• Title/Summary/Keyword: 지위

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Patient's 'Right Not to Know' and Physician's 'Duty to Consideration' (환자의 모를 권리와 의사의 배려의무)

  • Suk, HeeTae
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.145-173
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    • 2016

  • A patient's Right to Self-Determination or his/her Right of Autonomy in the Republic of Korea has traditionally been understood as being composed of two elements. The first, is the patient's Right to Know as it pertains to the physician's Duty to Report [the Medical Situation] to the patient; the second, is the patient's Right to Consent and Right of Refusal as it pertains to the physician's Duty to Inform [for Patient's Consent]. The legal and ethical positions pertaining to the patient's autonomous decision, particularly those in the interest of the patient's not wanting to know about his/her own body or medical condition, were therefore acknowledged as passively expressed entities borne from the patient's forfeiture of the Right to Know and Right to Consent, and exempting the physician from the Duty to Inform. The potential risk of adverse effects rising as a result of applying the Informed Consent Dogma to situations described above were only passively recognized, seen merely as a preclusion of the Informed Consent Dogma or a denial of liability on part of the physician. In short, the legal measures that guarantee a patient's 'Wish for Ignorance' are not currently being understood and acknowledged under the active positions of the patient's 'Right Not to Know' and the physician's 'Duty to Consideration' (such as the duty not to inform). Practical and theoretical issues arise absent the recognition of these active positions of the involved parties. The question of normative evaluation of cases where a sizable amount of harm has come up on the patient as a result of the physician explaining to or informing the patient of his/her medical condition despite the patient previously waiving the Right to Consent or exempting the physician from the Duty to Inform, is one that is yet to be addressed; that of ascertaining direct evidence/legal basis that can cement legality to situations where the physician foregoes the informing process under consideration that doing so may cause harm to the patient, is another. Therefore it is the position of this paper that the Right [Not to Know] and the Duty [to Consideration] play critical roles both in meeting the legal normative requirements pertaining to the enrichment of the patient's Right to Self-Determination and the prevention of adverse effects as it pertains to the provision of [unwanted] medical information.

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A Study on the Environmental Instruction focused on ethical inquiry in elementary school (윤리적 탐구 중심의 초등 도덕과 환경수업)

  • Song, Youngmin
    • The Journal of Korean Philosophical History
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    • no.28
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    • pp.87-116
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    • 2010

  • In elementary, environmental education have been doing in various subjects. The features of environmental instruction would be reflected on contents of environmental education and characteristics of each subjects. These contents of environmental education might be contained normative contents, and it is moral subject that treats these normative contents systematically. Then environmental instruction of moral subject in elemental school should be approach and inquire teaching contents related to environment education. In elementary school curriculum of moral subject, teaching contents related to environment are 'preciousness of life' and 'right views of Nature and protection of the environment'. By these contents, moral instruction can approach to life of animal and plants centered on the reason to take them preciously and relation between nature and humans centered on the moral consideration. It is a difference that approaches to the environmental education not by factual understanding but by normative understanding in moral instruction. It must be focused on ethical inquiry for normative approach and reserving identity of moral subject. Necessary conditions for ethical inquiry to the environmental instruction are moral status of things besides humans. For the ethical inquiry to the moral status of nature environments, teachers could be set the logic of instruction based on the developments of environmental ethics. Formal cohesiveness of environmental instruction could be developed in sequence of ethical inquiry on moral status to the life of animal, life of plants, and whole system of nature. For this, teacher could reflect on their instruction focused on some explanations. That is, it is explanation to the animal life based on the individual-extended human oriented ethics for human, plants life based on the individual-non human oriented ethics, whole natural system based on the holistic-non human oriented ethics. When teachers reflect these explanation, they can compose their instruction as 'finding something in common with humans and animals', 'reflection on the attitude to the commons', 'thinking about reasons on the different attitudes to the commons', 'the things that disappear as plants die', 'thinking on values about non organism'. These plan of instruction could be critically reconstruct by other teachers. But environmental consciousness by ethical inquiry should be hold on instruction to the environment reflected on identity of moral subject.