• 제목/요약/키워드: Circumstances

검색결과 3,998건 처리시간 0.031초

생전유언, 의료지시서, 자연사법(natural death act) 입법의 사회적 함의 (Social Implication of Living Wills, Advance Directives and Natural Death Act in Korea)

  • 이인영
    • 의료법학
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    • 제9권1호
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    • pp.413-459
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    • 2008
  • The Law has intervened to define rare circumstances in which a person should choose continuing life in United States. On the one hand, the law has traditionally acted to preservelife and to respect the sanctity of life. On the other hand, one's control over one's own body, and the right to determine what kind of medical care one will receive, is equally well respected and historically grounded. The competent patients have the right to forgo life-sustaining treatment, courts in United States have left many unanswered questions about the nature of that right. The right to choose to forgo life-sustaining treatment is a manifestation of a patient's autonomy interest. In United States, The Karen Quilan case gave rise to legislative activity in the host of state capitals, and several states had adopted statutes that formally recognized some forms of written directives describing some circumstances in which certain kinds of medical care could be terminated. These statues were sometimes dominated 'living will' acts, sometimes 'right to die' acts and ocasionally 'natural death' acts. Today virtually every state has produced a living will statue. In Korea, courts do not permit a terminally ill person to withhold or withdraw life-sustaining treatment. Living wills apply in case of terminal illness owing to a defect in legislation. Now In Korea, these lively dispute of legal policy on the preconditions and concrete procedure of living will act and natural death act. Through the legislation of living will act and natural death act, we should prepare some circumstances to respect patient's autonomy on the right to die. We should frame the cultural standard to make a decision of forgoing life-sustainin1g treatment under the discreet procedure.

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해양경계획정제도에 대한 중국의 입장과 통킹만 사례고찰 (Maritime Boundary Delimitation Regime for the Gulf of Tonkin Dispute and China's Position)

  • 양희철;박성욱;권문상
    • Ocean and Polar Research
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    • 제26권4호
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    • pp.669-678
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    • 2004
  • Coastal states are adopting maritime boundary delimitation as their primary maritime policy because maritime jurisdiction directly relates to vast economic interest. This becomes specially important and sensitive when complex maritime boundary issues are involved between neighboring coastal states. China has not actively carried out nor declared maritime boundary delimitation until recently with any country except Agreement between China and Viet Nam on the demarcation of the territorial water, the exclusive economic zones and the continental shelf of China and Vet Nam in the Gulf of Tonkin on 25 December 2000 (hereinafter, the Gulf of Tonkin Agreement). The principles that governs maritime boundary delimitation are to consider primarily an agreement between States concerned, however, if no agreement can be reached, all relevant circumstances are considered to achieve an equity between concerned States. Relevant circumstances are length of coastline, form of coastline, existence and position of island or islands, speciality of geology/topography, and factor of economy and deffnce. Factors which sinologists are considering in regard to continental shelf delimitation of the Yellow Sea are as follows; i) geographical factor, ii) geological factor, iii) topographical factor, iv) environment and ecological (factor, v) historic interest, and vi) social and economic interest. The 'Gulf of Tonkin Agreement' is completed by basically applying the principle of delimitation according to median line which seems that China has adopted the maritime boundary delimitation principle of 'half and half' which was the intention of chinese government. At the same time, China recognized Viet Nam's dominion and sovereign right over the partial exclusive economic zone and the continental shelf of Dao Bach Long Vi in Gulf of Tonkin. This case can be considered as an example of mutual concession or compromise in delimiting maritime boundary for states of concerned.

상사중재에서 중재인의 자격 및 기피에 관한 비교연구 (A Comparative Study on the Qualifications and Challenge of Arbitrator in Commercial Arbitration)

  • 이강빈
    • 무역상무연구
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    • 제36권
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    • pp.111-140
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    • 2007
  • This paper intends to review the qualifications of arbitrator, the disclosure of disqualifications by arbitrator, the challenge grounds of arbitrator, and the challenge procedure of arbitrator under the arbitration laws and rules. There are no provisions for the qualification of arbitrator in the UNCITRAL Model Law on International Commercial Arbitration. Under the UNCITRAL Model Law on person shall be precluded by reason of his nationality from acting as an arbitrators. Under the UNCITRAL Model Law when a person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties. Under the UNCITRAL Model Law an arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality or independence, or if he does not possess qualifications agreed to by the parties. Under the UNCITRAL Model Law the parties are free to agree on a procedure for challenge an arbitrator. Failing such agreement, a party who intends to challenge an arbitrator shall send a written statement of the reasons for the challenge to the arbitral tribunal within 15 days after becoming aware of the constitution of the arbitral tribunal or any circumstance that give rise to justifiable doubts as to his impartiality or independence. Unless the challenged arbitrator withdraws from his office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge. In conclusion, an arbitrator has a responsibility not only to the parties but also to the process of arbitration, and must observe high standards of conduct so that the integrity and must observe high standards of conduct so that the integrity and fairness of the process will be preserved.

