• Title/Summary/Keyword: Responsibility and Duty

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The Functional Classification of Physician's Duty of Information and Liability for Violation of the Duty (의사 설명의무의 법적 성질과 그 위반의 효과)

  • Suk, HeeTae
    • The Korean Society of Law and Medicine
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    • v.18 no.2
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    • pp.3-46
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    • 2017
  • Physician's Duty of Information is classified into three categories by legal function: 'Duty of Information to Report' to fulfill the patient's right to know; 'Duty of Information to Guide' patient's convalescing and staying healthy; 'Duty of Information to Contribute' to patient's self-determination. We classify the physician's duty of information because the legal effect from the breach of duty varies accordingly. The legal effect is focused on damage compensation responsibility for breach of duty. When a physician violates 'Duty of Information to Report', he subjects himself to liability of compensation for infringing on the patient's 'Right to Know'. When a physician violates 'Duty of Information to Guide', she subjects herself to liability for general medical malpractice. Finally, when a physician violates 'Duty of Information to Contribute', the physician is basically liable for violation of the patient's 'Right to Self- Determination' which refers to infringement on freedom of choice. However, in the case of situation that patient's refusal to the medical treatment would be presumed, the physician bears all liability for the patient's damage which includes both of property and mental damage.

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Investigation of Construction Work Participants' Recognition for Assigning Safety and Health Management Responsibility to Client (건설공사 발주자의 안전보건관리 책임 부여에 대한 공사 참여자 인식 조사)

  • Won, Jeong-Hun;Park, Hyung-Keun;Lim, Se Jong;Park, Yong Kyu
    • Journal of the Korean Society of Safety
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    • v.30 no.5
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    • pp.59-66
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    • 2015
  • This study investigated the recognition difference among construction work participants for the assignment of the safety and health management responsibility to a client by survey. Recently, there were some studies for the client's responsibility and duty and they suggested the client-initiative safety and health management system in order to prevent construction accidents. To supplement the existed studies, this study surveyed various construction participants such as clients, safety managers, construction managers, supervisors, others. The clients and construction managers considered the contractor as most important person to prevent construction accidents, but the safety managers and supervisors considered the client. For the opinion that the assignment of the safety and health management duty to a client is helpful, safety managers were agreed with the most. However, the clients showed the lowest agreement. The reasons that the negative opinion for the assignment of client's the safety and health management were different between clients and other construction parties. Since, clients showed large difference to other construction participants for the recognition of works' safety and health, the education about the works' safety and health management should be continuously performed for clients to have correct recognition for works' safety and health.

Research on the prevention of legal dispute over 119 rescue team (119구급대의 법적분쟁 예방에 관한 연구)

  • Lim, Jae-Man
    • The Korean Journal of Emergency Medical Services
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    • v.13 no.1
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    • pp.19-33
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    • 2009
  • Purpose : To check the legal relation between rescue team and patient as well as legal responsibility for patient's damage intentionally or erroneously caused by rescue member, a public official, in the performance of relevant job ; to prevent legal dispute over rescue team and to present program for fair settlement of dispute and equitable and feasible burden of damage. Method : First, the legal principle of Civil Law, Criminal Law and Administrative Law related to the theme of this research will be investigated around research by literature. Second, the case of dispute related to rescue team will be introduced. Result: 1. If 119 rescue members as a public official intentionally or erroneously cause damage to patient in the performance of job, they shall bear civil, criminal and administrative responsibility. They shall bear civil responsibility for indemnity for damage due to default or tort. The typical criminal responsibility includes accidental homicide arising out of duty, preparing falsified official document, dereliction of duty, etc. In the administrative side, the state is responsible for indemnity for peculiar status of the rescue member, public official. 2. Though raising civil petition or legal dispute over unsatisfactory rescue service may be reasonable to guarantee the right of nation, such action may cause stress to rescue member as well as may lead to mental shrinking and defensive attitude only to take the basic first aid treatment which has low possibility of mistake instead of active first aid treatment so as to avoid legal responsibility. 3. The program that may prevent legal dispute over 119 rescue team includes expansion of manpower specialized in first aid treatment, enhancement of education on legal environment, development and application of standard job guideline, formation of mutual trust with patient, detailed explanation, preparing and keeping minute record, improvement of the rescue members' ability of first aid treatment and development of medical instruction mode. Conclusion : The best policy is to prevent legal dispute. If it is impossible to basically exclude the possibility of dispute, however, we need to make effort to minimize the occurrence, settle fairly and divide damage equitably and feasibly. To improve the preventible death rate of our first aid system to the level of advanced country, 119 rescue team which is in charge of the stage before hospital needs to positively enforce special first aid by improving the qualitative level of rescue service and to strive to prevent legal dispute that may occur in the process.

