• Title/Summary/Keyword: Ethical Issue

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Medicolegal Study on Human Biological Material as Property (인체 유래 물질의 재산권성에 대한 의료법학적 고찰)

  • Lee, Ung-Hee
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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    • pp.455-492
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    • 2009
  • (Background) Recent biotechnological breakthroughs are shedding new lights on various ethical and legal issues about human biological material. Since Rudolph Virchow, a German pathologist, had founded the medical discipline of cellular pathology, issues centering around human biological materials began to draw attention. The issues involving human biological materials were revisited with more attention along with series concerns when the human genome map was finally completed. Recently, with researches on human genes and bioengineering reaping enormous commercial values in the form of material patent, such changes require a society to reassess the present and future status of human tissue within the legal system. This in turn gave rise to a heated debate over how to protect the rights of material donors: property rule vs. no property rule. (Debate and Cases) Property rule recognizes the donors' property rights on human biological materials. Thus, donors can claim real action if there were any bleach of informed consent or a donation contract. Donors can also claim damages to the responsible party when there is an infringement of property rights. Some even uphold the concept of material patents overtaking. From the viewpoint of no property rule, human biological materials are objects separated from donors. Thus, a recipient or a third party will be held liable if there were any infringement of donor's human rights. Human biological materials should not be commercially traded and a patent based on a human biological materials research does not belong to the donor of the tissues used during the course of research. In the US, two courts, Moore v. Regents of the University of California, and Greenberg v. Miami Children's Hospital Research Institute, Inc., have already decided that research participants retain no ownership of the biological specimens they contribute to medical research. Significantly, both Moore and Greenberg cases found that the researcher had parted with all ownership rights in the tissue samples when they donated them to the institutions, even though there was no provision in the informed consent forms stating either that the participants donated their tissue or waived their rights to ownership of the tissue. These rulings were led to huge controversy over property rights on human tissues. This research supports no property rule on the ground that it can protect the human dignity and prevent humans from objectification and commercialization. Human biological materials are already parted from human bodies and should be treated differently from the engineering and researches of those materials. Donors do not retain any ownership. (Suggestions) No property rule requires a legal breakthrough in the US in terms of donors' rights protection due to the absence of punitive damages provisions. The Donor rights issue on human biological material can be addressed through prospective legislation or tax policies, price control over patent products, and wider coverage of medical insurance. (Conclusions) Amid growing awareness over commercial values of human biological materials, no property rule should be adopted in order to protect human dignity but not without revamping legal provisions. The donors' rights issue in material patents requires prospective legislation based on current uncertainties. Also should be sought are solutions in the social context and all these discussions should be based on sound medical ethics of both medical staffs and researchers.

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A study on distinctive view of Cheng I's the sage-theory (정이(程?) 성인론(聖人論)의 특징에 관한 고찰)

  • Kim, Sang-Rae
    • The Journal of Korean Philosophical History
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    • no.56
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    • pp.151-180
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    • 2018
  • Since the completion of the theories on human ethics and moral had been established to pursue by Confucian thinkers like Confucius and Mencius, they generally had agreed to present the basic principles for human education which every human could be the sage. In these principles for human ethics and morality there is on the premise that the knowledge about your own ethical and that the completion of the so-called act(爲) and learning(學). They had given to us that how to get a goal for the ethical and moral lives there are several academic oriented methodology will have act and learning set. In the point of achieving complete figures which act and learning for good society, there was named the sage(聖). This concept sage has two major types. One is on for the political figures that completed, and the other one is for the realm of academic side. Confucian as above mentioned the moral human being is equipped with a complete personality and political ability to make man and society perfect. Confucius has been understood as a complete human being. Yes, ideal for these two types of figures will be fulfilled in some way? They take a mystical ability to a priori or a posteriori, such as human effort can reach the sage. There are many thinkers are obvious and logical answer for this major problem in the system of confucian philosophy I have been trying. About the sage(聖), inherently natural learning(生知) occur to the position sage or knowledge (學知), can lead to there are two of the doctrine for that problem. With the study of learning and knowledge on human beings and real society the two systems concerned together. In fact, the main content of the "Analects of Confucius" we have a set of ethical and moral values not the benevolent conversation about Jin(仁) and his disciples a steady emphasis but on in praise of learning (學) for. However, at the time in Han Tang(漢唐) Han Wi(韓愈) and Wang Chung(王充), according to such thinkers the sage is already a priori determined, cannot be reached by human effort. But At the beginning of the Neo-Confucianism, Cheng I(程?) for the pioneer this Song(宋) scholars, regarding this issue could rebirth the thought that every human could be the sage through the learning as the pre-Chin(先秦) times.

