• Title/Summary/Keyword: 성년후견인

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A Reform Proposal of Involuntary Commitment Law Under the Revised Mental Health Act of 2016 - as well as of Article 947-2 (2) of Civil Code - (개정 정신건강복지법상 비자의입원 규제에 대한 입법론적 고찰 - 민법 제947조의2 제2항의 검토를 겸하여 -)

  • Lee, Dongjin
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.99-137
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    • 2018
  • Under the Korean law, there are two routes of involuntary civil commitment of the mentally-ill: involuntary commitment process under the Mental Health Act (MHA) and the guardian's commitment backed up by family court approval under article 947-2 (2) of the Civil Code. Despite of the recent fundamental revision of MHA in 2016, the Korean involuntary commitment law has still serious flaws, especially the lack of due process like prior notice, hearing, and independent guardian ad litem for the mentally-ill, which has been pointed out also by the Korean Constitutional Court. Thus, a re-revision is inevitable, and this time, we should proceed to rebuild the underlying structure of involuntary commitment. In this regard, it is crucial to eliminate the old-fashioned and unjustifiable burden as well as power of the so-called responsible person to protect the mentally-ill and to readjust the causes and standings to petition of the various types of involuntary commitment process. Also it is necessary to repeal involuntary commitment by guardian under the Civil Code, article 947-2 (2), which can no longer harmonize with modern involuntary commitment system.

Illness Experiences and Palliative Care Needs in Community Dwelling Persons with Cardiometabolic Diseases (심혈관대사질환이 있는 지역사회 거주 환자의 질환경험 및 완화의료 요구)

  • Cha, EunSeok;Lee, JaeHwan;Lee, KangWook;Hwang, Yujin
    • Journal of Hospice and Palliative Care
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    • v.22 no.1
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    • pp.8-18
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    • 2019
  • Purpose: This study was conducted to better understand the illness experiences and palliative care needs in community-dwelling persons with cardiometabolic diseases. Methods: This qualitative descriptive study was conducted with 11 patients (and three family members) among 28 patients contacted. Interviews were led by the principal investigator in her office or at participants' home depending on their preference. All interviews were digitally recorded and transcribed by a research assistant. The interviews were analyzed by two independent researchers using a conventional method. Results: Participants' ages ranged from 42 to 82 years (nine men and two women). Three themes were identified: (1) same disease, but different illness experiences; (2) I am in charge of my disease(s); (3) preparation for disease progression. Participants were informed of the name of their disease when they were diagnosed, but not provided with explanation of the diagnosis or meant or how to do self-care to delay the disease progression, which increased the feelings of uncertainty, hopelessness and anxiety. Taking medication was considered to be the primary treatment option and self-care a supplemental one. Advanced care plans were considered when they felt the progression of their disease(s) while refraining from sharing it with their family or health care professionals to save their concerns. All participants were willing to withhold life-sustaining treatment without making any preparation in writing. Conclusion: Education on self-care and advanced care planning should be provided to community-dwelling persons with cardiometabolic diseases. A patient-centered education program needs to be developed for this population.