• Title/Summary/Keyword: 후견

Search Result 57, Processing Time 0.021 seconds

A Study on the Method of Legislation on Withholding or Withdrawing of LST -In relation to the introduction of adult guardianship- (연명치료 중단의 입법화 방안에 관한 연구 - 성년후견제도의 도입과 관련하여 -)

  • Lee, Eun-Young
    • The Korean Society of Law and Medicine
    • /
    • v.10 no.2
    • /
    • pp.203-249
    • /
    • 2009
  • It is the so-called Shinchon Severance Hospital Case brought to an end by the decision of the Supreme Court that opened the real discourse of withholding or withdrawing of LST (Life-Sustaining Treatment) in the legal profession as well as medical profession in Korea. Everyone has sympathy with the validity and necessity of legal regulation on withdrawing-including withholding-of LST save the requirements & procedure of withdrawing of LST. In this situation, the legislative bill of amendment to the Korean Civil Law introducing of adult guardianship was pre-announced by the Ministry of Justice on September 18th 2009. The adult guardianship is a guardianship system that supports an mentally handicapped adult to deal with his affairs by support of a guardian. The object of adult guardianship includes affairs of body or well-being as well as property of adult wards. In particular, affairs of medical matters are of importance in the duty and authority of adult guardians. So, the introduction of adult guardianship is of much importance de lege lata as well as de lege ferena in the discussion of withdrawing of LST as a medical treatment. Since the legislation on withdrawing of LST intents to protect the right of death with dignity on the basis of patients' autonomy, the ratio legis of withdrawing of LST is variant from that of adult guardianship. In this context, it seems reasonable to legislate the withdrawing of LST separately from the adultguardianship. In the meantime, the adult guardianship of the legislative bill of amendment to the Korean Civil Law is related to the withdrawing of LST, since the main purpose of adult guardianship is to protect patients' quality of lives and to regulate guardianship contracts based on patients' autonomy. In that context, it seems reasonable to incorporate the legislation of withdrawing of LST into the adult guardianship system. In the latter case, it is not easy to adopt the withdrawing of LST into the legislative bill of the Korean Civil Law for the bill is pre-announced already as previously stated. However, the legislation of withdrawing of LST is not inferior to the legislation of adult guardianship as a matter of urgency. Moreover, it is likely that the legislative bill of Amendment to the Korean Civil Law generates discrepancies in interpretation of the requirements & procedure of withdrawing of LST as the amended German Civil Law did. In short, it is desirable for the legislator to revise the legislative bill despite delay.

  • PDF

Rechtsvergleichende $\ddot{U}$berpr$\ddot{u}$fungen $\ddot{u}$ber zwangsunterbringung der psychischen Patienten (정신질환자의 비자발적 입원에 관한 비교법적 검토 - 독일법을 중심으로 -)

  • Yi, Jae-Kyeong
    • The Korean Society of Law and Medicine
    • /
    • v.10 no.2
    • /
    • pp.183-201
    • /
    • 2009
  • Im Allgemeinen auch psychische Patienten k$\ddot{o}$nnen sich daruber selbst entscheiden, $\ddot{a}$rztliche Behandlung zu nehmen und ins Krankenhaus aufgenommen zu werden. Im S$\ddot{u}$dkorea bei der zwangsweisen Unterbringung wird kein KBGB des privatlichen Rechts, sondern Gesetz $\ddot{u}$ber psychisch Gesundheitspflege des $\ddot{o}$ffentlichen Rechts vorz$\ddot{u}$glich verwandt. Aber das noch kann ein selbst Bestimmungsrecht von der psychischen Patient verletzen. Im Deutschland regelt BGB $\S$ 1906 Zwangsunterbringung der psychische Patienten, die Gef$\ddot{a}$hr des Selbstmord oder der Eigengef$\ddot{a}$hrdung haben. Au$\ss$erdemhat jedes Land eigen Gesetz $\ddot{u}$ber psychischen Kranken, das $\ddot{o}$ffentliche Vorschrift f$\ddot{u}$r Zwangsunterbringung regelt. Im Fall der Zwangsunterbringung im Deutschland BGB $\S$ 1906 wird prim$\ddot{a}$rer als $\ddot{o}$ffentlich Rechts verwandt, um die Selbstbestimmungsrecht der Patienten zu unterstutzen. Auch im Korea KBGB (koreanisches B$\ddot{u}$rgerliches Gesetzbuch) Ver$\ddot{a}$nderungen f$\ddot{u}$r die Einf$\ddot{u}$hrung des Betreuungsrechts, die sich mit der Zwangsunterbringung befassen, sollten diskutiert werden, damit die Selbstbestimmung sch$\ddot{a}$tzen.

