• Title/Summary/Keyword: 생명권

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A Review of the Right to Terminate a Contract by a Medical Institution - Focusing on the Case that Treatment is Completed - (상급종합병원의 입원계약 해지권 행사에 대한 검토 -해당 의료기관에서의 치료가 종결된 경우를 중심으로-)

  • Park, Darae
    • The Korean Society of Law and Medicine
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    • v.22 no.4
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    • pp.89-115
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    • 2021
  • Korea's health care delivery system is based on the Medical law and the National Health Insurance Act. In order to efficiently operate limited medical resources, it is classified to use medical institutions according to the severity of the disease. The question is whether a tertiary care hospital can terminate a medical contract for a patient, if treatment for severe diseases has already been performed at a tertiary care hospital. In the case of termination of treatment, the Korean court has both a judgment that recognizes the right to terminate and a judgment that denies the termination. Among the U.S. rulings, there are rulings that order transfer to a skilled nursing facility or nursing home or home if acute treatment is no longer needed. Considering that medical resources are limited, it is necessary to acknowledge the right to terminate the contract of the medical institution when treatment by a medical institution is completed.

Improvement of Capability to the Self-Determination of Disabled Women in Abortion (낙태에서 장애여성의 자기결정권에 관한 역량 강화)

  • KIM, Moon-Jeong;SHIM, Jiwon
    • Korean Journal of Medical Ethics
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    • v.21 no.4
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    • pp.301-315
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    • 2018
  • Women have been entrusted with responsibility for pregnancy, childbirth, and nurturing by means of socially imposed 'maternity' along with their physical characteristics. Abortion too involves the bodies of women, and women are the ones most affected by it. However, women do not yet have the right of self-determination over their bodies. In the "pro-choice versus pro-life" abortion debate in South Korea, women's self-determination is often treated with less significance than the alleged "respect for life." Moreover, as Korea's declining fertility rate has become a serious social problem, women's perspectives on the issue of abortion have been sidelined. Yet even in this context, there is a double standard between the treatment of disabled and able-bodied women. The purpose of this study is to examine the issue of self-determination, especially for women with disabilities, from the perspective of a capability approach. The following three recommendations are proposed: (a) that the various contextual variables of disabled women are included in the concept of self-determination; (b) that a solid relationship between individuals and communities is established in order to ensure the realization of the right of self-determination for disabled women; and (c) that the discourse of "reproduction rights" (i.e. comprehensive rights of women with disabilities) be expanded.

A Critical Study on Capital Punishment System in Perspective of Correctional Welfare (교정복지의 관점에서 본 사형제도의 비판적 고찰)

  • An, Bong-Keun;Nam, Ki-Min
    • Korean Journal of Social Welfare
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    • v.59 no.3
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    • pp.33-58
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    • 2007
  • Capital punishment is a system which is not finished simply as one of interim penalty but does away with one person's existence eternally. It is not only opposite to the existential humanism but also contrary to social welfare's goal like social integration. Therefore, this study tries to find out the issues related to capital punishment and further tries to draw out the rightness of capital punishment abolition by critically reviewing the capital punishment system on the basis of the value and philosophy of correctional welfare. In brief, capital punishment is possible only when we negate the inviolable fundamental right which is called life right, and deny the human life existence which surpasses space and time. As long as we can not deny the macroscopic viewpoint to search out the basis of human behavior in the social system which is called culture and society, capital punishment system is contrary to the philosophy of welfare that total society is responsible for guiding members of society to pursue self realization on the basis of value like social solidarity and human dignity. Also, it is against the objective of correctional welfare to head toward special prevention by positive correction and rehabilitation. Capital punishment system ought to be abolished properly.

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A Constitutional Study on the Unborn Human Life : Focusing on the Right to Life of the Fetus and the Embryo (출생 전 생명에 대한 헌법적 고찰 - 태아 및 배아의 생명권과 그 제한을 중심으로 -)

  • Kim, Eun-Ae
    • The Korean Society of Law and Medicine
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    • v.10 no.1
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    • pp.39-75
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    • 2009
  • The development of the biomedical science and technology has extended an argument about a status in constitutional law of unborn human life and a protection of the potential human life to that of an embryo and a gamete beyond a fetus. This argument has been focused on whether we should provide unborn or potential human life with human dignity and the right to life that are guaranteed by the constitutional law altogether or separately. If the right to life is given to unborn or potential human life, on what grounds can we restrict this right. Those who argue for the unity of the right to life with human dignity and the inseparability of those two claims that the right to life in itself should be guaranteed absolutely. According to the constitutional law, however, any constitutional right of the human person within the protection of essential part of the right can be compared with each other and restricted with some valid reasons from the legal perspective. This measure is unavoidable in reality because one right can come into conflict with another right frequently. Since fetus and embryo are in a process of developing into the human person, it is difficult to think that they are the same with the human person. For that reason, it is hard to consider that the right to life of fetus or embryo is the same with that of the human person. However, since a fetus has a special status as a potential human person, and an embryo also has a special value as a potential fetus upon an implantation, the right to life of fetus or embryo should be judged differently according to the stage of their development. A study on a constitutional status and protection of a fetus and an embryo is essential because unborn or potential human life is the origin of human person. Therefore, we have to make much account of their right to life and seek the legal respect for their inherent value.