The Analysis of the Research Trends Related to School Health in Korea (학교보건 관련 국내 연구동향 분석)

  • Jung, Jeong-Sim;Kim, Jung-Soon
    • Journal of the Korean Society of School Health
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    • v.17 no.1
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    • pp.85-95
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    • 2004
  • Objectives : The aim of this study was to identify the trend of school health research by analyzing articles related to school health for the last 10 years. this information can be used to guide research direction for the future. Methods : This study is a descriptive study that analyzed annual data. using an objective frame of evaluation about the methodology and research domain in each paper, all the papers included in the journals concerning school health from January 1993 to December 2000 were analyzed. The data was processed statistically by frequency and percentage. Results : 455 papers in 9 journals related to school health were published. The Journal of the Korean Society of School Health had 204 articles, the highest number of any journal. most of the articles were descriptive, but the number of experimental studies increased over time. the most common research subjects were students were the greatest ones, but the trend to study both parents and teachers increased near the end of the sampling period. the most common selection of subjects appeared to be based on convenience, but probability sampling gradually increasing annually. the most common research instrument was the questionnaire and the reliability and the validity of instruments were described in approximately half of the studies. The survey was the most commonly used method of data collection. The papers that met ethical issue in data collection were less than those that did not. In addition, the papers that provided the rationale for the calculation of sample size were less than those that did not. parametric statistics were the main methods of data analysis, but some advanced statistics were used more often than simple descriptive statistics in the latter part of the sampling period. In general, limit of the studies were not frequently mentioned but more recommendations were made. regarding the characteristics of the research area, the assesment domain was remarkable. The rate of school health problem assesment was the highest among research subjects. Sex- related subjects were the highest in detail research subjects. Conclusions : The research of school health has increased quantitatively, but it is difficult to ascertain its qualitative development. Therefore, on the basis of the research completed up until now, more school-based intervention studies and longitudinal studies need to be another target for the evaluation of the effects of the school health service. as well, policy suggestion through international and cross-sectional comparison studies are needed to assist in the establishment of the long term direction of school health.

A Direction and Challenge of School Safety Policy : Focusing on 'Vision Zero' (학교안전정책의 방향 및 과제 : 'Vision Zero'를 중심으로)

  • Park, Youn-Ju
    • The Journal of Sustainable Design and Educational Environment Research
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    • v.18 no.4
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    • pp.44-57
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    • 2019
  • 'Vision Zero' is a fundamental response to rapidly increasing number of traffic accidents. It was first introduced in Sweden in the late 20th century and is spreading worldwide. 'Vision Zero' criticizes an existing traffic safety policy that presupposes a reasonable human beings. It suggests that traffic safety policies should be on the possibility of making mistakes by irrational beings. Under the ethical vision that human life and health cannot be exchanged for any other social benefits, the policy issue should allow to make zero out the death rate and serious injuries of traffic accidents while allowing minor injuries. 'Vision Zero' argues that the government should design an environment in which individual mistakes never lead to fatal accidents. 'Vision Zero', which shows a different perspective from existing policies regarding safety ultimate goal, is spreading from traffic safety to other areas such as health, safety and well-being. This study examines the implication of the Korea's school safety policy from the perspectives of 'Vision Zero' on the five areas : "for what", "from what", "by what", "by whom", and "how". The study is intended to establish a new directions and challenges of school safety policy in Korea through an analytical discussions on 'Vision Zero'.

A Study of Changes in Consumption Values Shown in Women's Magazines - Focus on Advertisement Content in Women's Magazines from 1955 to 2008 - (여성잡지광고에 나타난 소비가치의 변화와 광고소구방법 및 문장표현방법 분석연구 - 1955~2008년 여성잡지광고내용 분석을 중심으로 -)

  • Ko, Eun-Ju;Do, Hyun-Ji;Kim, Seon-Sook
    • Journal of the Korean Society of Clothing and Textiles
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    • v.34 no.2
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    • pp.226-241
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    • 2010
  • This study details the history and characteristics of consumption values, text style analyses, and appeal types expressed in magazine commercials from 1955 to 2008. This study analyzes the level of the social structure of commercial expression for each period. Consumption values based on the categories of consumption values by Sheth (1991) were classified through a total commercials analysis. Analyses on closing types of sentences, types of sentences, and rhetorical figures were executed focusing on headline text and text style. Appealing types were composed of rational, emotional, and ethical appeals. For analysis, the crosstab analysis and chi-square test of SPSS are used. The results are as follow. Seven values were constructed, functional value, social value, emotional value, conditional value, epistemic value, fashionable value, and indistinct value. The ratio of emotional value was the highest and functional value, epistemic value conditional value, fashionable value, social value, and indistinct value followed. The emotional value social value, conditional value, fashionable value, and epistemic value that focused on the emotion of consumers increased, while the functional value decreased. Sentences that use narrative styles, hyperboles, and metaphors that increased the interest of readers were dominantly used in the headline texts. For sentence expression, a declarative sentence in a sentence type, exciting curiosity in the expression method where hyperbole and figures of speech in rhetorical expressions are used most often. Emotional appeal was used almost twice more than the reasonable appeal for appeal types of the total commercial. The lower level of reasonable appeal is information that provides the product function. Interest and expression (such as pleasure and achievement) were used most often for emotional appeal. These results show that the most important issue is the emotional value in consumption in understanding the consumer. Marketing managers should also be aware of the functional value as well as an emotional value.

