• Title/Summary/Keyword: Respect for the Rights

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Students' Perspectives on Integrating a Social Service Program into a Medical Humanities and Social Science Curriculum (인문사회의학 교육과정에서 사회봉사체험실습 프로그램에 대한 학생 인식)

  • Kim, Pyeong Man;Kim, Soo Jung;Kang, Wha Sun
    • Korean Medical Education Review
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    • v.17 no.3
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    • pp.140-147
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    • 2015
  • Medical education can provide students with an opportunity to encounter marginalized communities and motivate them to become involved with the needs of disadvantaged people. The College of Medicine of The Catholic University of Korea includes a social service program in the medical humanities and social sciences curriculum. The course has lectures on social welfare, human rights, and social service, as well as four days of social service in 'Flower Village,' which is a Catholic social welfare institution. This study analyzes the satisfaction, feedback, and reflection papers of students who completed the social service program and provides an educational model for the medical humanities and social sciences. Students' satisfaction with the program was scored at 4.23 out of 5. A qualitative study of students' reflection papers derived 7 key phrases, among which 'nature and practice of social service,' 'holistic understanding of humans,' 'empathy and communication,' and 'social responsibility' are identified as goals of this program and 'happiness,' 'respect for human life,' and 'compassion' are good indicators of students' compassionate participation. Encounters with marginalized communities within the medical curriculum allows students to serve people with social difficulties and work for the improvement of their living conditions. Students learn to approach social needs with concern and empathy and seek ways to contribute to those communities.

Understanding of the Procedure of International Commercial Transaction under Contractual Approach Method (계약을 중심으로 하는 국제무역거래과정의 이해 - 정형거래조건을 중심으로 -)

  • Oh, Won-Suk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.41
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    • pp.3-21
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    • 2009
  • To understand the procedure of international commercial transaction clearly and logically, this author would like to emphasize the contractual approach in this paper. The main contract in the transaction is the contract of sale; to perform this contract, the three subordinate or supporting contracts(including the contract of carriage, the contracts of insurance and the contract of payment) should be followed and performed. In the contract of sale, besides the express Terms, the trade Terms have very comprehensive meanings. Each trade term in Incoterms(2000) deals with the matters relating to the rights and obligations of the parties to the contract of sale with respect to the delivery of the goods sold. It also provides for the duties of seller or buyer relating to the contract of carriage, the contract of insurance and the payment in the process of the delivery of goods. Especially, it does not provide the methods of payment concretely, but it imposes the seller to hand over the documents evidencing the conformity of the contract of sale, and the delivery which includes the documents of carriage and/or insurance. Thus although the trade Terms deal with the obligations of the seller or buyer directly, they are very closely related with the contract of carriage and the contract of insurance indirectly, and also with contract of payment using the documentary draft. For the Arbitration or the litigation in the case of the breach of contract, the trade Terms play very significant roles. When an arbitrator or a judge decides the case, they should understand each obligation clearly, in which case, the trade terms give answers about who is wrong or who is right. Therefore, the contractual approach focusing on the trade terms would give very fruitful advantages to the students or teachers in understanding the procedure of the international commercial transaction systematicly and comprehensively.

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A Study on the Problems and Improvement of the Safety Management Law of Nuclear Facilities -Focused on Safety Management of Aquatic Products- (원자력시설 안전관리 법제의 문제점과 개선방안 연구 -수산물의 안전관리를 중심으로-)

