• Korean Journal of Social Welfare Studies
• /
• v.41 no.3
• /
• pp.241-269
• /
• 2010

The purpose of this study is to examine the arguments about the conceptualization and the assessment of mental capacity and legal competence concerning the adult guardianship. Based on these literature reviews, the author analysed Mental Capacity Act 2005 of United Kingdom. The act conceptualizes legal competence as a concept dependent on a specific decision, time, and environmental support or convenience. According to the act, the assessment of the legal competence shall be made with ensuring the person all the viable supports and environmental conveniences. And it appears that the hierarchical assessment system of the act assures that the more the decision is important the more professional and more formal assessment shall be used. Based on these findings the author suggested several implications for the legislation of a new adult guardianship act in Korea.

• The Korean Society of Law and Medicine
• /
• v.24 no.3
• /
• pp.155-206
• /
• 2023

When a person with diminished mental capacity refuses necessary medical care, normative judgments about when paternalistic intervention can be justified come into question. A typical example is involuntary hospitalization for people with mental disabilities, traditionally governed by mental health law. However, Korean civil law reform in 2011 introduced a new form of involuntary hospitalization through guardianship legislation, leading to a dualized system to involuntary hospitalization. Consequently, a conflict has arisen between the 'best interest and surrogate decision-making' paradigm of civil law and the 'social defense and preventive detention' paradigm of mental health law. Many countries have criticized this dualized system as not only inefficient but also unfair. Moreover, the requirement for the presence of 'mental illness' for involuntary hospitalization under mental health law has faced criticism for unfairly discriminating against people with mental disabilities. In response, attempts have been made to integrate guardianship legislation and mental health law based on mental capacity. This study examines the legislative process and framework of the Mental Capacity Act (Northern Ireland) 2016, which reorganized the mental health care system by fusing guardianship legislation with mental health law based on mental capacity. By analyzing the case of Northern Ireland, which has grappled with conflicts between guardianship legislation and mental health law since the 1990s and recently proposed mental capacity as a single, non-discriminatory standard, we aimed to offer insights for the Korean guardianship and mental health systems.

• The Korean Society of Law and Medicine
• /
• v.16 no.1
• /
• pp.221-254
• /
• 2015

The amendment of the Korea Civil Code will take place July 1, 2013. One of the most import issues related to adult guardianship system is a part. Though more than 100 new provisions, the revised Civil Code fundamentally reformed the guardianship system to establish a system to meet the diverse and complex needs of those who need a guardian and ensure due process. The new adult guardianship system intended to respect dignity and human right of mentally incapacitated adults, to guaranee their autunomy and to minimize the public interventions for assisting them. The new guardianship system for vulnerable adult has three kinds of legal guardianship system (adult guardianship, limited guardianship and specific guardianship). Mental patients forced the hospitalization of the mental health code and will be treated as an agreement incapable person. In principle an agreement incapable person has capacity of consent. The consent of the mental patients are admitted first. It is advisable to medical care only by the consent of the guardian when the the mental patient do not agree ability. If the mental patient do not agree with the mentally ill, but there should be a supervisory capacity for a guardianship of the couple guardian supervision. In conclusion, it not lost the capacity to consent to inpatient mental illness called. Therefore, we must discuss in detail the scope of the agreement for the mental patients. Mental Health Act amendments are necessary in accordance with the amended Civil Code.