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인터넷 기반 스마트 화초 관리 시스템 (Smart Plants Management System based on Internet)

  • 박현숙;박천관;홍유식
    • 한국인터넷방송통신학회논문지
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    • 제15권5호
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    • pp.193-199
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    • 2015
  • 요즈음, 온도 및 습도, 조도 센서를 이용하여서, 식물 재배 환경 정보를 자동으로 수집하고 생장환경을 관리하는 지능형 온실 시스템이 많이 연구되고 있다. 본 논문에서는 조도, 온도 및 습도를 예측해서 인터넷 기반에서, 식물 재배의 최적 환경 조건을 추론하는 모의실험을 하였다. IOT 환경에서, 식물 재배 조건을 온도, 습도, 조도를 아두이노 센서에 실시간으로 온실 관리자에게 전송해서, 식물 재배에 필요한 최적의 온도, 습도 조건 값보다 크거나 적으면 자동으로 SMS 경고 문자를 실시간으로 전송해 주기 때문에, 급격한 기후 변화 (눈,비, 폭염)조건일 경우라도 최적의 화초 재배조건을 관리 할 수 있다. 본 논문에서는 퍼지논리와 WEKA TOOL을 이용하여서, 같은 온대 식물이라도, 그 지역에 필요한 최적의 온도, 습도, 조도(일사량) 수치를 산출하는 모의실험을 하였다.

남성의 패션관여상황에 따라 추구하는 자기이미지와 선호 패션스타일 (Preferred Fashion Style based on the Men's Self-image Including Fashion Involved Circumstances)

  • 홍윤정;김영인
    • 복식
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    • 제65권8호
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    • pp.1-21
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    • 2015
  • The purpose of this study is to investigate the self-image of men and the characteristics of their fashion styles, as they are fast becoming an influential consumer group. Men in the thirties and forties who had a higher-than-average interest in fashion were surveyed online and the results from this study are as follows. In terms of variations of self-image connected to situations, we found that there were strong relationships between the preference of the "charming & romantic" image to private meet-ups with acquaintances, "intelligent & classy" to official events, "rational & realistic" to everyday work in an official setting, and "modest & ordinary" to complex situations including family occasions and customary events. Those who aimed for "urban refinement - sensitive" appeal also preferred a "charming & romantic" self-image, while pursuing a "classic & modern" fashion style for official settings and a "gentle & charming" style in private settings. Those who aimed for "stable elegance - intelligent" youth" image preferred the "intelligent & classy" image, while pursuing a "stable & intelligent" fashion style in official settings, and an "intelligent yet active & young" style in private settings. Those who aimed for "rational practicality - comfortable activity" image preferred a "rational & realistic" self-image, while pursuing a "rational & practical" fashion style in official settings, and a "comfortable & active" style in private settings. Those who aimed for "ordinary modesty - plain simplicity"preferred a modest and ordinary self-image, while pursuing an ordinary fashion style, and a simple style in private settings. The various situational assessments used in this study to analyze the fashion-related circumstances for male consumers can be utilized in upcoming studies, and can be an effective indicator of situational consumer preferences in terms of men's fashion marketing and product planning strategies.

배아연구와 불법행위책임 (Human Embryo Research and Tort Liability)

  • 서종희
    • 의료법학
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    • 제12권1호
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    • pp.227-255
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    • 2011
  • Recently, many nations said "yes" to human embryonic stem cell research, signing an executive order to permit funding for the research in the mame of achieving health and life of humankind. Human Embryo Research is permitted by our Bioethics & Biosafety Act. But, illegal research cannot be divorced from civil liability since it requires the destruction of eggs of fertilized eggs and personal rights of embryo-creator. After all, though we allow to do research embryo, we should control the capacity of abuse of embryo research for embryo-creator. If research violate the law(Bioethics & Biosafety Act or Civil Law, etc), it comes to a delict by pecuniary loss and non-pecuniary loss. When it comes to pecuniary loss, Human Embryo is not body but special property. Supreme Court maintained a stance that mental suffering is generally deemed as compensable for damages for the loss of property where a person's property right is invaded by a tort or non-performance of obligation. Thus, where mental suffering occurs, which cannot be compensated by recovery of property losses, the situation must be a special circumstance and the injured could claim consolation money for such losses only if the offender knew or would have known of such special circumstances(Supreme Court Decision 96Da31574 delivered on Nov, 26, 1996, etc.). That is to say, Supreme Court regards mental suffering through person's property right invaded by a tort as damages that have arisen through special circumstances. According to Civil law article 393 (2), the injured could claim consolation money for such losses only if only if the offender had foreseen or could have foreseen such circumstances. Also our court will solve through damages for non-pecuniary loss by complementary function of consolation money in that pecuniary loss could be difficult to valuate.

