• Title/Summary/Keyword: 후견인

Search Result 63, Processing Time 0.03 seconds

A Study on Policies for Supporting Small/Medium Business in Software Industry (중소기업 소프트웨어기업 지원제도에 관한 연구)

  • Kim, Joong-Han
    • 한국IT서비스학회:학술대회논문집
    • /
    • 2002.11a
    • /
    • pp.74-81
    • /
    • 2002
  • 중소기업의 역할과 특징에 비추어 볼 때 중소기업에 대한 국가 차원에서의 후견적 지원의 필요성에 대하여는 부언의 여지가 없다고 할 것이다. 중소기업은 시장에서 독자적으로 경쟁기능을 확보하는 것이 곤란한 거래주체인 만큼, 국가 차원에서의 후견적 지원은 중소기업이 실질적으로 대등한 경쟁이 가능하도록 그 지위를 향상시키고 부당한 불이익을 방지할 수 있도록 권리를 옹호하는 내용으로 전개되어야 할 것이다. 본 연구에서는 소프트웨어산업의 특성과 중소기업의 중요성을 살펴보고 효과적인 지원정책의 수립을 위하여 외국의 중소기업지원 사례를 조사하고 시사점을 분석한다.

  • PDF

Review and Interpretation of Health Care Laws Based on Civil Law (보건의료관련 법령의 동의에 관한 민법적 검토)

  • Yi, Jae Kyeong
    • The Korean Society of Law and Medicine
    • /
    • v.23 no.4
    • /
    • pp.75-102
    • /
    • 2022
  • In this article, 「Act on the hospice and palliative care and decisions on life-sustaining treatment for patients at the end of life」, 「Act On The Improvement Of Mental Health And The Support For Welfare Services For Mental Patients」, 「Organs Transplant Act」, 「Safety And Management Of Human Tissue Act」, 「Pharmaceutical Affairs Act」, 「Prevention Of Acquired Immunodeficiency Syndrome Act」, 「Tuberculosis Prevention Act」, 「Infectious Disease Control And Prevention Act」 were reviewed. Patients' right to self-determination and consent in these laws are related to civil law. even though they are closely related to the civil law in relation to patients' right to self-determination and consent. In order to consistently operate medical administration, it is necessary to understand the principles of civil law decision-making.

BUSINESS GUIDE_경영상식/세무,노무,환경 - 멘토링제도의 이해와 실무 가이드(1)

  • 한국전기제품안전협회
    • Product Safety
    • /
    • s.200
    • /
    • pp.80-85
    • /
    • 2010
  • 최근 멘토링제도(Mentoring Program)가 신입사원 교육의 일환으로 기업들 사이에 확산되고 있는 추세이다. '후견인, 벗바리, 빅브라더, 가디언' 등이 그 대표적인 예라 하겠다. 이러한 멘토링 제도의 확산은 선배 사원의 회사 생활에 대한 적절한 조언과 업무 스킬 및 자식교육이 신입사원들의 회사 및 업무에 대한 신속한 적응에 유용하다는 인식에 기반하고 있다고 볼 수 있다. 한 예로, 작년 인터넷 채용 정보 업체의 잡링크가 160여 개 기업을 조사한 바에 따르며, 47.5%는 멘토링제도를 활용하고 있다고 응답하였으며, 42.5%는 적극 검토중이거나 도입할 예정이라고 한다. 그러나 멘토링은 신입사원에게만 국한되어 활용되는 것이 아니다. 기업이 직면하고 있는 상황에 맞게 다양한 목적으로 여러 구성원들에게 활용될 수 있다. 멘토링제도의 개념과 목적, 그리고 실행상의 핵심 포인트에 대해 살펴보자.

  • PDF

A Study on the Coping Experience of Mental Disorder Symptoms (정신장애인의 정신질환 증상 대처 경험에 관한 연구)

  • Kim, Nanghee;Song, Seung-yeon;Kim, Hyojung
    • Journal of Convergence for Information Technology
    • /
    • v.11 no.5
    • /
    • pp.158-167
    • /
    • 2021
  • This work aims to explore personal coping and insight experience in mental disorder symptoms from the perspective of the parties in order to lay an empirical basis for the transition of the mental health service paradigm from a medical model to a human rights model. For this purpose, in-depth interviews with 8 persons with mental disorders were conducted and a model of practice was suggested through analysis using the grounded theory. As a result, 11 categories, 23 sub-categories and 132 concepts were identified. According to the analysis of this study, people with mental disorders have changed their perspective on symptoms through in-depth insight into their identities and symptoms as mental disorders, and discovered their own autonomous ways to cope with symptoms, managing their daily lives. Therefore, in developing a Korean alternative model for people with mental disorders, it is necessary to prepare conditions to find their own countermeasures through opportunities for insight.