  • Lee, Woo-Do
    • The Journal of Fisheries Business Administration
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    • v.50 no.2
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    • pp.23-40
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    • 2019
  • The main purpose of this study is to analyze and examine the problems of the law systems of the safety and maintenance of nuclear facilities and to propose the improvements with respect to the related problems especialy focused on safety management of aquatic products. Therefore, the results of the paper would be helpful to build an effective management law system of safety and maintenance of nuclear facilities and fisheries products. The research methods are longitudinal and horizontal studies. This study compares domestic policies with foreign policies of nuclear plants and aquatic products. Using the above methods, examining the current system of nuclear-related laws and regulations, we have found that there exist 13 Acts including "Nuclear Safety Act", etc. Safety laws related on nuclear facilities have seven Acts including "Nuclear Safety Act", "the Act on Physical Protection and Radiological Emergency", "Radioactive waste control Act", "Act on Protective Action Guidelines against Radiation in the Natural Environment", "Special Act on Assistance to the locations of facilities for disposal low and intermediate level radioactive waste", "Korea Institute of Nuclear Safety Act". "Act on Establishment and Operation of the Nuclear Safety and Security Commission". The seven laws are composed of 119 legislations. They have 112 lower statute of eight Presidential Decrees, six Primeministrial Decrees and Ministrial Decrees, 92 administrative rules (orders), 6 legislations of local self-government aself-governing body. The concluded proposals of this paper are as follows. Firstly, we propose that the relationship between the special law and general law should be re-established. Secondly, the terms with respect to law system of safety and maintenance of nuclear plants should be redefined and specified. Thirdly, it is advisable to re-examine and re-establish the Law System for Safety and Maintenance of Nuclear Facilities. and environmental rights like the French Nuclear Safety Legislation. Lastly, inadequate legislation on the aquatic pollution damage should be re-established. It is necessary to ensure sufficient transparency as well as environmental considerations in the policy decisions of the Korean government and legislation of the National Assembly. It is necessary to further study the possibilities of accepting the implications of the French legal system as a legal system in Korea. In conclusion, the safety management of nuclear facilities is not only focused on the secondary industry and the tertiary industry centering on power generation and supply, but also on the primary industry, which is the food of the people. It is necessary to prevent damage to be foreseen. Therefore, it is judged that there should be no harm to the people caused by contaminated marine products even if the "Food Safety Law for Prevention of Radiation Pollution Damage" is enacted.

A Study on Families and Kinship Concepts in Korea: A Focus on Family Related Laws (한국 가족 및 친족 개념에 대한 연구 : 가족관련 법을 중심으로)

  • Sung, Mi-ai
    • Journal of the Korean Home Economics Association
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    • v.47 no.4
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    • pp.11-24
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    • 2009
  • This study aims to analyze families and the kinship concepts in Korean laws based on meanings, boundaries, and functions. Korean culture is in the process of changing from traditional familism to democratic individualism, yet this is not a simple transition. In recent times, many people have come to look at family life from both traditional and individual perspectives, so their family values are inconsistent with each other. Therefore, this creates many family conflicts. As a result of this problem, I have analyzed families and the kinship concepts in Korean laws based on meanings, boundaries, and functions. Because laws regulate and reflect our everyday life, it is meaningful to review these laws. The results are as follow: First, the meaning of family in Korean laws is to respect other family members, and democratic family relationships. Second, the family boundaries are very different depending on the laws. The core boundary is the nuclear family, but in addition to the nuclear family, the parents of the wife and husband, the family of origin and the kin living together are included in the family member regulations. Third, the functions of the family are caring, education, rules for the living place, child discipline, supporting each other, guardianship for the family members, succession of family assets, and legal accusation rights. Kinship plays an important role in determining child guardianship, permission of a minor to marry, and authority over legal incompetency. Therefore, there are some contradictions between individualism and patriarchy in Korean laws, and these can have an influence on the conflicts between family members in the everyday life.

Theoretical Considerations for Formation and Roles of International Organizations : With Special Regard to Experiential Cases of IAEA (국제기구 형성과 역할에 관한 이론적 고찰 : IAEA의 경험적 사례를 중심으로)

  • Kim Tae-Woon
    • The Journal of the Korea Contents Association
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    • v.6 no.7
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    • pp.79-89
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    • 2006
  • This study attempted theoretical considerations for the formation and roles of international organizations. More specifically, the study examined experiential cases of IAEA's formation and roles, based on the points of realist and liberalist paradigms that show different viewpoints on the formation and roles of international organizations. The findings of this study show that many parts cannot be explained only with theoretical assumptions of liberalist paradigm, such as international organizations' functional merits, game rules, interdependent interests and role independence. Especially as seen in the formation and operation cases of IAEA, the formation of international organizations is mainly motivated by the security of vested rights among powers and their roles may be changed, depending on the mutual policy objectives of the countries concerned.. In this respect, international organizations do not seem to be strictly protected in independence or efficiency of their roles. Therefore, the liberalist hegemony stability theory is useful to explain the formation and roles of international organizations.

