• The Korean Society of Law and Medicine
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• v.13 no.1
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• pp.397-418
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• 2012

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.83-139
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• 2019

Recognition of liability for damages due to medical malpractice has been developed largely on the basis of two paths. First is the case where there is an error in a physician's medical practice and this infringes upon the legal interests of life and body, and the compensation for monetary and non-monetary damages incurred from such infringement on life and body becomes an issue. Second is the case where there is a breach of a physician's duty of explanation that results in a infringement on the patient's right of autonomous decision, and the compensation for non-monetary damages incurred from such infringement becomes an issue. However, even if there is a medical error, since it is difficult to prove the causation between the medical error of a physician and the infringement upon legal interests, the physician's responsibility for damage compensation is denied in some cases. Consider, for example, a case where a patient is already in the final stage of cancer and has a very low possibility of a complete recovery even if proper treatment is received from the physician. Here, it is not appropriate to refuse recognition of any damage compensation based on the reason that the possibility of the patient dying is very high even in the absence of a medical error. This is so because, at minimum, non-monetary damage such as psychological suffering is incurred due to the physician's medical error. In such a case, our courts recognize on an exceptional basis consolation money compensation for losing the chance to receive proper treatment. However, since the theoretical system has not been established in minutiae, what comes under the benefit and protection of the law is not clearly explicated. The recent discourse on compensating for damages incurred by patients, even when the causation between the physician's medical error and infringement upon the legal interests of life and body is denied, by establishing a new legal interest is based on the "legal principle of loss of opportunity for treatment." On what should be the substance of the new legal interest, treatment possibility argument, expectation infringement argument, considerable degree of survival possibility infringement argument and loss of opportunity for treatment argument are being put forth. It is reasonable to see the substance of this protected legal interest as "the benefit of receiving treatment appropriate to the medical standard" according to the loss of opportunity for treatment argument. The above benefit to the patient is a value inherent to human dignity that should not be infringed upon or obstructed by anyone, and at the same time, it is a basic desire regarding life and a benefit worthy of protection by law. In this regard, "the benefit of receiving treatment appropriate to the medical standard" can be made concrete as one of the general personal rights related to psychological legal interest.

• Korean Journal of Social Welfare Studies
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• v.42 no.3
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• pp.121-155
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• 2011

The purpose of this study as a research of experience of sexual offenders who are in confinement in prisons and forensic facilities is to theoretically investigate fundamental structures of their experiences and to practically construct basic data to present intervention programs of sexual offenders. This study was conducted by hermeneutical and phenomenological methods invoked of the analytic framework of Van-Manen (1990) about seven sexual offenders. The data were collected through in-depth interviews, and the results of the interpretation are shown as perception that they were victims of public opinion, the mark of Cain, loss of opportunity of examination caused by show window, collective differentiation through distinction, expression of metaphysical being that wants to slip out of the skin, counterplot of scientific management techniques, undifferentiation from the Imaginary, sexual acts shown as inverted communication, discovering dominant domain as forming reaction to being controlled, not being free from capitalistic attributes in which even children's sex is commercialized, distortion in socialization of sexual identity, paternity stamped as embodiment of suppressed desire, recovery of lost virginity of mother through children, and family as a name broken to pieces.

• Journal of Music and Human Behavior
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• v.2 no.2
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• pp.15-31
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• 2005

