lipid metabolism in rats, which was examined by analyzing the lipid composition in serum. Male Sprague-Dawley rats were assigned to one of three groups: the basal diet, high cholesterol, and high cholesterol supplemented with 5% dry Mesangi powder (CF-supplemented group). The body weight gains and food efficiency ratios of the rats fed the CF-supplemented diet were lower than those of the rats fed the basal diet. The levels of total lipid, total cholesterol, and LDL-cholesterol in serum were reduced in the CF-supplemented group as compared to the cholesterol group. However, the level of HDL-cholesterol in blood increased with the addition of CF to the diet. Furthermore, levels of total lipid and cholesterol of liver in experimental group fed CF were significantly lower than the cholesterol group. A decrease in leptin expression levels was observed in the CF-supplemented group as compared to the cholesterol group. These results suggest that the addition of CF in hypercholesterolemic rats has an effect on the improvement of serum and liver levels of cholesterol, which may be related to the regulation of the atherogenic index and lipid metabolism in rats fed CF.

A study on Actual Condition and Interfererence of Electromagnetic Fields inside of The Hospital (I) (의료기관내 전자파환경 실태와 그 영향 (I))

  • Lee, Jun-Ha;Shin, Hyun-Jin;Yoo, Heum
    • Progress in Medical Physics
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    • v.8 no.1
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    • pp.53-67
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    • 1997
  • General hospitals have being under the influence of various and specific environment of electromagnetic field. The factors are development of medical electric equipment and device with enlarged functional demands, in high power and multi-frequency. It has all of both faces, EMI(electromagnetic interference) and EMS(electromagnetic susceptibility). In additional, expansion of personal communication system(cellular phone) has many unreliable factor of using time and area, making noise of electromagnetic fields. We studied actual conditions of EMI in the medical site, where is numerous medical equipment, especially central operation room and ICU(intensive care unit), AKR(artificial kidney room : hemo-dialysis unit), etc. The influence, most of medical equipments made electromagnetic nosie has various factors in its band of frequency, harmonics and strength. In the experimental use of electro-surgical unit and cellular phone, noticeable and considerable noise of eletromagnetic fields were measured. All of that can make trouble and errors on the steadiness of bioelectrical devices. In conclusion, It is necessary to reconsiderations of reallocating EMI source vs. EMS factor, and set to definite forbiding area of using cellular phone. For maintenance of steady normal conditions, in spite of existing any other legal standards of safty level, it need considering all of alternative electromagnetic situations on a case-by-case basis.

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