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Improvement Plan of the Korean Electronic Medical Record (우리나라 전자의무기록의 개선방안)

  • Choi, Chan-Ho
    • Journal of Society of Preventive Korean Medicine
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    • v.18 no.3
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    • pp.11-21
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    • 2014
  • The rapid development and distribution of information communication industry facilitates the changes of hospital administration, introducing EMR(Electronic Medical Record) instead of paper-based medical record in the medical field. The developed countries such as U.S. have established EMR system after in the middle of 1970s because the primary advantages of EMR is to store and handle vast amounts of records efficiently and increase the quality of health care. Most of health organizations in Korea also apply medical record system to their administration. As the result, they have accomplished a scientific administration system through the use of medical record to handle a variety of patient's information including patient's confidentiality and privacy such as family history, social status, income level, and so on. However, access to and the misuse of EMR causes illegal infringement of patient's information and finally it becomes a very serious medical issue. Potential leakage and misuse of records may seriously infringe patient's privacy rights. In this respect, the related agencies in the public and private sector have been making efforts to prevent patient's records leakages. Especially, the revision bill of Medical Law in 2002 establishes the ways on the security and standards of electronic records. However, it does not provide the proper guidelines which is applied to the rapid changes of the medical environment. One of the most priorities in the hospital administration is the production and maintenance of an accurate medical records fulfilled by medical recorders. Therefore, it is very important for health care providers to hire ethical-based medical recorders. But, unfortunately most of hospitals overlook the importance of their roles. All parts including government, physician and patient must have more concerns on the problems related to EMR. Therefore, this study aims to propose the proper ways to resolve the problems coming from EMR.

Ethical Dilemma and Professionalism of Long-term Care Hospital Nurses (요양병원 간호사의 윤리적 딜레마와 전문직업성)

  • Choi, Eun-Young
    • The Journal of the Convergence on Culture Technology
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    • v.4 no.1
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    • pp.153-163
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    • 2018
  • The purpose of this study was to investigate nurses' ethical dilemma and professionalism in long-term care hospitals. Participants in this study were 210 nurses working in 14 long-term care hospitals. Data analysis was done using SPSS / WIN 24.0 program. As a result of this study, the ethical dilemma of the nurse was moderate. The highest sub-area was 'nurse-patient relationship' and 'respect of life and human rights' was the lowest sub-area. The professionalism of the subjects was moderate, and the score of 'sense of mission' area was the lowest. Nursing ethics guidelines should be developed that reflect the ethical dilemma of nurses in long-term care hospitals, and will provide the right values for the ethical dilemma that nurses face in their workplace. When planning the nurses' professionalism education, it is necessary to have a strategy to enhance the sense of mission by emphasizing beliefs and values about nursing care.

Identification of Latent Classes of Adolescent's Health Condition and Verification the effects of Social Capital : Comparison of Intact Families and Single Parent families (청소년 건강에 대한 잠재계층 분류 및 사회자본의 영향 검증 : 양부모가정과 한부모가정의 비교를 통하여)

  • Chun, JeeWon;Kim, Kyoung-A
    • Journal of Digital Convergence
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    • v.16 no.6
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    • pp.385-397
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    • 2018
  • This study used latent class analysis to identify heterogeneous subgroups with respect to health condition among adolescents. We also examined associations between latent classes and verified to determine how the patterns of health condition relate to social capital. This study used data from Korean Survey on the Rights of Children and Youth in 2015, which consists of 6,912 from middle and high school students. The findings are as follows. Latent class analysis revealed a three-class solution. Results indicated that family social capital and school capital significantly verified to the above latent classes all family type. But, community social capital not significantly predicted to the above latent classes only single parent families. Policy implications for improving the health condition of adolescents are discussed.

Concerning the Constitution Court's constitutional decision and the direction of supplemental legislation concerning Article 33 paragraph 8 of the Medical Service Act - With a focus on legitimacy of a system that prohibits multiple opening of medical instituion, in the content of 2014Hun-Ba212, August 29, 2019, 2014Hun-Ga15, 2015Hun-Ma561, 2016Hun-Ba21(amalgamation), Constitutional Court of Korea - ('의료법 제33조 제8항 관련 헌법재판소의 합헌결정'에 대한 평가 및 보완 입법 방향에 대하여 -헌법재판소 2019. 8. 29. 2014헌바212, 2014헌가15, 2015헌마561, 2016헌바21(병합) 결정의 내용 중 의료기관 복수 개설금지 제도의 당위성 및 필요성을 중심으로-)