Acceptance, Modification and Rejection of Paternalism in Korean Medical Law (한국 의료법에서 후견주의 이념의 수용, 변형 그리고 거부 - 치료중단에 대한 법원 판결을 중심으로 -)

  • Kim, Na-Kyoung;Harmon, Shawn H.E.
    • Development and Reproduction
    • /
    • v.14 no.2
    • /
    • pp.143-154
    • /
    • 2010
  • This article analyzes two leading Korean cases which led to opposite conclusions: the Boramae Hospital Case (Korean Supreme Court 2002 Do 995) and the Shinchon Severance Hospital Case (Korean Supreme Court 2009 Da 17471). In doing so, it pays particular attention to the acceptance, modification, and rejection of paternalism, specifically 'physician paternalism' and 'familial paternalism', both of which have long and strongly influenced the Korean medical environment. In Boramae Hospital, the Court emphasized the obligation of the physician in terms of the life of the patient (eg: protecting and preserving the life and welfare of the patient). Its position seemed to be based on the traditional physician paternalism which presupposes the ability of physicians to identify right and wrong choices according to natural laws. However, the Court saw itself as the final arbiter of who identifies and determines the real world content and consequences of that natural law. In short, the Court elevated itself to the supreme guardian of the patient, and held that its decision cannot be overruled by that of the patient's family. So without specifically referring to the importance of the family and the role of familial decisions, both long-observed traditions in medical decision-making in Korea, the Court shifted away from familial paternalism. In Shinchon Severance Hospital, the Court explained the meaning of the patient's powers of self-rulemore concretely, explaining its scope and substance in greater detail. The Court held that one can exercise the right of self-rule, even over issues such as death, in the form of 'previous medical directions'. However, this case does not represent a wholesale acceptance of medical autonomy (ie: it does not accept self-rule unconditionally). Rather, the Court accepted the importance of the opinions and decision of physicians and of the Hospital Ethics Commission, and the Court still retained to itself the authority to review and make alterations to 'material' decision. The Court did not overlook the importance of the decision of the patient's family, but it also did not relinquish its status as supreme guardian, emphasizing the 'objective' nature of a decision from the court.

A Study on the Effects of the Antipoverty Policy in Local Community : Focusing on the Self-Support System In Korea (지역사회 탈빈곤 정책의 효과 분석 : 경남, 전북지역 자활후견기관 운영의 성과 및 한계 분석과 개선방안의 모색)

  • Lee, Sang-Rok;Jin, Jae-Moon
    • Korean Journal of Social Welfare
    • /
    • v.52
    • /
    • pp.241-272
    • /
    • 2003
  • The Self-Support Program was introduced as an antipoverty policy at 2002 year in Korea. But, the Self-Support Program's negative or positive effects have been debated from diverse perspectives to the present. Thus, in this paper, we analyzed the effects of the Self-Support Program using the survey data from program participants. Even though the effects of Workfare Programs can be evaluated by various indicators(ex. income, employment status, poverty status, etc.), in our analysis the effects of the Self-Support Program are evaluated by participants' self-reliant attitudes and behaviors. Major findings are as follows. First, we found that some kinds of self-reliant attitudes(ex. work commitment, self-esteem, etc.) were build up through participation on the Self-Support program, but some kinds of self-reliant factors(job competence and skill, self-sufficiency prospect, etc.) which are more relevant to the self-sufficiency were not build up thorough it. Second, we found the positive effects of the program among people who are females, olders, less educated, more healthy, and the participants who have acquired more certificate of qualifications. Third, we also found that self-support center's job training program, adequate task matching, agency climates and intra-networks influence on the positive effects of the Self-Support Program. These findings suggest that the Self-Support Program has not been successful up to now and it's reformations are required. It means that objectives of the Self-Support Program as an anti-poverty policy must be obvious and program contents must be diverse. And also program administration systems need to be reformed in oder to raise the effectiveness of the Self-Support Program.