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중.고등학교 운동선수들의 자살생각에 영향을 주는 관련요인 (Factors affecting suicidal ideation of athletes in middle and high school)

  • 문재우;박재산
    • 한국학교ㆍ지역보건교육학회지
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    • 제12권1호
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    • pp.1-20
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    • 2011
  • Purpose: The purpose of this study is to analyze factors affecting suicidal ideation of athletes in middle and high school. Methods: The data in this study came from the survey which conducted to 500 students of physical education high school athletes and elite athletes in general school from the beginning of December 2009 to the end of January 2010 in Seoul and Kyunggi. Finally 436 cases was used. The dependant variable is suicidal ideation in this study. And the independent variables are socio-demographic factors, exercise-related factors, school and family environments, stress and depression factor. The analysis method is logistic regression analysis. Finally 436 cases was used. Results: First, the rate of suicidal ideation of athletes in middle and high school was 28.9%. Second, there were significant differences between stress and sex, grades, athletic career, kind of sport, sport skill level, the average exercise time per day, family circumstances, life satisfaction, future expectations. Third, there were significant differences between depression and sex, academic achievements, the average exercise time per day, family circumstances, life satisfaction, future expectations. Fourth, there were significant differences between suicidal ideation and sport skill level, academic achievements, the average exercise time per day, family circumstances, life satisfaction, future expectations. Fifth, the higher level of stress and degree of depression, the more increased the risk of suicidal ideation. Conclusions: Considering the close relationship between suicidal ideation and suicidal attempt, to reduce the suicidal ideation of athletes in middle and high school it is necessary to adjust exercising time properly and to promote life satisfaction. Also to overcome depression and stress support system should be established and to promote self-efficacy cognition strength program should be introduced in the school. So athletes in middle and high school should have confidence and self-confidence on the future.

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2015년 영국 보험법 상 공정표시의무에 관한 연구 (A Study on the Duty of Fair Presentation in Insurance Act 2015)

  • 신건훈
    • 무역상무연구
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    • 제72권
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    • pp.57-80
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    • 2016
  • Since 2006, the Law Commission and Scottish Law Commission have been engaged in a major review of insurance contract law, finally leading to the legislation of Insurance Act 2015. According to the enforcement of the Insurance Act 2015 on 12 August 2016, ss 18~20 of the Marine Insurance Act 1906(MIA 1906) were repealed and substituted by the new concept of fair presentation. This article intends to analyze the legal implications through the comparative research between the duty of fair presentation in Insurance Act 2015 and ss 18~20 of MIA 1906. The major changes in Insurance Act 2015 are designed to (1) encourage active engagement by the insurer rather than passive underwriting, asking questions of the insured if the desired information is not provided at the stage of proposal; (2) encourage policyholders to structure and signpost their presentation in an clear and accessible way, and prevent data dumps; (3) give guidance as to how the insured should prepare a fair presentation, by undertaking a reasonable search of available information and giving examples of what circumstances might be material; (4) clarify whose knowledge in the insured's organization is attributed to the insured for the purposes of disclosure; (5) clarify the exceptions to the duty of disclosure, including circumstances "which are known or presumed to be known to the insurer"; and (6) replace the remedy of avoidance in all circumstances with more proportionate remedies. This is a default regime, which may be altered by agreement between the parties.

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화재진압 중 소방관의 돌발 고위험상황 노출 경험과 개인보호구 개선요구사항 실태조사 (Requirements of Improvement on Personal Protective Equipment and Experiences Exposed to Accidently High Risk Circumstance while Firefighting: A Questionnaire Study)

  • 이효현;김시연;김도희;김도형;이주영
    • 한국생활환경학회지
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    • 제24권5호
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    • pp.549-561
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    • 2017
  • We conducted a nationalwide questionnaire to investigate accidental experiences and injuries at flashover or flame-fire for active firefighters in the line of duty. A total of 794 firefighters participated in this survey (764 males, 27 females, and 3 respondents; $39.2{\pm}8.4yr$ in age, $173.7{\pm}5.1cm$ in height, $73.4{\pm}8.6kg$ in body mass). The results showed that high risk circumstances the most frequently experienced while firefighting in Korea was flashover followed by backdraft, rollover and flameover. At the high risk circumstances the most frequently-experienced injuries were bruise, stabs and burns. Firefighters hoped to reduce the total mass of personal protective equipment (PPE), improve the mobility of the PPE and dexterity of protective gloves, so that they could escape from the high risk circumstances as fast as possible. In particular, requirements for improvement on protective gloves were greater than those on other PPE. The present study suggested that the need for improvements on the current firefighters' PPE to cope with emergency high risk situations in terms of PPE mass reduction and mobility.