  • KIM, JOON RAE
    • The Korean Society of Law and Medicine
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    • v.20 no.3
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    • pp.143-174
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    • 2019
  • Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution, and one of them is to prohibit the operation of multiple medical institutions. By the way, virtually multiple medical institutions could be opened and operated because the Supreme Court had interpreted that several medical institutions could be opened if medical activities were not performed directly at the additional medical institution which was opened under the another doctor's license. However, some health care providers opened the several medical institutions with another doctor's license for the purpose of the maximization of profit, and did illegal medical cares like the unfair luring of patients, over-treatment, and commission treatment. Also, realistic problems such as the infringed health rights have arisen. Accordingly, lawmakers had come to amend the Medical Law to readjust the system of opening for medical institution so that medical personnel could not open or operate more than one medical institution for any reason. For this reason, the Constitutional Court recently declared a constitutional decision through a long period of in-depth deliberation because the constitutional petition and the adjudication on the constitutionality of statutes had been filed on whether Article 33 paragraph 8 of the revised medical law is unconstitutional. The Constitutional Court acknowledged the "justice of purpose" in view of the importance of public medical institutions, of the prevention from seduction of for-profit patients and from over-treatment, and of the fact that health care should not be the object of commercial transactions. Given the risk that medical personnel might be subject to outside capital, the concern that the holder of the medical institution's opening certificate and the actual operator may be separated, the principle that the human body and life should not be just a means, and the current system's inability to identify over-treatment, it also acknowledged the 'minimum infringement'. Furthermore, The Constitutional Court judged it is constitutional in compliance with the principle of restricting fundamental rights, such as 'balance of legal interests'. In this regard, legislative complements are needed in order to effectively prevent the for-profit management and the over-treatment the Constitutional Court is concerned about. In this regard, consumer groups actively support the need for legislation, and health care providers groups also agree on the need for legislation. Therefore, the legislators should respect the recent Constitutional Court's decision and in the near future complete the complementary legislation to reflect the people's interests.

Some New Problems of International Aviation Security- Considerations Forcused on its Legal Aspects (최근국제항공보안대책(最近國際航空保安対策)의 제간제(諸間題) -특히 법적측면(法的測面)을 중심(中心)으로-)

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.5
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    • pp.53-75
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    • 1993
  • This article is concerned with the comment on "Some New Problems of International Aviation Security-Considerations Forcused on its Legal Aspects". Ever since 1970, in addition to the problem of failure to accept the Tokyo, Hague and Montreal Conventions, there has been also the problem of parties to them, failing to comply with their obligations under the respective treaties, in the form especially of nominal penalties or the lack of any effort to prosecute after blank refusals to extradite. There have also been cases of prolonged detention of aircraft, passengers and hostages. In this regard, all three conventions contain identical clauses which submit disputes between two or more contracting States concerning the interpretation or application of the respective conventions to arbitration or failing agreement on the organization of the arbitration, to the International Court of Justice. To the extent to which contracting States have not contracted out of this undertaking, as I fear they are expressly allowed to do, this promision can be used by contracting States to ensure compliance. But to date, this avenue does not appear to have been used. From this point of view, it may be worth mentioning that there appears to be an alarming trend towards the view that the defeat of terrorism is such an overriding imperative that all means of doing so become, in international law, automatically lawful. In addition, in as far as aviation security is concerned, as in fact it has long been suggested, what is required is the "application of the strictest security measures by all concerned."In this regard, mention should be made of Annex 17 to the Chicago Convention on Security-Safeguarding International Civil Aviation against Acts of Unlawful Intereference. ICAO has, moreover, compiled, for restricted distribution, a Security Manual for Safeguarding Civil Aviation Against Acts of Unlawful Interference, which is highly useful. In this regard, it may well be argued that, unless States members of ICAO notify the ICAO Council of their inability to comply with opecific standards in Annex 17 or any of the related Annexes in accordance with Article 38 of the 1944 Chicago Convention on International Civil Aviation, their failure to do so can involve State responsibility and, if damage were to insure, their liability. The same applies to breaches of any other treaty obligation. I hope to demonstrate that although modes of international violence may change, their underlying characteristics remain broadly similar, necessitating not simply the adoption of an adequate body of domestic legislation, firm in its content and fairly administered, but also an international network of communication, of cooperation and of coordination of policies. Afurther legal instrument is now being developed by the Legal Committee of ICAO with respect to unlawful acts at International airports. These instruments, however, are not very effective, because of the absence of universal acceptance and the deficiency I have already pointed out. Therefore, States, airports and international airlines have to concentrate on prevention. If the development of policies is important at the international level, it is equally important in the domestic setting. For example, the recent experiences of France have prompted many changes in the State's legislation and in its policies towards terrorism, with higher penalties for terrorist offences and incentives which encourage accused terrorists to pass informations to the authorities. And our government has to tighten furthermore security measures. Particularly, in the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescence to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. The general opinion is that the legal oystem could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the sovereign rights of states, and the human rights of the individuals. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co - ordinated measures.

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