  • PDF

A Review on Consent to the Medical Treatment in the case of Foreign Determination (의료행위와 대리승낙)

  • Lee, Seok-Bae
    • The Korean Society of Law and Medicine
    • /
    • v.15 no.1
    • /
    • pp.303-333
    • /
    • 2014
  • The right to self-determination in regard to one's body is a key element of human dignity, privacy and freedom. It is constitutionally enshrined in the guarantee of human dignity, in the general right of personality and, most concretely of all, in the right to physical integrity. In principle No-one may trespass another person's body against his will, whether this act improves his physical condition or not. This right of self-determination applies equally to healthy and to sick people. Hence everyone has the right either to permit or to refuse a medical treatment, unless he can not make a rational decision. If the person does not consent himself, for whatever reason, another one must do for him as guardian. Representation in consent to medical treatment is therefore the exception of self-determination rule. This article explored, 1. who can consent to the medical treatment in the case of the mentally incapacitated adult and the infant, 2. what kind of consent to the medical treatment can the deputy determinate for the mentally incapacitated adult and the infant, 3. when the deputy can not determinate without permission of the court, and 4. what can the doctor do in the case of conflict between minors and guardians.

  • PDF

A Clinical Study of Bee Venom Acupuncture Therapy on Shoulder Pain Patients in Stroke Sequelae (중풍후견증(中風後遣症)으로 인한 견비통(肩譬痛) 환자(患者)의 봉약침치료(蜂藥鍼治療)에 대한 임상적(臨床的) 고찰(考察))

  • Lee, Dae-Yong;Yeom, Seung-Chul;Kim, Do-Ho;Kim, Dae-Joong;Lee, Geon-Mok
    • Journal of Acupuncture Research
    • /
    • v.23 no.4
    • /
    • pp.69-80
    • /
    • 2006
  • Objectives : The occurrence of shoulder pain after attack of stroke varies from 15% to about 80% in patients. Hemiplegic shoulder pain has been shown to affect stroke outcome in a negative way that it interferes with recovery after a stroke. These following processes have been all postulated as causes of a shoulder pain: glenohumeral subluxation, spasticity, impingement, soft tissue trauma, glenohumeral capsulitis, shoulder hand syndrome. And stroke patients may suffer from pain caused by stroke itself(central post-stroke pain). The aim of this study is to investigate the effectiveness of Bee venom therapy for shoulder pain in stroke patients. Methods : To evaluate the effectiveness of Bee Venom Acupuncture Therapy, 40 patients were allocated into control and treatment group. They were monitored for 3 weeks and followed up with VAS score(with the interval of Initial(YAS1)), 1 week later(VAS2), 2 weeks later(VAS3), 3 weeks later(VAS4), Motor Grade and Passive ROM. Results : VAS score decrease in treatment group compared to control group. Bee Venom Acupuncture Therapy seems to decrease hemiplegic shoulder pain and this effect was statistically significant after 3 weeks. Therefore this therapy could be recommended for the treatment of patients with shoulder pain after stroke and further extensive clinical studies are expected. Conclusion : We suggest that GDS oral administration and electro-acupuncture at $BL_{52}$ & $GB_{39}$ are available for prevention and curing about the postmenopausal osteoporosis.