Origin and Modern Reconstruction of the Concept of Gong in East Asian Countries (동아시아 공(工) 개념의 기원과 근대적 재구성)

  • Han, Kyonghee
    • Journal of Engineering Education Research
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    • v.22 no.6
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    • pp.51-63
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    • 2019
  • This study aims to present concept of "gong" which was shared by traditional East Asian societies (Korea, China and Japan) and to identify how it has been developed through their respective process of modernization and industrialization. Despite the territorial proximity of the three countries, their industrial and technological development followed different patterns, and the notion of engineering from the Occident was also accepted and reconstructed with a certain difference in each country. Japan had developed its own concept of engineering as part of industrialization in Western style and in the context of establishment of an imperialist nation. What was important for Japan was how engineering could contribute to the national development of technology and industry, and to the development of Imperial Japan. For China, which attached importance to resistance to Western civilizations and to strengthening the competitiveness for and which needed to resolve domestic political conflicts, engineering constituted more than a simple issue on technological and industrial dimension; it was also associated with obtaining ethical and political legitimacy which would allow the nation to gain support from the working and peasant classes. Though belated, Korean attempted to build an independent modern state, yet experienced a considerable nuisance from the invasion of Japan and the protracted colonial period. Engineering of Korea had to take a long time before emerging from backwardness especially because of Japanese policies which tended to restrict technological development and avoid fostering qualified engineers in the colony. Therefore, engineering in Korea started to contribute to the nation's development and the improvement of technological competitiveness only after it was combined with modern higher education after liberation, under the name of engineering science (工學, gong-hak). This study argues that our recognition of what engineering was for and who engineers were in East Asia will allow us to evaluate current status of engineering education and provide us with significant insight which will be useful when we imagine the future society. Identity of engineering in Korea, China, and Japan has been developed along with historical contexts such as clash of civilizations, wars, recovery of sovereignty and obtaining of national competitiveness; now, what will be combined with engineering in the next generation? This question will lead and motivate engineering students to think and imagine about what future engineering should be and how they respond to it.

Some Conditions of Seeking Happiness: How Can We Feel Happy? (행복의 조건: 우리는 '어떻게' 행복을 느끼는가?)

  • Lee, Eul-sang
    • Journal of Korean Philosophical Society
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    • v.139
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    • pp.133-167
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    • 2016
  • Happiness is no more than a pleasant mental state that we can feel everyday. How to seek happiness is the key subject of positive psychology, for which we also need a clear neural system so that our emotional life can be accomplished. This is an issue in people with neural problems (such as psychopathy or hypochondria) as they can not achieve such emotional clarity. In this sense neuroscience is thought of as a new approach that can replace the traditional rational insight which has been aimed at completing a virtual life. But there is also a limit: we can not reach a virtual life with only a confirmation of our transitive state. A practice of virtue which our moral ethos aims at, has been a problem of rational insight. Here is a gap between our emotional life and our rational insight in which an anguish of psychology results. So a task we should combine organically is band between neuroscientific fact and ethical practice; a new addition to psychology. But unfortunately psychology can not solve this problem by itself, for it is a meta-question arising beyond psychology. Thus an explication of this meta-question is, I believe, a new theory of moral philosophy; one that can only be explored using an interdisciplinary approach.

Maintaining Professional Dignity in the Age of Social Media (소셜미디어 시대에서 의료전문직으로서의 품위 유지)

  • KIM, Claire Junga;BHAN, Yoo Wha
    • Korean Journal of Medical Ethics
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    • v.21 no.4
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    • pp.316-329
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    • 2018
  • Although the use of social media by doctors raises important issues concerning medical professionalism, the relevant professional bodies in South Korea have failed to issue clear guidelines on social media usage. The Korean Medical Association's newly revised ethics guidelines do require members to maintain dignity while using social media, but the idea of "maintaining dignity" is far from clear, and its premodern connotation prevents it from being reliably used in professional codes of conduct. The authors of this article examine the concept of maintaining dignity and conclude that once it is clarified and redefined it can and should be used as a viable ethical standard in a variety of contexts, including the use of social media. Social media's unpredictability and uncontrollability, and the blurred distinction between professional/public and personal/private can be a threat to medical professionalism. In order to deal with this threat, the concept of dignity is important. We present three examples in which the dignity of medical professionals is undermined and explain why these jeopardize public trust. We conclude that in order to maintain public trust the Korean Medical Association should provide more detailed guidelines on the use of social media by its members.