Terminal pediatric patient include congenital metabolic abnormalities, chromosome aberrations, congenital anomalies, neuromuscular diseases and other incurable conditions as well as malignant tumors. One third of these diseases are cancers, and two thirds of cancers are lymphadenoma and leukemia. Terminal pediatric patient may feel fear, anger and frustration against treatment process in hospitals, lose control of themselves and stay in helplessness due to restrictions within controlled hospital environment. This study examined the relationship between hospitalized childrens behavior and music using Contextual Support Model of Music Therapya theory stating therapeutic music environments possess three elements of Structure, Autonomy support and Involvement, and increase childrens active engagement. Focused on these three therapeutic elements, this study analyzed music therapy cases of terminally ill children to examine the relationship between childrens behavior and music as environmental supportive medium in the environment. This study is on a single case case subject, a 10-year-old girl with acute lymphocytic leukemia. Nine sessions of music therapy activities were conducted and analyzed using qualitative method. Focusing on three therapeutic elements of Contextual Support Model, analysis of sessions was made on the basis of activities specifically designed for this study. Main music therapy activities included singing while playing musical instruments, singing while listening to music through CD player, making up songs, and searching for song lines. The findings of this study are as follows: a) in terms of Structure, music therapy suggested a direction for effective musical activities for terminally ill children by providing environments where child can sing, play musical instruments and make up songs; b) in terms of Autonomy support, music therapy encouraged childs voluntary participation by giving her chances to make choice while singing or playing musical instruments; c) in terms of Involvement, child could gain positive approval of the therapist and conduct musical activities in cooperation with the therapist. Music therapy serves as supportive medium in the environment, develops spontaneity and self-reliance in emotionally depressed children, and promotes voluntary attitudes in the restricted hospital environment. Based on the positive effects of music therapy, more studies need to be conducted with an approach to more various terminal pediatric patients.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.4 no.2
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• pp.1-19
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• 2009

American Psychiatric Association defined hwa-byung as a unique mental illness of Korea, a kind of anger syndrome. This illness caused by the Korean culture is more often found on women than men, especially middle-aged women. The cause of hwa-byung mainly depends on the traditional family structure of Korea formed by Confucianism. Other causes that many middle-aged women suffer from hwa-byung are that their low education level originated in their wrong-recognized position in society and poverty in the past makes them not to be able to control their minds effectively(social psychological factor), and that they get stressed and depressed because of loss of their position in the family after their children leave home and the menopause which hurts their feminine beauty (physiological factor). So, this program aims at letting them to; 1) experience catharsis of the negative feelings which causes hwa-byung by expressing in psychodrama, 2) ease the symptoms of hwa-byung by relaxing their mind, 3) understand themselves through sharing their feelings and thinking at the group level, 4) acquire the opportunities to stabilize and expand their role in their real lives through the role playing.

• Industry Promotion Research
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• v.5 no.3
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• pp.53-60
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• 2020

This paper describes the role of counselors' transitional object for the therapeutic activation of clients who have lost the function of selfobject based on Heinz Kohut's Self theory. In this study, it was an opportunity to confirm that human beings need self-target throughout their lives. Next, referring to the process of metamorphic internalization, infants return to reality from a fantasy world, experiencing parental limitations due to optimal frustration through self-targeting. The role of a counselor as a transfer target shall ensure that the counsellor establishes an cohesive self-identity and uses the appropriate self-target. And they should empathize with the over-the-topism and flauntism of the physician, and the counselor should be the object of idealization, giving the interviewer the opportunity to be recognized and identified. The counselor may provide the best frustration for the counsellor during the consultation process. When the counselor acknowledges his mistake, the counselor looks at the counselor realistically and builds a healthy self to achieve transformative internalization. If you form an cohesive self to a physician through counseling, you can empathize with others and form a healthy human relationship. Then you can control your emotions and have a vision. And the patient realizes that he or she has no choice but to live by having a relationship with the right person throughout his or her life.

• Journal of Korea Game Society
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• v.15 no.5
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• pp.57-78
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• 2015

This Study is the effect of the inclusive institution on a nation's economic development. Therefore, we focused on the gaming industry as an index that can drive the economic growth in the future. The reason to compare the game institution in South Korea and Germany is that both countries began to develop the game by the State, but the game institution in South Korea and Germany at the present time are sharply opposed, because the institutions can focus on the main points that are experiencing this difference. The results of this study, first, open/closed network in institutionalized aspect affects the social status of the game. This second, game workers in the legal institution has been classified as artists in Germany, as addicts in South Korea. And, Germany also has incentives to creators protected profits reinvested in the gaming industry, Korea leads to punitive exploitation is being transferred to the group for addiction treatment that revenue. Third, this exclusive and inclusive institutional system could affect the stable growth of the game market. As a result, South Korea's state institutions will notice that you get a result away from opportunities for economic development due to the loss of inclusiveness.