  • PDF

Preparation and Evaluation of Dried Noodles Using Barley-Wheat and Barley-Soybean Flours (보리-밀 및 보리-콩 복합분(複合粉)의 제면성(製麵性) 및 제품특성(製品特性)에 관(關)한 연구(硏究))

  • Cheigh, Hong-Sik;Ryu, Chung-Hee;Kwon, Tai-Wan
    • Korean Journal of Food Science and Technology
    • /
    • v.8 no.4
    • /
    • pp.236-241
    • /
    • 1976
  • A barley (20-30%)-wheat (80-70%) flour gave generally acceptable noodle-making characteristics, in which naked barley flour showed somewhat better results than covered barley flour. And also for over 40% barley flour in the barley-wheat flour, the addition of xanthan gum improved the noodle-making characteristics. A naked barley-defatted soy flour could make dried noodles with only high NSI (Nitrogen Solubility Index) defatted soy flour, however this mixture was not considered to be feasible for noodle-making. In cooking characteristics of barley-wheat flour noodles, naked barley flour was more acceptable than covered barley flour and xanthan gum influenced the water absorption and volume expansion of noodles during cooking. The firmness, cohesiveness and gumminess in cooked noodles made of the barley-wheat flour increased and then decreased as the amounts of barley increased. The mixing of defatted soy flour (high NSI) to naked barley flour increased the firmness and gumminess of cooked noodles.

  • PDF

New DNA of the Korean welfare state: Towards social liberalism and freecurity (한국 복지국가의 새로운 DNA: 사회적 자유주의와 자유안정성을 향하여)

  • Choi, Young Jun
    • 한국사회정책
    • /
    • v.25 no.4
    • /
    • pp.39-67
    • /
    • 2018
  • The Korean welfare state has achieved remarkable development during the last two decades, but simultaneously we have witnessed growing prevalent social conflicts and exclusion in the society. This research argues that the source of current problems lies in the nature of the Korean welfare regime, so called, 'paternalistic liberalism'. The paternalistic liberalism has been formulated by the combination of legacies of the developmental state and neo-liberalism. Paternalism with the growth-oriented and employment-centered approach has been a significant factor to restrict individuals' freedom and happiness in the Korean welfare state. It has also been embedded in the Korean welfare state such as social insurance, workfare programs, and centralized social services. In this context, this research proposes social liberalism, pursuing real freedom for all, as a new paradigm for the Korean welfare state. Breaking from the old path, Freecurity, combining freedom and security, which is argued to be the upgraded version of flexicurity, is also newly proposed as the operating model of social liberalism.

The Study on the Factors of the Job Satisfaction among Workers of Independent Living Support Centers for the Disabled (장애인자립생활센터 종사자의 직무만족도에 영향을 미치는 요인)

  • Kim, Ja-Young;Choi, Yun-Young
    • The Journal of the Korea Contents Association
    • /
    • v.21 no.6
    • /
    • pp.336-349
    • /
    • 2021
  • The purpose of the research is to analyze the factors affecting the job satisfaction of workers of Independent Living support centers for the disabled focusing on demographic factors, organizational factor, job factor, and psycho-emotional factors. A survey was conducted on 236 workers at 108 centers, and a logistic regression was conducted to analyze to factors affecting the job satisfaction of the center workers. health status, job suitability and self-efficacy are found to have a significant effect on job satisfaction among workers of centers. Based on these findings, specific measures and suggestions are proposed to improve job satisfaction among workers of Independent Living support centers for the disabled.

Self-Efficacy effects on Job Burnout of Workers of Independent living support centers for the disabled: Focusing on Mediating Effects of Empowerment (장애인자립생활센터 종사자의 자기효능감이 직무소진에 미치는 영향: 임파워먼트의 매개효과를 중심으로)

  • Kim, Ja-Young;Choi, Yun-Young
    • Journal of Convergence for Information Technology
    • /
    • v.11 no.5
    • /
    • pp.86-93
    • /
    • 2021
  • The purpose of this study is to examine whether empowerment mediates the association between self-efficacy and job burnout of workers of independent living support centers for the disabled. The data were collected through a survey of workers in 108 centers. Findings of the research is as followed. First, we found that self-efficacy as well as empowerment had negative effect on job burnout of workers in centers. Second, we found that empowerment had negative effect on job burnout of workers in centers. And finally, we found a partially mediating effect of empowerment between self-efficacy and job burnout of workers in centers. Based on the findings of this study, specific suggestions were presented to reduce job burnout of workers in independent living support centers for the disabled.

