• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.145-173
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• 2016

A patient's Right to Self-Determination or his/her Right of Autonomy in the Republic of Korea has traditionally been understood as being composed of two elements. The first, is the patient's Right to Know as it pertains to the physician's Duty to Report [the Medical Situation] to the patient; the second, is the patient's Right to Consent and Right of Refusal as it pertains to the physician's Duty to Inform [for Patient's Consent]. The legal and ethical positions pertaining to the patient's autonomous decision, particularly those in the interest of the patient's not wanting to know about his/her own body or medical condition, were therefore acknowledged as passively expressed entities borne from the patient's forfeiture of the Right to Know and Right to Consent, and exempting the physician from the Duty to Inform. The potential risk of adverse effects rising as a result of applying the Informed Consent Dogma to situations described above were only passively recognized, seen merely as a preclusion of the Informed Consent Dogma or a denial of liability on part of the physician. In short, the legal measures that guarantee a patient's 'Wish for Ignorance' are not currently being understood and acknowledged under the active positions of the patient's 'Right Not to Know' and the physician's 'Duty to Consideration' (such as the duty not to inform). Practical and theoretical issues arise absent the recognition of these active positions of the involved parties. The question of normative evaluation of cases where a sizable amount of harm has come up on the patient as a result of the physician explaining to or informing the patient of his/her medical condition despite the patient previously waiving the Right to Consent or exempting the physician from the Duty to Inform, is one that is yet to be addressed; that of ascertaining direct evidence/legal basis that can cement legality to situations where the physician foregoes the informing process under consideration that doing so may cause harm to the patient, is another. Therefore it is the position of this paper that the Right [Not to Know] and the Duty [to Consideration] play critical roles both in meeting the legal normative requirements pertaining to the enrichment of the patient's Right to Self-Determination and the prevention of adverse effects as it pertains to the provision of [unwanted] medical information.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.32 no.2
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• pp.89-101
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• 2022

Objectives: By comparing and examining how important issues concerning industrial health information for workers are viewed in other advanced countries, it is intended to ascertain problems in the approach found in Korean legislation and obtain legal and policy implications. Methods: The results of a survey were introduced and analyzed through a comparative method for each case after investigating in detail what and how important issues surrounding workers' right to know industrial health information are reflected in the legislation of Germany, the U.S., the U.K., and Japan. Based on the results of this comparative analysis, theoretical and policy implications and legal policy improvement tasks were drawn to strengthen workers' right to industrial health information for each case in Korea. Results: For access to industrial health information, most of the other advanced countries clearly stipulate a right to access for current and past workers and/or their representatives. As a result, workers or their representatives do not need to use the Information Disclosure Act to access exposure records, and there is no debate over the Information Disclosure Act. In other words, industrial health information is focused on ensuring free access to workers or their representatives and is not interested in reporting it to the government. Conclusions: In order to strengthen workers' right to know about industrial health, it is most important to address the legal issues related to this right, which is considered insufficient by comparative law. This should start with a concrete and effective definition of what and how to guarantee workers' rights to industrial health, such as the right to freely access industrial health information, including for retired workers and bereaved families of deceased workers.

• The Korean Journal of Archival Studies
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• no.22
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• pp.77-114
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• 2009

The right to know is not satisfied merely by making or improving laws or systems. The right to know is a matter of culture rather than system. Nevertheless, consistent system improvement measures are required. There are many laws relating to the right to know. In particular, at the core are the Official Information Disclosure Act, the Record and Archives Management Act, and the Presidential Record Management Act. The fact that systems relating to official record management and presidential record management are related to the right to know is understood by the promotion of records and archives management reform after the year 2004, as a result of which the national archives management innovation road map was established. Reflecting the many opinions of the "Information Disclosure System Improvement Task Force" composed with participation of the government and the press after the participatory government's announcement of "Measures to Advance the Support System for News Coverage," amendments to the Information Disclosure Act have come forward with system improvement measures in connection with issues that had arisen until then. Such improvement measures have not resulted in actual improvements. This thesis proposes several system improvement measures, focusing on those that have arisen until now but have not been reflected in discussion, such as converting the concept of information non-disclosure into disclosure postponement, preparing and disclosing particular information disclosure standards, specifying personal information for non-disclosure, specifying and strictly applying any information that has not been disclosed for purposes of internal review, deleting non-disclosure items in stenographic records that do not have a reason to exist, and establishing limits and terms of non-disclosure. Of the most remarkable system improvement measures that have been made until now is our recognition that the right to know is not limited to the information disclosure system but that the "cause" of archive management should be systematic and scientific. In other words, the right to know is understood to establish not just accidential factors, such as with a whistle-blower, but the inevitable factors of systemization of production, distribution, preservation, and use of archives. Much more study should be pursued regarding disclosure of archives information. In particular, difficult issues to be resolved regarding reading records at permanent archives management institutions, such as the National Archives of Korea, or copyrights that arise in the process, require constant study from academia and relevant institutions.