  • PDF

Permanency Plan for Adults with Mental Illness : Focused on Mental Health System of New Zealand (성인정신장애인의 평생계획모형 : 뉴질랜드 정신보건서비스를 중심으로)

  • Seo, Mi-Kyung
    • Korean Journal of Social Welfare
    • /
    • v.58 no.2
    • /
    • pp.33-56
    • /
    • 2006
  • Primary care takers, especially older parents, who live with and care for an adult child with mental illness struggle with the dilemma of who will provide for their child's social and emotional needs and physical care requirements when they can no longer care so. Therefore, 'Permanency plan(financial, residential, legal plan)' is very important for social integration and normalization of mental illness adults. This study aims to introduce the mental health systems in New Zealand and to investigate the permanency plan strategies(benefit, supplements, and the laws) of the government and community support services of NGOs through the interviews with team leaders of representative NGO, Te Korowai Aroha. Permanency plan strategies of New Zealand Government and NGOs are as follows. 1) Financial plans for adults with mental illness include main benefit(invalid benefit), various allowances(family allowance and disability allowance), and wage subsidies for employment. 2) The Government provide accommodation supplement and re-establishment grant for residential plan. And NGOs have supported accommodation program to provide support and accommodation that are important for social integration. 3) Adult mental illness is provided the support of welfare guardian and property manager under the Protection of Personal and Property Rights Act. According the results, this study concluded that social services for the mental illness which secure supported accommodation and benefits is strongly needed. At the same time, mental health delivery system is needed to make distinction between social services and clinical services.

  • PDF

The Adult Guardianship and Medical Issue According to the Amendments of Civil Code (성년후견과 의료 -개정 민법 제947조의 2를 중심으로-)

  • Park, Ho-Kyun
    • The Korean Society of Law and Medicine
    • /
    • v.13 no.1
    • /
    • pp.125-153
    • /
    • 2012
  • The adult guardianship system has been introduced through amendments of Korean Civil Code for the first time in the March 2011(Act No. 10429, 7. 1. 2013. enforcement). The adult guardianship system has the main purposes to provide a lot of help vulnerable adults and elderly, and protect them on the welfare related with property act, treatment, care, etc. There could be a controversy about whether the protection Legal Guardian's consent(formerly known as the Mental Health Act) or permission of the Family Court(revised Civil Code) are required to, or the Mental Health Act should be revised, when mental patient will be hospitalized forcibly. The author proposes that mental patient with Adult guardians should be determined by Legal Guardian's consent and approval of the Family Court, but mental patient without Adult guardians could be determined by Legal Guardian's consent. The issue of Withdrawing of life-sustaining treatment could be occurred due to the aging society and the development of modern medicine, and this has provided difficult, various problems to mankind in Legal, ethical, and social welfare aspects. The need of Death with dignity law or Natural death law has been reduced for a revision of the Civil Code. Therefore, on the issue of Withdrawing of life-sustaining treatment, in the future, intervention of the court is necessary in accordance with the revised Civil Code Section, and Organ Transplantation Act and the brain death criteria may serve as an important criterion.

  • PDF

Neurotechnologies and civil law issues (뇌신경과학 연구 및 기술에 대한 민사법적 대응)

  • SooJeong Kim
    • The Korean Society of Law and Medicine
    • /
    • v.24 no.2
    • /
    • pp.147-196
    • /
    • 2023
  • Advances in brain science have made it possible to stimulate the brain to treat brain disorder or to connect directly between the neuron activity and an external devices. Non-invasive neurotechnologies already exist, but invasive neurotechnologies can provide more precise stimulation or measure brainwaves more precisely. Nowadays deep brain stimulation (DBS) is recognized as an accepted treatment for Parkinson's disease and essential tremor. In addition DBS has shown a certain positive effect in patients with Alzheimer's disease and depression. Brain-computer interfaces (BCI) are in the clinical stage but help patients in vegetative state can communicate or support rehabilitation for nerve-damaged people. The issue is that the people who need these invasive neurotechnologies are those whose capacity to consent is impaired or who are unable to communicate due to disease or nerve damage, while DBS and BCI operations are highly invasive and require informed consent of patients. Especially in areas where neurotechnology is still in clinical trials, the risks are greater and the benefits are uncertain, so more explanation should be provided to let patients make an informed decision. If the patient is under guardianship, the guardian is able to substitute for the patient's consent, if necessary with the authorization of court. If the patient is not under guardianship and the patient's capacity to consent is impaired or he is unable to express the consent, korean healthcare institution tend to rely on the patient's near relative guardian(de facto guardian) to give consent. But the concept of a de facto guardian is not provided by our civil law system. In the long run, it would be more appropriate to provide that a patient's spouse or next of kin may be authorized to give consent for the patient, if he or she is neither under guardianship nor appointed enduring power of attorney. If the patient was not properly informed of the risks involved in the neurosurgery, he or she may be entitled to compensation of intangible damages. If there is a causal relation between the malpractice and the side effects, the patient may also be able to recover damages for those side effects. In addition, both BCI and DBS involve the implantation of electrodes or microchips in the brain, which are controlled by an external devices. Since implantable medical devices are subject to product liability laws, the patient may be able to sue the manufacturer for damages if the defect caused the adverse effects. Recently, Korea's medical device regulation mandated liability insurance system for implantable medical devices to strengthen consumer protection.