• Journal of Hospice and Palliative Care
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• v.14 no.2
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• pp.81-90
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• 2011

Purpose: This study is to understand how community members perceive past life recollection and preparation for death. Methods: Using a questionnaire, we surveyed 160 adult residents of one of the districts (gu) in Seoul, Korea. Descriptive statistics were used. Results: Participants chose their 30s and 40s as the most difficult time in their lives. The most painful experience was "an illness of a family member", followed by "trouble with a spouse", and "trouble with children". As for the most difficult social experience, "sense of loss in life" was ranked the highest. Personally, the happiest time was "accomplishment of a goal", while it was "happiness through children" in family relationship and "contribution to society through my career" in social life. As for the most regrettable experience, personally "having lived without purpose" was the highest, "not meeting my parents' expectation more" in family relationship; "not providing sufficient education" in relationship with children; "not having an occupation that I wanted" in work life, and "lack of social skills" in social life. More than 87% of the surveyed showed a positive attitude about the system of the do not resuscitate (DNS) order. For a situation where participants were supposed to have an incurable disease, "I want to be notified of the true condition" and "I want to write a will and advanced directives" ranked high, receiving more than 3.1 points out of 4. Conclusion: These results demonstrate the need for death education to provide people with an opportunity to accept their regrettable experiences in the past as part of their life. Also, this study suggests the importance of writing advanced directives for people to prepare for "death with dignity" how it can help their decision to be better respected.

• The Korean Society of Law and Medicine
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• v.18 no.2
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• pp.163-194
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• 2017

Coronary artery disease has increased in Korea as the country enters the aged society. It is well known that the incidence of coronary artery disease is related to aging, hypertension, diabetes, hyperlipidemia, and dietary habit. For effective treatment of significant coronary stenosis, close coordination between cardiac surgery and cardiology team is essential. Especially cardiologists' decision whether to do the stent placement or CABG is very important because the cardiologists usually start to consult the patients for their treatment. Recently, non-surgical interventions(that is stent placement) in cardiology field have dramatically increased as the national insurance system removed the limitation of the number of stents deployed. However, accidents are often caused by inappropriate use of stents, especially in patients with triple coronary disease or left main disease with heavy coronary calcifications. Another aspect of stent placement is to cope with an emergency case in the event of coronary rupture or pericardial tamponade during coronary interventions without cardiac surgeons. In the past two years, the Korea Consumer Agency (Consumer Dispute Coordination Committee) analyzed eight cases of medical dispute settlement. Only two hospitals were manned with both cardiologists and cardiac surgeons. Seven patients died of procedures of stenting and five patients died on the day of the procedure. Among the 8 cases, 5 cases showed 3 vessel disease and the rest of the cases had either severe calcification, complete occlusion or poor coronary antomies for stenting According to a 2017 national data registry of coronary stenting, less than 3 drug-eluting stents were implanted in 98% of all patients. In 2015, the number of stent procedures was 38,922, and approximately in 800 (2%) cases, more than four stents were used per patient. We emphasize that it is necessary to seriously consider the cost-benefit analysis between stent and CABG. The patient has the right to choose the right procedure by asking the liability of 'instruction explanation obligation'. He should be well informed of the pros and cons of both procedures to avoid overuse of stent. It can be solved by intimate discussion of individual cases with the cardiac surgeon and the patient. Unilateral dialogue with the patient, forceful restriction on the number of stenting, lack of surgeon's backup in difficult cases should all be avoided. It is also necessary to solve the problem not only at the hospital level, such as multidisciplinary integrated medical care, but also a nationwide solution such as expanding cardiac surgeons as essential personnel to public officials.