• Title/Summary/Keyword: Guardian system

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Trends of Japanese Adult Guardian's Type and Its Implications for Korea (일본 성년후견인의 유형 동향과 한국에의 시사점 -강산(岡山)지역의 법인후견을 중심으로-)

  • Jeon, Byeong-Joo;Kim, Keon-Ho
    • The Journal of the Korea Contents Association
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    • v.13 no.4
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    • pp.187-197
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    • 2013
  • The incompetency and quasi-incompetency system regulated legal incompetence in the past is insufficient for protections of the adults with insufficient abilities of judgement, the criticism has been continued that the system is not efficiently respond to their rights and legal relationship formation. At last, the government introduces adult guardianship system through revising the civil law. At this point, just several months prior to the enforcement of adult guardianship system, we should be prepared to issues which may occur in the actual operation of the system. Japan has high similarities in social and culture matters with Korea and in the general operation of its adult guardianship system is similar to Korea's, Therefore, Korea should be prepared for the basis to implement the optimized system through in advance understanding the trend in Japan. The study reviews the trends of Japanese adult guardian's type, and draws suggestions for Korea by finding activity requirements and subjects focusing on the currently increasing corporation guardiancy.

Health Law and Adult Guardianship System (성년후견제도와 정신보건법상 환자의 동의권에 관한 연구)

  • Moon, Sang hyuk
    • The Korean Society of Law and Medicine
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    • v.16 no.1
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    • pp.221-254
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    • 2015
  • The amendment of the Korea Civil Code will take place July 1, 2013. One of the most import issues related to adult guardianship system is a part. Though more than 100 new provisions, the revised Civil Code fundamentally reformed the guardianship system to establish a system to meet the diverse and complex needs of those who need a guardian and ensure due process. The new adult guardianship system intended to respect dignity and human right of mentally incapacitated adults, to guaranee their autunomy and to minimize the public interventions for assisting them. The new guardianship system for vulnerable adult has three kinds of legal guardianship system (adult guardianship, limited guardianship and specific guardianship). Mental patients forced the hospitalization of the mental health code and will be treated as an agreement incapable person. In principle an agreement incapable person has capacity of consent. The consent of the mental patients are admitted first. It is advisable to medical care only by the consent of the guardian when the the mental patient do not agree ability. If the mental patient do not agree with the mentally ill, but there should be a supervisory capacity for a guardianship of the couple guardian supervision. In conclusion, it not lost the capacity to consent to inpatient mental illness called. Therefore, we must discuss in detail the scope of the agreement for the mental patients. Mental Health Act amendments are necessary in accordance with the amended Civil Code.

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A Comparative Convergence Study on the Perceptions of Disabled Child Carers and Officials on the Adult Guardianship System (장애자녀 보호자와 공무원의 성년후견제도에 대한 인식비교 융복합 연구)

  • You, Su-Jin;Yoon, Sun-Hee;Hwang, Moon-Young;Paik, Jin-Suk
    • Journal of Digital Convergence
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    • v.13 no.6
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    • pp.275-286
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    • 2015
  • This study conducts a comparative study on the perceptions of disabled child carers and officials on the Adult Guardianship System, and study the settlement method. First of all, 68.9% of the disabled child carers and 43.9% of the officials were aware of the system. Both the carers(90.2%) and officials(94.3%) responded that it was a helpful system for the respect for human rights. In terms of preferred guardian type, carers responded 'parents' and officials responded 'professionals'. All respondents responded that the 'establishment of national organization' was the most needed improvement of the system. In order for the Adult Guardianship System to stabilize as the system that can contribute to respect for human rights and social integration, promoting general public about the Adult Guardianship System, cultivate a high quality public guardian, the national organization of the Adult Guardianship System should be founded.

Adult Guardian's Misconduct in Japan and Its Implication for Korea (일본 성년후견인의 부정행위와 한국에서의 함의)

  • Jeon, Byeong-Joo;Kim, Keon-Ho
    • The Journal of the Korea Contents Association
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    • v.13 no.8
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    • pp.141-151
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    • 2013
  • The adult guardianship system takes effect from July 2013. At this point, just a month prior to the enforcement of the system, Korea should be prepared for specific countermeasures to implement the optimized system. Japan has high similarities in social and culture matters with Korea and is evaluated that the introduction background of adult guardianship system and overall operation system is similar to Korea's. As misconducts by adult guardians among the various problems occurred in Japan bring decreasing trust and delay the system settlement, proactive and posterior measures should be prepared for these problems. Therefore, in this study, misconducts by adult guardians occurred in the enforcement of adult guardianship system in Japan is to be examined and through these findings, several strategies were suggested to prevent misconducts in Korea which include the expansion of organization and manpower in family Court, dual supervision system and emergent appointment system etc.

A Reform Proposal of Involuntary Commitment Law Under the Revised Mental Health Act of 2016 - as well as of Article 947-2 (2) of Civil Code - (개정 정신건강복지법상 비자의입원 규제에 대한 입법론적 고찰 - 민법 제947조의2 제2항의 검토를 겸하여 -)

  • Lee, Dongjin
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.99-137
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    • 2018
  • Under the Korean law, there are two routes of involuntary civil commitment of the mentally-ill: involuntary commitment process under the Mental Health Act (MHA) and the guardian's commitment backed up by family court approval under article 947-2 (2) of the Civil Code. Despite of the recent fundamental revision of MHA in 2016, the Korean involuntary commitment law has still serious flaws, especially the lack of due process like prior notice, hearing, and independent guardian ad litem for the mentally-ill, which has been pointed out also by the Korean Constitutional Court. Thus, a re-revision is inevitable, and this time, we should proceed to rebuild the underlying structure of involuntary commitment. In this regard, it is crucial to eliminate the old-fashioned and unjustifiable burden as well as power of the so-called responsible person to protect the mentally-ill and to readjust the causes and standings to petition of the various types of involuntary commitment process. Also it is necessary to repeal involuntary commitment by guardian under the Civil Code, article 947-2 (2), which can no longer harmonize with modern involuntary commitment system.