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Effects of Biomedical Ethics Education on Moral sensitivity, Critical thinking and Biomedical ethics Awareness of Nursing Students (생명의료 윤리교육이 간호학생의 도덕적 민감성, 비판적 사고성향, 생명의료 윤리의식에 미치는 효과)

  • Kim, Kyung-Ah;Jeong, Gye-Seon
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.20 no.2
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    • pp.240-249
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    • 2019
  • The purpose of this study was to find the effect of systemic biomedical ethics education program on moral sensitivity, critical thinking disposition and consciousness of biomedical ethics nursing student. This study is a quasi-experimental research design and repeated measured ANOVA was used to analyzed the collected data statistically on this study. Data was collected from 1st September to 31 of December 2014. Nursing students and nurses in A and S cities participated in this study as subjects. 32 nursing students were assigned to an experimental group, and 33 nursing students were assigned to control group A, 26 nurses were assigned control group B, total subjects were 91. There are significant different in consciousness of biomedical ethics(F=3.432, p=.037). In the category of consciousness of biomedical ethics, there are significant different in 'right to life of fetus'(F=4.476, p=.014) and 'prenatal diagnosis of fetus'(F=6.207, p=.003), and 'right to life of newborn(F=6.207, p=.003) between experimental group and two control groups. The biomedical ethics education influenced the positive effect on moral sensitivity, critical thinking disposition and consciousness of biomedical ethics of nursing students, and shown the significant effect to enhance the consciousness of biomedical ethics for nursing students.

Consciouess of Biomedical Ethics in Dental Hygiene Students and Non-Dental Hygiene Students (치위생계열 학생과 비 치위생계열 학생의 생명의료윤리 의식)

  • Yoon, Sung-Uk
    • The Journal of the Korea Contents Association
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    • v.17 no.5
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    • pp.470-478
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    • 2017
  • The purpose of this study was to provide basic data necessary for educating dental hygiene students by establishing a desirable sense of ethics values. In this descriptive research, 97 dental hygiene students and 100 non-dental hygiene students (in other health related fields) from Daegu Gyeongbuk City were selected. Tools used for data analysis were descriptive statistics, t-test, one-way ANOVA, Scheffe test and correlation analysis with SPSS/WIN 17.0 version. Average scores for consciousness of biomedical ethics in dental hygiene students was 2.87, and in non-dental hygiene students, 2.82. When differences in the consciousness of biomedical ethics of dental hygiene and non-dental hygiene students were compared, dental hygiene students had significantly higher scores for prenatal diagnosis of fetus, right to life of newborn, right to life of fetus, brain death, artificial abortion, but significantly lower for organ transplantation. Variables which influenced consciousness of biomedical ethics were etihcal values in the dental hygiene students and intent to attend a class in biomedical ethics, quantity and quality of experience of hearing for biomedical ethics and religion in the non-dental hygiene students. Continuing educational programs need to be considered and attention given to the significant variables that can promote consciousness of biomedical ethics in dental hygiene students.

A review of research on biomedical ethics of nursing college students (간호대학생의 생명의료윤리에 관한 문헌연구)

  • Won, Hyojin
    • Journal of Industrial Convergence
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    • v.19 no.4
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    • pp.49-55
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    • 2021
  • This study attempted to review the research on biomedical ethics of nursing students published in Korea. Keywords included 'nursing students', and 'biomedical ethics', and a total of 26 studies were collected via databases such as KISS, NDSL, RISS. The biomedical ethics awareness was the main concept of biomedical ethics, consisted of right to life of fetus, artificial insemination, organ transplantation, and so on. There were differences in biomedical ethics awareness by ethical education experience, grade, clinical practice experience, and ethical education willingness to attend. Also, major keywords analysed with biomedical ethics were withdrawal of life-sustaining treatment, critical thinking, sexual attitude, nursing professionalism, and death perception. Study results can be used to provide basic data for preparing nursing ethics education in the future.