• Korean Security Journal
• /
• no.10
• /
• pp.293-322
• /
• 2005

The culpability of a person, as determined by due process of law, for any of his actions that are defined as criminal. Determination of such responsibility is a legal function, not a psychiatric one, although a psychiatrist may be called upon to present evidence to the court in order to aid the judge or jury in reaching a decision as to responsibility. Determination of responsibility varies with the laws of the state in which the accused is being tried, but in general all states base their laws on three famous judicial decisions concerning criminal responsibility. 1. the M'Naghten(McNaughton) rule(a. to establish such a defense the accused, at the time the act was committed, must be shown to have been laboring under such defect of reason as not to know the nature and quality of the act he was doing, b. if he did know it, he did or know that what he was doing was wrong). 2. the irresistible impulse test. 3. the Durham decision. Under the Durham test, however, the psychiatrist may give any relevant testmony concerning the mental illness at issue. The psychological and behavioral appearance of a person, in clinical psychiatry this term is commonly used to refer to the results of the mental examination of a patient. The written report of the mental status usually contains specific references to the following areas: I. Attitude and General Behavior (1)General health and appearance. (2)General habits of dress. (3)Personal habits. (4)General mood. (5)Use of leisure time. (6)Degree of sociability. (7)Speech. II. Attitude and Behavior during interview (1)Co-operativeness. (2)Poise. (3)Facial expression. (4)Motor activity. (5)Mental activity. (6)Emotional reactions. (7)Trend of thought. III. Sensorium, mental grasp, and capacity (1)Orientation. (2)Memory and retention. (3)Estimate of intelligence. (4)Abstraction ability. (5)Tests of absurdity, interpretation of proverbs. (6)Judgment.

• The Korean Society of Law and Medicine
• /
• v.20 no.2
• /
• pp.83-107
• /
• 2019

This article focuses on §10 of Criminal Act of the Republic of Korea to discuss how to determine criminal responsibility of a perpetrator suffering from mental disorders, while reviewing existing process and standards of mental examination at each stage of the criminal procedure as well as exploring suggestions regarding how they should be complied. The determination of the sanity or criminal responsibility of the mentally ill as defined in the §10 of Criminal Act, by its nature, cannot be approached with a traditional, clear-cut dichotomy of biology by medical practitioner and psychology·normative science by lawyer. Looking into the actual procedure of determining mental and physical disorder with special consideration of mental illness reveals the inevitability of collaboration between lawyers and psychiatrists. In the meantime, the process and standards of mental examination at each stage of the criminal procedure must be definitive and clear. First of all, during the investigation stage, examination prior to prosecution should be more actively encouraged, considering that judging sanity of the perpetrator at the time of committing a criminal act is important. During the trial stage, the mandatory examination must be conducted depending on the sensitivity and gravity of the case. Next, medical examination to determine criminal responsibility and the one to order treatment and custody must be separately conducted in order to properly execute medical treatment and custody. Obligatory mental examination could be considered both during the stage of request for and execution of the treatment and custody. Lastly, the procedure of examination and format of examination documents need to be standardized for better objectivity and reliability.

• Journal of the Korea Society of Computer and Information
• /
• v.18 no.4
• /
• pp.201-211
• /
• 2013

The purpose of this study is to identify the educational effects of Whole language approach through ICT Education to see children with intellectual disorders's change after praticing this program. It's specially meant determine specially, It's impact on reading ability. by focusing reading comprehension. (comprehension of detail contents and memorizing of detail contents.) that is differences of other existing research. The subjects are 14-16 years old who are with intellectual disorders and This study utilized a single case. (1) Is there any effects of the whole language approach through ICT Education on comprehension of detail contents, (2) Is there any effects of the whole language approach through ICT Education on memorizing of detail contents. The result showed the following: First, the Whole language approach served to increased comprehension of detail contents of children with intellectual disorders. Second, the Whole language approach served to increased memorizing of detail contents of children with intellectual disorders. Third, the Whole language approach given to positive influence about maintenance that comprehension of detail contents and memorizing of detail contents of children with intellectual disorders.

