• The Korean Society of Law and Medicine
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• v.10 no.1
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• pp.39-75
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• 2009

The development of the biomedical science and technology has extended an argument about a status in constitutional law of unborn human life and a protection of the potential human life to that of an embryo and a gamete beyond a fetus. This argument has been focused on whether we should provide unborn or potential human life with human dignity and the right to life that are guaranteed by the constitutional law altogether or separately. If the right to life is given to unborn or potential human life, on what grounds can we restrict this right. Those who argue for the unity of the right to life with human dignity and the inseparability of those two claims that the right to life in itself should be guaranteed absolutely. According to the constitutional law, however, any constitutional right of the human person within the protection of essential part of the right can be compared with each other and restricted with some valid reasons from the legal perspective. This measure is unavoidable in reality because one right can come into conflict with another right frequently. Since fetus and embryo are in a process of developing into the human person, it is difficult to think that they are the same with the human person. For that reason, it is hard to consider that the right to life of fetus or embryo is the same with that of the human person. However, since a fetus has a special status as a potential human person, and an embryo also has a special value as a potential fetus upon an implantation, the right to life of fetus or embryo should be judged differently according to the stage of their development. A study on a constitutional status and protection of a fetus and an embryo is essential because unborn or potential human life is the origin of human person. Therefore, we have to make much account of their right to life and seek the legal respect for their inherent value.

• The Journal of Korean Philosophical History
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• no.37
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• pp.71-96
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• 2013

This research is a discussion in critical viewpoint about Han WonJin's philosophical thoughts. As everyone knows, Han WonJin emphasizes the difference of nature between human and animal, so as to try to be hardened human-being's dignity and value. But, his theoretical system can't back that purpose. First, he focused on the real world and maintains "GiseonLihoo[氣先理後]". It means that the ontological sense of Li can be unmake by Gi, then Li can't be the ultimate basis of everything under the sun and pure good moral principle. This concept is perfectly realized in the theory of Mind-Nature, the realistic nature of everything under the sun is a thing that Li had been unmade by Gi, also formed in mixing with disposition. The practical and concrete Mind only has a cognitive function which had already been decided it's superiority. How can we practice moral behavior, can secure human-being's value and dignity in being based on these Mind-Nature?

• English & American cultural studies
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• v.17 no.1
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• pp.107-128
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• 2017

Gaines depicts the process of transformation of a black young who accepts his execution with dignity in A Lesson Before Dying. There two personas of the protagonist, Jefferson, appear in this novel. The former seen in the black and white community is the persona of falsehood and submission, and the latter appeared in the black community is the true persona. The former, the pig persona in black-and-white community is created, forced onto them by whites and the human persona in the black community is made by their own standards without being forced. Jefferson has been depersonalized by his pig persona. He implements their false persona by mimicking pigs to confront its reality. And then he retrospects the pleasure of relationship throughout his own life. Grant's expensive gift, the radio, becomes a trigger to realize the significance of his existence and the social solidarity. Moreover, many black visitors look at him with expectant eyes of fulfilling their historical burden. After all, Jefferson is executed as a human being with dignity, and the transformation of Jefferson from a pig to a human is getting rid of the white values and standing on the black values. In other words, it is the procedure of creating the new myth out of the false myth, from meaningless life to meaningful death.

• Journal of Korean Biological Nursing Science
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• v.25 no.1
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• pp.8-19
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• 2023

Purpose: The purpose of this study was to analyze the experiences and perceptions of nursing students related to their cadaver practice through an integrative review. Methods: An integrative review was conducted using Whittemore and Knafl's framework published in 2005. The key words, "nursing students & cadaver" and "nursing students & anatomy" were used to search peer-reviewed publications in six databases. Among 373 searched articles, 15 articles were selected after excluding articles that did not meet the inclusion criteria. The literature quality was moderate (levels C and B). Results: The results from the 15 selected studies were integrated and classified into seven themes: "anxiety and discomfort," "gratitude and respect for donors," "dignity of the human body and life," "acceptance of death," "getting closer to the nursing profession," "enhanced understanding and memory of the human body" and "enhancement of learning motivation." Conclusion: In conclusion, cadaver practice provided an opportunity to form values about the dignity of life and death, helped nursing students understand the human body, and motivated them to approach the profession of nursing. It is suggested to develop integrated cadaver practice programs that incorporate bioethics, spiritual nursing, and the vocation of the nursing profession.