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THE ROAD TO THE 85 DB(A) NOISE FENCE IN QUEENSLAND: VALUES, POLITICS, AND PUBLIC POLICY

  • Eddington, Ian;Gapp, Rod;James, Julie
    • Proceedings of the Acoustical Society of Korea Conference
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    • 1994.06a
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    • pp.631-637
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    • 1994
  • For at least 14 years after the publication of minimum permissible exposure limits that would largely eradicate industrial deafness, statute legislation in Queensland remained unchanged and ineffective. Industrial deafness continued to occur. New legislation, introduced in 1989 and amended in 1993, and based on a duty of care responsibility incumbent on all, may remedy this situation. The new legislation is examined and comments are made about the values inherent in the new approach. It is concluded that public policy strategists may increase the likelihood of success of they ensure that the duty of care provisions (together with the general provisions of the Act) are backed up by innovative complementary economic, financial and marketing incentives.

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Concept Analysis of Accountability (책무성(Accountability)의 개념분석)

  • Kim, Ki-Kyong
    • Journal of Korean Academy of Nursing Administration
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    • v.10 no.2
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    • pp.233-241
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    • 2004
  • Purpose: The study was done to analyze the concept of accountability. Method: This study adopts a methode of Walker and Avant(1995) for analysis. Result: The defining attributes of accountability are obligation(competency, implementation) of justification, explanation, reporting and disclosure one's action to whom, acception of the evaluation and sanction against results of one's action. The antecedents of accountability are competency, knowledge, skills, values, duty, obligation, authority, empowerment, responsibility, autonomy. The consequences are public safety, improvement of professionalism & healthcare quality, partnership and stress & strain. Conclusions: It is required to develop the ethical concept and theory construction for accountability.

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Mass Media's Social Responsibility and Accountability: Focusing on Hutchins Report(1947) and Media Normative Theory (매스미디어의 사회적 책임과 어카운터빌리티: 허친스 보고서(1947)의 재고할 및 규범이론으로의 변천과정을 통해 본 현재적 의의와 과제)

  • Jung, Soo-Young
    • Korean journal of communication and information
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    • v.47
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    • pp.23-49
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    • 2009
  • The purpose of the study is to suggest contents, and a range of a Nonnative Theory and a practice for overcoming a crisis of the Mass media. In order to achieve the purpose of the study, a limitation and implication of Social Responsibility Theory was looked into by investigating a Hutchins Report. Hutchins Report suggested the related points at moral duty and legal obligation in implementing mass media's Social Responsibility and Accountability, with relations in publics and community. However, within a view point of a lack of Accountability, Social Responsibility Theory limited responsibility to the realm of 'function', 'self-regulation' and 'self-ethics', In order to promote mass media's quality and serve to rehabilitate its reliability under the pluralistic media system, the contents of Social Responsibility and its scope should be suggested. Media Accountability is a starting point to draw out the contents and scope of Social Responsibility and also a valid democratic plan for mass media to 'social self-regulation' through the mutual communication with civil society. For future Social Responsibility and Media Accountability that is suitable for various mass media, and contents and a range should be defined.

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Difference of Caring Needs According to Caring Experience of the Elderly with Dementia and Caring Situation (치매노인 부양경험 유무에 따른 부양요구의 차이와 치매노인 부앵실태)