Implementation of FlexRay Protocol Specification and its Application to a Automobile Advance Alarm System (FlexRay 프로토콜 설계 및 자동차 경보 시스템 응용)

  • Xu, Yi-Nan;Yang, Sang-Hoon;Chung, Jin-Gyun
    • Journal of the Institute of Electronics Engineers of Korea TC
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    • v.45 no.8
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    • pp.98-105
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    • 2008
  • FlexRay is a high-speed communications protocol with high flexibility and reliability. It was devised by automotive manufacturers and semiconductor vendors and implemented as on vehicle LAN protocol using x-by-wire systems. FlexRay provides a high speed serial communication, time triggered bus and fault tolerant communication between electronic devices for automotive applications. In this paper, we first design the FlexRay communication controller, bus guardian protocol specification and function parts using SDL (Specification and Description Language). Then, the system is re-designed using Verilog HDL based on the SDL source. The FlexRay system was synthesized using Samsung $0.35{\mu}m$ technology. It is shown that the designed system can operate in the frequency range above 76 MHz. In addition, to show the validity of the designed FlexRay system, the FlexRay system is combined with automobile advance alarm system in vehicle applications. The FlexRay system is implemented using ALTERA Excalibur ARM EPXA4F672C3. It is shown that the implemented system operates successfully.

A Smart Car Seat System Detecting and Displaying the Fastening States of the Seat Belt and ISOFIX (안전벨트와 아이소픽스의 체결 상태를 감지하여 알려주는 스마트 카시트 시스템)

  • SeungHeun Park;Sangeon Jeon;Beonghoon Kong;seunghwan Kim;Seung Hee Shin;Won-tak Seo;Jae-wan Lee;Min Ah Kim;Chang Soon Kang
    • Journal of Information Technology Services
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    • v.22 no.6
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    • pp.87-102
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    • 2023
  • Existing child car seats do not have a monitoring means for the driver or guardian to effectively recognize the status of whether the seat belt of car seat is fastened and whether the ISOFIX of the car seat is fastened to the inside device of the vehicle. In this paper, we propose a smart car seat system which can monitor in real time, whether the seat belt of a child seated in the car seat is fastened and whether the ISOFIX of the car seat is fastened. The proposed system has been developed with a prototype, in which a Hall sensor, magnet, Bluetooth, and display device are used to detect whether these are fastened and to display the detection results. The prototype system provides the detection results as texts and alarm signal to the display for driver or guardian' smartphone in the car in motion. With functional tests of the prototype system, it was confirmed that the detection functions are properly operated, and the detection results were transmitted to the display device and smartphone via Bluetooth within 0.5 seconds. It is expected that the development system can effectively prevent safety accidents of child car seats.

A Study on Smart Medical Treatment System and Security (스마트 진료시스템과 보안에 관한 연구)

  • Song, Eun-Jee
    • Convergence Security Journal
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    • v.12 no.3
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    • pp.107-113
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    • 2012
  • Due to the development of communications technology, it is now possible to be offered online from remote places. This kind of communications technology can be applied to the medical field. The medical treatment appointments in hospitals can be its typical example. But still, in most of hospitals, patient or guardian have to physically visit or call to the hospital to set up an appointment for the medical treatment. In addition, they have to wait in line in order to pay after receiving the medical treatment. The patient or guardian, after paying, receive a paper prescription and they go to a nearby pharmacy to take the medicines. They must wait in line again there in order to receive the medicine from the pharmacy. In this paper, we would like to suggest a smart medical treatment system in order to solve the problems discussed above. With this proposed system, the user will be able to make an appointment, make payments and receive medication quickly and easily without spending extra time. Also, there will be no need for paper prescriptions with this system. We discuss about the security of medical information for this proposed smart medical treatment system proposed.

Experience of Nurses Participating in Comprehensive Nursing Care (간호·간병통합서비스를 적용한 병동 간호사의 환자간호 경험)

  • Park, Kwang-Ok;Yu, Mi;Kim, Jong-Kyung
    • Journal of Korean Academy of Nursing Administration
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    • v.23 no.1
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    • pp.76-89
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    • 2017
  • Purpose: This study was conducted to examine the experience of nurse in comprehensive nursing care. Methods: Experiential data collected from 9 nurses through in-depth interviews. Participants were selected from nurses working in the comprehensive nursing care unit at general hospital. The main question was "Can you describe your experience in the comprehensive nursing care unit?" All interviews were recorded and transcribed, then analyzed using Colaizzi's method. Results: Nine themes were derived from the analysis: 'Practice nursing care', 'Feel thankful of the client', 'Difficulty in nursing due to absence of patients' guardian', 'Tired of over-demanding patient and distrust of guardian', 'Confusion regarding one's identity as a nurse', 'Not enough to support system', 'Insufficient pre-training for nurse and client', 'Requirement of work establishment for nurse and nurse aid', 'Concerns about low rewards and high safety accidents'. Conclusion: As a comprehensive nursing service, the nurses provided total patient care, and patient satisfaction and expression of appreciation increased. However, disadvantages were identified, such as patients' excessive needs, communication difficulties, lack of support systems, low compensation, and a high number of safety accidents. Therefore, systematic comprehensive nursing will be achieved if these shortcomings are addressed.

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
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    • v.15 no.1
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    • pp.303-333
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    • 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.

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