• The Journal of Korean Academic Society of Nursing Education
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• v.24 no.1
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• pp.50-60
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• 2018

Purpose: This study aims to determine the bioethical subjectivity of nursing students with experience volunteering in elderly care facilities, and the characteristics that comprise the types thereof. Methods: Q methodology, which analyzes the subjectivity of each type, was used. The 37 selected Q statements from 32 participants were classified into the shape of a normal distribution using a 9-point scale. The collected data were analyzed using the PC-QUANL program. Results: The survey revealed that the bioethical subjectivity of nursing students with experience volunteering in elderly care facilities can be divided into three types: a rational dignity emphasis, an autonomous right to life belief, and conflict avoidance. All three attitudes regard human beings as possessing dignity, and life and death as elements to be experienced as aspects of human life. Bioethical values are critical to treatment and care; however, it is sometimes also held that humans have the right to commit suicide. Conclusion: This study enhanced our awareness of nursing students' bioethics. The findings can be used as a basis for the design of differentiated bioethics education according to each type of bioethical subjectivity. This calls for diverse research on bioethics and the implementation of effective bioethics education.

• The Korean Society of Law and Medicine
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• v.13 no.2
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• pp.285-308
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• 2012

The Korean supreme court said that Mrs Kim who was in a persistent vegetative state had a right to die if she had a presumed will or assumption of dying against Severance hospital in 2009. Presumed would be vague and can not be subjective to conjecture though, the court had a developed trial on the case. I recommend the higher valued notion such as the 'right to decide on the life extension' is more logical than assumptive will. To achieve this recommendation, I will search right to life, right to decision, human dignity and find the good relationship between them. In conclusion, I will announce that if PVS patients without advanced directives aren't able to express their will and no one could not assume their right to die in spite of meaningless life extension. So only the due and strict procedure about the extinction of meaningless PVS patients will allow them to sacrifice themselves or remove life extension ventilators. Also active euthanasia would be possible under the strict procedure of making advanced directives and the act of helping active euthanasia additionally, the crime of abetting suicide would not be executed in the legal scope.

• 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.

• 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.

• Korean Journal of Social Welfare
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• v.59 no.3
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• pp.33-58
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• 2007

Capital punishment is a system which is not finished simply as one of interim penalty but does away with one person's existence eternally. It is not only opposite to the existential humanism but also contrary to social welfare's goal like social integration. Therefore, this study tries to find out the issues related to capital punishment and further tries to draw out the rightness of capital punishment abolition by critically reviewing the capital punishment system on the basis of the value and philosophy of correctional welfare. In brief, capital punishment is possible only when we negate the inviolable fundamental right which is called life right, and deny the human life existence which surpasses space and time. As long as we can not deny the macroscopic viewpoint to search out the basis of human behavior in the social system which is called culture and society, capital punishment system is contrary to the philosophy of welfare that total society is responsible for guiding members of society to pursue self realization on the basis of value like social solidarity and human dignity. Also, it is against the objective of correctional welfare to head toward special prevention by positive correction and rehabilitation. Capital punishment system ought to be abolished properly.

• Journal of Korean Philosophical Society
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• v.146
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• pp.1-24
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• 2018

The purpose of this paper is to explore the meaning of theoretical ethics regarding bioethics. First, I explore the meanings and limitations of the bioethics domain for 'the principle of equal consideration of interests' and the 'preference utilitarianism' concepts Singer presents. Secondly, I emphasize the significance of Kant's ethics in the domain of bioethics. Lastly, I suggest that Aristotle's virtue ethics should be realized in the domain of bioethics. Furthermore, I would like to suggest the meaning of human life through this. Singer's argument brings up a new topic about the meaning of evolved life not considered in the history of traditional ethics. He presented undeniable opinions about human dignity that he took for granted. In addition, it is assessed that the scope extension for the life respect target has been reasonably achieved. Contrary to this, Kant's ethics explains the meaning of human dignity based on its metaphysical meaning. Furthermore, it provides an appropriate orientation for human life. Embracing their claims is not sufficient to explain the meaning of Good Life. The meaning of Good Life is likely to be resolved through the application of Aristotle's virtue ethics. The meaning of a being of substance is living and furthermore, it is inherent to being itself.