• Journal of the Korean Society of Costume
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• v.54 no.4
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• pp.85-95
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• 2004

The Purpose of this study was to find a phase of clothing in Korean proverb. The results of the analysis of this research was as follows： In the case of headgear, was expose that symbolize handsomeness, conduct of life, personality that display charm and position which is not usage as only head protection. Upper wear was expressing aspect and person's similarity, and was symbolizing conduct of life by meaning of dress and its ornaments according to a person that dress displays that change. Trousers(bottom wear) was expose that it means aspect or conduct of life(a 4 case, 40％) through site. Overcoat showed that overcoat that is clothes that is symbolizing wearer's situation, aspect and wear most on face because is involved with behavior that is not right in clothes usage is used by standard that foretell personality. Underwear can know that expressed being involved with right behavior, nature by the basic clothes. I was able to know that I express an attitude of a life or a form through shoe, and the accessories won an minor order but that I have a large influence on a character or the appearance of a person. Silk fabrics expresses Position, and hemp cloth expressed by symbol that display ability. Also, silk fabrics had meaning that hint person's background. Dress and its ornaments that is used in proverb by these result can know that have function as symbolic symbol that display Person's nature or situation, aspect that is wearing clothes that is not function as only simple clothes.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.25 no.1
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• pp.1-12
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• 2015

Objectives: The major objectives of this study are to review the U.S. Standard which affected Korean worker's Right-to-Know Standard and to propose the way of improving the reliability of MSDS and labels. Methods: To review the U.S. Standard historically, we used the Federal Register, other criteria documentation and peer-reviewed literatures. Then we analysed major issues in the historical debatement on the worker's Right-to-Know Standard. Results: Korean MSDS Standard benchmarked the U.S. Hazard Communication Standard which finally established by President Reagan in 1983. Reagan's Hazard Communication Standard was aimed to preempt States Right-to-Know Acts for chemical industry and not to improve the awareness of workers on chemical hazards. Too much protection on trade secrets and low reliability of hazard information were key problems of the U.S. Standard. Conclusions: We recommend some ways to improve Korean MSDS and Label Standard. First, A new analysis frame is needed to understand the U.S Standard. Second, hazard identification is the key element of reliable information and chemical name and CAS number should be on the label of the container. Third, trade secrets should be limited to low hazardous substances and be permitted by government before the chemical product is on the market.

• Journal of Korean Library and Information Science Society
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• v.23
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• pp.79-108
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• 1995

Government Publications are published to keep records of governmental activities and performances. In a rapidly changing information-oriented society, it is badly required for the operation system of government publications and a library to be effectively managed with government publications for satisfying 'right to know' of people and improving the obligation of government to 'let people know.' Accordingly, the purpose of this paper is to analyze such five research items as the situation of the publication and distribution of, government publications, the operation system of the publications in library, the number of publications regarding secondary information sources for the publications, and the legal deposit of the publications in the National Library, in order to proceed with a subject as to how much the government publication is satisfying 'right to know' of people. The research findings were suggested as follow : 1) Despite the fact that the publication of government publications has been gradually increased every year in numbers and kinds, it is unfortunately pointed out that the publications, distributions and sellings of them were not well organized and systematic. That is, the government publications had not been published more than 1.47% of all publications in number. Moreover, more than the half of the publications were non-periodically or annually published. To make the matter worse, it was not easy to get an access to the publications because of the publications not to be sold. 2) It a n.0, ppears that people could not use the publications efficiently because the library and administrative document office did not pay sufficient attention to public relations for all sorts of government publications. Not only that, there were not enough numbers of publications regarding such secondary information sources as bibliography, index and catalog. A speedy searching capacity for the information gave rise to another serious problem which the government publications could not be effectively used. 3) It is legally stated that all sorts of government publication should be deposited to the National Libraries. However, the law was not properly put into force because of lack of understanding of government agencies about the law.