A Legal Analysis on the Absence of Provisions Regarding Non-relative Patients in the Act of Decisions-Making in Life-Sustaining Medicine (연명의료결정법에서 무연고자 규정미비 등에 관한 법적 고찰)

  • Moon, Sang Hyuk
    • The Korean Society of Law and Medicine
    • /
    • v.24 no.4
    • /
    • pp.103-128
    • /
    • 2023
  • According to the current act of Decision-Marking in Life-Sustaining Medicine, the decision to withhold or discontinue life-sustaining treatment is primarily based on the wishes of a patient in the dying process. Decision-making regarding life-sustaining treatment for these patients is made by the patient, if he or she is conscious, directly expressing his/her intention for life-sustaining treatment in writing or verbally or by writing an advance medical directive and physician orders for life-sustaining treatment. It can be exercised. On the other hand, if the patient has not written an advance medical directive or physician orders for life-sustaining treatment, the patient's intention can be confirmed with a statement from the patient's family, or a decision to discontinue life-sustaining treatment can be made with the consent of all members of the patient's family. However, in the case of an unrelated patient who has no family or whose family is unknown, if an advance medical directive or physician orders for life-sustaining treatment are not written before hospitalization and a medical condition prevents the patient from expressing his or her opinion, the patient's will cannot be known and the patient cannot be informed. A situation arises where a decision must be made as to whether to continue or discontinue life-sustaining treatment. This study reviewed discussions and measures for unbefriended patients under the current law in order to suggest policy measures for deciding on life-sustaining treatment in the case of unbefriended patients. First, we looked at the application of the adult guardian system, but although an adult guardian can replace consent for medical treatment that infringes on the body, permission from the family court is required in cases where death may occur as a direct result of medical treatment. It cannot be said to be an appropriate solution for patients in the process of dying. Second, in accordance with Article 14 of the Life-Sustaining Treatment Decision Act, we looked at the deliberation of medical institution ethics committees on decisions to discontinue life-sustaining treatment for patients without family ties.Under the current law, the medical institution ethics committee cannot make decisions on discontinuation of life-sustaining treatment for unbefriended patients, so through revision, matters regarding decisions on discontinuation of life-sustaining treatment for unbefriended patients are reflected in Article 14 of the same Act or separate provisions for unbefriended patients are made. It is necessary to establish and amend new provisions. In addition, the medical institution ethics committee must make a decision on unbefriended patients, but if the medical institution cannot make such a decision, there is a need to revise the law so that the public ethics committee can make decisions, such as discontinuing life-sustaining treatment for unbefriended patients.

The Impacts of Social Problem Solving Capabilities and Hopelessness in Depression among Low-Income Residents (저소득층의 우울증에 대한 무망감과 사회적 문제해결능력의 영향)

  • Eom, Tae-Wan
    • Korean Journal of Social Welfare
    • /
    • v.58 no.1
    • /
    • pp.59-85
    • /
    • 2006
  • The purpose of this study was to identify how traumatic experiences and stresses caused hopelessness and depression among low-income residents, and to delineate what social problem solving capabilities might play roles in relation to the hopelessness theory of depression. For the purpose of the study, the target group of this study was restricted to adults over 20. This study recruited 175 low-income residents(the Beneficiary of National Basic Livelihood Security Act and the Near Poor Group) in Busan, Korea and employed a self-administered survey method during February, 2004. The following are the major results of the study. First, in low-income subjects, stresses showed positive influences on hopelessness. Second, in low-income subjects, stresses and hopelessness showed positive influences on depression. Third, stress influenced depression with hopelessness as the intervening variable, but it was not statistically significant path in traumatic experiences. The hopelessness theory of depression is to test whether the individuals who have negative attributional style and experience negative life events are likely to make negative attributions for the negative events they confront. The present study, using low-income residents, found that negative life experience predict negative attributions without negative attributional style. Fourth, social problem solving capabilities buffered the relationship between stress and hopelessness. It was also significant subscales apart from Positive Problem Orientation and Negative Problem Orientation. Fifth, social problem solving capabilities buffered the relationship between hopelessness and depression. It was also significant subscales apart from Negative Problem Orientation and Impulsivity/Carelessness Style. Based on the results, practice implications by identifying what social problem solving capabilities might play roles in hopelessness theory of depression were discussed.

  • PDF