Destitution as an Expenditure: Beckett's Literature of Poverty (소모로서의 궁핍: 베케트의 빈궁문학)

  • Park, Ilhyung
    • English & American cultural studies
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    • v.10 no.2
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    • pp.73-97
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    • 2010
  • Representation of destitution may be considered as an expression of a social desire toward forging a bond or solidarity with the impoverished. However, political and ethical demands of the solidarity force the formulaic framework structuring the form of representation to its limits. The thesis aims to examine the responses to such demands within the tradition of modernist literature that can be traced from Charles Baudelaire, Knut Hamsun to Franz Kafka and that somehow culminates with Samuel Beckett, and to analyze how the issue of destitution that weaves through Beckett's works criticizes and inherits such a heritage. Whereas destitution in 19th century Realism is structurally fixed and its potential for change is inherently excluded, for these writers, destitution is no longer the state of rigid reality in which any possibility is limited. It is destitution as an imperative that calls for exploitation of possibilities that can be recuperated from the impoverished condition of destitution. What these writers consistently resist against is destitution that leads to compensation and reward. Since occupying a superior position toward the other as the subject of description or sympathy can be seen as one form of profit or reward, they have persistently pursued absolute solitariness and austere conditions rather than prematurely simulating a sense of solidarity and community. The ultimate goal of destitution as an imperative is to pursue destitution in order to worsen it by identifying and then excluding and expending possessions and assets to a state of penury. This is a paradoxical process that opens up the realm of possibilities of destitution and redefines it as abundance and wealth. Destitution for Beckett as seen in the writers above is the objective of literature. But, what he focuses on is to amplify the shreds of economic world that still remain in a state of poverty and to reveal extreme poverty as a state of odd affluence and to transform it into a pursuit of accumulation and profit. One of his famous axioms, "less is more", contains the essence of such a paradoxical strategy. In a sense, such approach is a twist on the strategy that identifies and uses any remaining potential hidden in destitution as was pursued by other writers. It also expands on the imagination of the destitute described by Hamsun. But Hamsun and Beckett are diametrical opposites. Unlike Hamsun, Beckett does not link imagination with a sense of guilt. Imagination is not intended to overcome the destitute reality nor to culminate in artistic martyrdom as in the case of Kafka's hunger artist. The imagination of the impoverished in Beckett is simply a hilarious game and not an escape that ends in a sense of guilt. This game formulates a "rhetorical question" or derision at the ironical situation where the pursuit of hunger and art as the disinterestedness has been turned into symbolic capital. It is inherently a fundamental critique at the aestheticization of destitution that has been pursued by Modernism. Beckett's efforts at divulging falsehood inherent in non-profit acts such as charity, donation and hospitality are dissections of social fictions in which aestheticization of destitution remains a part of the whole.

The Evaluation for Web Mining and Analytics Service from the View of Personal Information Protection and Privacy (개인정보보호 관점에서의 웹 트래픽 수집 및 분석 서비스에 대한 타당성 연구)

  • Kang, Daniel;Shim, Mi-Na;Bang, Je-Wan;Lee, Sang-Jin;Lim, Jong-In
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.19 no.6
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    • pp.121-134
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    • 2009
  • Consumer-centric marketing business is surely one of the most successful emerging business but it poses a threat to personal privacy. Between the service provider and the user there are many contrary issues to each other. The enterprise asserts that to abuse the privacy data which is anonymous there is not a problem. The individual only will not be able to willingly submit the problem which is latent. Web traffic analysis technology itself doesn't create issues, but this technology when used on data of personal nature might cause concerns. The most criticized ethical issue involving web traffic analysis is the invasion of privacy. So we need to inspect how many and what kind of personal informations being used and if there is any illegal treatment of personal information. In this paper, we inspect the operation of consumer-centric marketing tools such as web log analysis solutions and data gathering services with web browser toolbar. Also we inspect Microsoft explorer-based toolbar application which records and analyzes personal web browsing pattern through reverse engineering technology. Finally, this identified and explored security and privacy requirement issues to develop more reliable solutions. This study is very important for the balanced development with personal privacy protection and web traffic analysis industry.