• Journal of Korea Society of Digital Industry and Information Management
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• v.10 no.2
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• pp.203-211
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• 2014

In recent highly competitive business environment, collaboration has become one of the important business strategies for companies to survive and/or prosper. There are many different types of collaboration strategies, and it is crucial for companies to select the right ones according to the types of collaboration they require. To select the right type of collaboration options for business, in the past research, there have been two important criteria to classify collaboration types, namely governance (who makes key decisions - one kingpin participant or all players?) and membership (can anyone participate, or just select players?). In this research, we add a new classification criterion, recognition of collaboration purpose, which means whether collaborators know or do not know the purpose of collaboration in advance. Recently, we see many cases in which social media data are used in many unknown purposes a priori. In this research, we add such cases to develop new classification model.

• The Mathematical Education
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• v.41 no.2
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• pp.227-231
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• 2002

The Pythagorean theorem and Pythagorean triple are well known. We know some Pythagorean triples, however we don't Cow well that every natural number can belong to some Pythagorean triple. In this paper, we show that every natural number, which is not less than 2, can be a length of a leg(a side opposite the acute angle in a right triangle) in some right triangle, and list some Pythagorean triples.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.227-251
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• 2014

In current law, the premium medical treatment system gives patients the right of choice between normal medical treatment service and premium medical treatment service. Only the doctors having a career more than a certain period of time fixed in the law are eligible for providing the premium medical treatment service. So, the premium medical treatment system is highly related to the patients' right to know and the right of self-determination. The system is also relevant to the so-called 'economic explanation' notion because patients should pay additional fee when they want to use this system. Meanwhile, the situation as follows is problematic as to this system. Although a patient applied for using the premium medical treatment system and the patient also chose his or her own doctor specifically, another doctor who was not selected as premium doctor could make a medical accident. Then, is the another doctor liable for damages because the accident was a medical malpractice or a breach of medical contract? In this study, we are going to examine the problems related with the premium medical treatment system. First, we examine the current law related to the system. Second, we look into the economic explanation duty and its application to the premium medical treatment system. Finally, we examine a real judgment case about a medical practice against the premium medical treatment system and we propose our solution to this case.

• Health Policy and Management
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• v.22 no.3
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• pp.315-346
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• 2012

The legal relationship between patient and physician is legally equal relationship. But, in times past, patients be compelled to sign an unequal contract, substantially. Because of the imbalance between supply and demand in the health care market. Today, the law of supply and demand in the health care market is running well. And as the cognition of citizens' rights grows, the relationship between patient and physician can also get a lot of changes. Patients have the right to know the information about medical care, and to decide whether or not to get treatment including invasions against their own bodies. In other words, Doctors have an obligation to explain to their patients. If doctors did not provide patients sufficient explanation or information, it violates the right of patients. This is a tort, or a breach of contract. To improve the remedy for violation of patient's right, patient is able to be protected by status as consumer. If patient is a kind of consumer in terms of medical consumption, he/she as consumer can enjoy supplementally the consumer's right. The patient as a consumer can exercise now a consumer's right as a constitutional right. In addition, with respect to consumer's rights, Framework Act on Consumers was enacted. This Act is based on constitutional provisions of Article 124 and the Act can be seen as a law that embodies consumer right because the provision of the constitutional law delegates specific contents. In the health care field, patients need to win recognition the statue of the consumer to hold the sovereignty of the consumer. In particular, if patients are consumers, they may be able to make good use of the quickly and efficiently collective dispute resolution and association lawsuit to rescue their damage, the Alternative Dispute Resolution(ADR) of Framework Act on Consumers.