• Journal of Digital Convergence
• /
• v.15 no.11
• /
• pp.271-283
• /
• 2017

The purpose of the study is to verify the effectiveness the preliminary Health Administrators' Social Problem Solving Competency(SPSC) through the application of the learner-centered program Convergence Design Thinking(CDT) conducted by undergraduate school of Intrapreneurship the integrated curriculum, and evaluation of SPSC improvement effect. A pre-post-questionnaire survey was carried out that started March to June 2016 among the forty-five second-year college students from the Health Administration Department who participated in the CDT during the 15 weeks training. The main results are as follows. CDT were positive influenced on the improvement of Negative problem orientation, Impulsive careless style(ICS) and Avoidance coping style of the preliminary Health Administrators' SPSC. Especially, female college student or the absence of working experience, it was effective on the improvement of ICS of the participants. This CDT program identified having positive effects on their participation, SPSC. To further improve SPSC, The development of integrated curriculum and application of creative teaching method like this CDT is highly recommended.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
• /
• v.12 no.6
• /
• pp.99-109
• /
• 2017

University learning for innovation places great importance on maximizing the creation of new opportunities. In other words, universities are carrying out a new meaning that entrepreneurship education should enable students to discover potential opportunities and play an important role in the development of new society and industry. However, current entrepreneurship education programs are being developed and are being developed from diverse perspectives on rapidly changing environments. However, there is a growing awareness of the necessity of developing more professional and systematic entrepreneurship education programs, and it is argued that the emphasis on necessity is not enough have. This study empirically analyzed the cognitive abilities that influence innovative behavior to create and realize innovative ideas and the usefulness of team-based learning that influences these factors. The results of empirical research showed that self-directed learning ability and problem solving ability had a positive effect on innovation behavior and problem solving ability had a positive effect on innovation behavior as a part of self-directed learning ability. Team-based learning in entrepreneurship education has been shown to be beneficial as a moderating effect on the relationship between problem-solving ability and self-directed learning ability and innovation behavior. In the case of four factors of team-based learning, Respectively. This study suggests the effectiveness and application of team-based learning method in entrepreneurship education.

• Journal of the Korean Academy of Child and Adolescent Psychiatry
• /
• v.13 no.1
• /
• pp.117-128
• /
• 2002

Objectives：For the purpose of obtaining the more vivid present status and prevention program of teenage pregnancy, this survey was done by Obstetricians, as study subject, who manage the pregnant teenager in real clinical situation. Methods：Structured survey form about teenage pregnancy was sent to 2,800 obstetricians. That form contained frequency, characteristics, decision making processes, and psychiatric aspects of the teenage pregnancy. 349 obstetricians replied that survey form and we analysed these datas. Results：(1) The trend of teenage pregnancy was mildly increased. (2) The most common cases were unwanted pregnancy by continuing sexual relationship with boyfriends rather than by forced, accidental sexual relationship with multiple partners. (3) The most common reason of labor was loss the time of artificial abotion. (4) Problems of pregnant girls' were conduct behaviors and poor informations about contraception rather than sexual abuse or mental retardation. (5) Most obstetricians percepted the necessity of psychiatric consultation, however psychiatric consultation was rare due to parents refusal and abscense of available psychiatric facility. (6) For the prevention of teenage pregnancy, the most important thing was practical education about contraception. Conclusions：Based on the result of this study, further study using structured interview schedule with pregnant girl is needed for the detecting risk factor of teenage pregnancy and effective systematic approach to pregnant girl.

• Korean Journal of Social Welfare Studies
• /
• v.44 no.2
• /
• pp.297-326
• /
• 2013

The purpose of this study was firstly to analyse the conceptualization of disability of the Mental Health Act and related laws and to suggest revision of the definition of psychiatric disability of Mental Health Act to improve the protection of human rights and welfare of the people with psychiatric disability. For these purposes this paper reflected on the disability models of WHO(1980, 2001) and multiple paradigm of disability of Priestley(1998) and suggested a new conceptualization of disability consists of impairment, functional disability, and social interactional disability. Based on the analyses of conceptualizations of psychiatric disability of related laws, this study suggested revision of Mental Health Act to distinguish between mental disorder and psychiatric disability, to introduce the definition of mental capacity, and to expand the conceptualization of social interactional disability.