  • 최정신;권오정;김대년
    • Journal of the Korean Home Economics Association
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    • v.40 no.5
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    • pp.195-210
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    • 2002
  • The purpose of this study were to find out the difference of needs of caring between care-givers and non care-givers, and to suggest the way of lessening vigorous task of care-givers for the elderly with dementia. Data were collected from 130 nationwide respondents intentionally divided into two groups; care-givers and non care-givers in the middle aged with middle and upper income. Collected data were analyzed by frequency, percentage, t-test using SPSS package. Since the result of survey, unexpectedly, showed no difference between two groups, it could be explained as that these two groups commonly had same needs of caring for the elderly with dementia. Major findings were as follow; 1) Most Koreans stiff thought family should be the main care-giver for the elderly with dementia prior to nation or society. 2) Responsibility of caring for the elderly with dementia would be better to be shared with children instead of focusing to a child. 3) They thought ideal residential facilities for the elderly with dementia were small-scale professional dementia facility(group home) rather than home or general elderly housing. 4) Professional dementia care hospital was one of the most needed facilities for the elderly with dementia, followed by short-stay and dar-care center. 5) It was revealed care-giving task was vigorous showing that most care-givers spent 1-5 hours a day for caring, while 13% of respondents spent 11-24 hours a duty. 6) 90% of care-givers took the responsibility of main care-giver because of duty of offsprings or spouses, and wanted to be free from their current circumstances. From the result of this survey researchers would like to suggest the establishment of diverse facilities for professional dementia care to lessen the caring burden for the elderly with dementia: group home, chronic hospital, short-stay, day-care center. Financial support from the government for the housing renovation of the caring families should be considered seriously afterward. It is needed to give the opportunity to select proper paid dementia care facilities according to their income and situation of household.

Nature and Human Seeing Through I-Ching - Point of view of the Environmental Ethics (『주역(周易)』을 통해 본 자연(自然)과 인간(人間) -환경윤리의 관점을 중심으로 -)

  • Seo, Geun Sik;Chi, Chun-Ho
    • The Journal of Korean Philosophical History
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    • no.28
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    • pp.35-60
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    • 2010
  • In this paper, the researcher investigated the relationships between nature and humans through I-Ching(『周易』) from the perspective of environmental ethics. I-Ching(『周易』) is a literature which has been quoted so frequently as a desirable alternative for environmental issue. The researcher closely reviewed how the relationships between nature and humans had been defined in I-Ching(『周易』) and developed the discussions focusing on what humans could and should do for nature. Nature makes up for the portion of extinction through endless birth. By giving birth for a new life continuously, and complementing the portion of extinction at the same time, nature is being maintained and preserved. In the side of nature, extinction and birth are equal, meanwhile, the sage who wrote I-Ching(『周易』) had held the concept of anxiety worrying that the whole living beings would be extinct, therefore, the sage wrote I-Ching(『周易』) in the aspects of birth. For nature has always been maintained and preserved in its own cause, there is no chance of nature being destroyed by itself. Human is one living being amongst all things created by nature, and at the same time, humans had been endowed with a position which is one among SanCai(三才). Nature had given humans responsibility and duty according to their position, but humans neglect to perform their responsibility and duty indulging in enjoyment of their position. Because humans have only enjoyed their position which is the critical one amongst SanCai (三才), this failure has resulted in destruction of nature. It shall be necessary for humans to enjoy their position to a certain extent, in the meantime, however, they should discharge those responsibilities and duties in order for forming and nourishing powers of Heaven and Earth. Although it is the humans that have destroyed nature, they can also provide nature with help to give birth to a new life. Reason for humans have destroyed nature is that they forgot their responsibility and duty having been concealed by their selfish desires. If humans get rid of their selfish desires, and fulfill their given duties and responsibilities, nature shall become revitalized again.

Two Face of Citizenship Discourse - Reinterpretation of Social Citizenship of Marshall - (시민권 담론의 두 얼굴 - Marshall의 사회적 시민권에 대한 재해석을 중심으로 -)

  • Seo, Jeong-hee
    • Korean Journal of Social Welfare Studies
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    • no.39
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    • pp.147-165
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    • 2008
  • This Study analysis two features of social citizenship in the period of rights revolution. Discousive arguments are derived from different reinterpretations of social citizenship of Marshall. Some insist that main idea of welfare state is rights of social citizenship and the other insist that social rights is realized after doing duty. Especially the latter emphasis work obligation in which individual responsibility and duty, these discussion underlie wokrfare policy. This reserch examine two contrary discourses based on Marshall's theory, and make a close inquiry into correct interpretation about Marshall. New rights, the Conservative party and New Labour seek for ground on Marshall's citizenship theory, but these are distortion on it. Marshall insisted that citizenship constituted rights and duties but he claimed that discharge of a duty isn't precondition of the exercise of the right.