• Title/Summary/Keyword: Right of Self-determination

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Family's Perception of Proxy Decision Making to Authorize Do Not Resuscitate Order of Elderly Patients in Long Term Care Facility: A Q-Methodological Study (심폐소생 금지 대리 결정에 대한 요양병원 노인 환자 가족의 인식 유형: Q 방법론적 접근)

  • Cho, Hyeon Jin;Kang, Jiyeon
    • Journal of Korean Academy of Nursing
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    • v.51 no.1
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    • pp.15-26
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    • 2021
  • Purpose: This study aimed to distinguish and describe the types of perceptions of do not resuscitate (DNR) proxy decisions among families of elderly patients in a long-term care facility. Methods: This exploratory study applied Q-methodology, which focuses on individual subjectivity. Thirty-four Q-statements were selected from 130 Q-populations formed based on the results of in-depth interviews and literature reviews. The P-samples were 34 families of elderly patients in a long-term care hospital in Busan, Korea. They categorized the Q-statements using a 9-point scale. Using the PC-QUANL program, factor analysis was performed with the P-samples along an axis. Results: The families' perceptions of the DNR proxy decision were categorized into three types. Type I, rational acceptance, valued consensus among family members based on comprehensive support from medical staff. Type II, psychological burden, involved hesitance in making a DNR proxy decision because of negative emotions and psychological conflict. Type III, discreet decisions, valued the patients' right to self-determination and desire for a legitimate proxy decision. Type I included 18 participants, which was the most common type, and types II and III each included eight participants. Conclusion: Families' perceptions of DNR proxy decisions vary, requiring tailored care and intervention. We suggest developing and providing interventions that may psychologically support families.

Discourses on Mental Health Act Revision and Critical Analysis on Mental Health Promotion and Welfare Service Support Act (정신보건법 개정 담론에 근거한 정신건강증진 및 정신질환자 복지서비스 지원에 관한 법률 주요 쟁점 분석)

  • Kim, Moon Geun
    • Korean Journal of Social Welfare Studies
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    • v.47 no.3
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    • pp.85-111
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    • 2016
  • This study aims to analyse major changes of Mental Health Promotion and Welfare Service Support Act(MHPWSSA) and critically discuss these changes based on the major discourses on Mental Health Act revision. For this purposes this study reviewed literatures and government reports to understand human rights discourses, welfare discourses, and prevention discourses. Secondly, the major changes of MHPWSSA were analysed and discussed based on those discourses. This study found that MHPWSSA defined the concept of people with mental disorders narrowly, tightened the involuntary admission procedures, introduced welfare service support provisions and mental health promotion provisions. But this study shows that the new legislation may well be criticised due to neglect of the concept of disability and people with psychiatric disability, involuntary admission without mental capacity assessment, neglect of the basic values and principles of self determination and independent living common in welfare of the persons with disability. And the new legislation may be criticised due to overuse of the concept of mental health promotion as encompassing promotion, prevention, treatment and rehabilitation.

Overview of Personal Information Protection Act in Korea (개인정보보호법의 개관 및 개정방향에 관한 연구)

  • Kim, Ilhwan;Sung, Jaeho
    • Journal of Internet Computing and Services
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    • v.16 no.4
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    • pp.141-148
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    • 2015
  • The Personal Information Protection Act enacted in March 2011 stated that the application target of this law includes all personal information processors in the public and private sector, and established the protection standard by phase such as collection, use and provision of personal information. There was an introduction of the Privacy Impact Assessment system that enables personal information processors to perform impact assessment autonomously if there are great concerns over the fact that making and expanding personal information files will influence the protection of personal information, while also making impact assessment compulsory for public institutions in specific reasons with great concerns for violating the rights of the subjects of information. This Act still has the problem that it is generally difficult to understand. This paper deals with the Korean legal practices about the personal information protection with regard to ambiguity and promotional system.

Privacy model for DTC genetic testing using fully homomorphic encryption (동형암호를 활용한 DTC유전자검사 프라이버시모델)

  • Hye-hyeon Jin;Chae-ry Kang;Seung-hyeon Lee;Gee-hee Yun;Kyoung-jin Kim
    • Convergence Security Journal
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    • v.24 no.2
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    • pp.133-140
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    • 2024
  • The spread of Direct-to-Consumer (DTC) genetic testing, where users request tests directly, has been increasing. With growing demand, certification systems have been implemented to grant testing qualifications to non-medical institutions, and the scope of tests has been expanded. However, unlike cases in less regulated foreign countries, disease-related tests are still excluded from the domestic regulations. The existing de-identification method does not adequately ensure the uniqueness and familial sharing of genomic information, limiting its practical utility. Therefore, this study proposes the application of fully homomorphic encryption in the analysis process to guarantee the usefulness of genomic information while minimizing the risk of leakage. Additionally, to safeguard the individual's right to self-determination, a privacy preservation model based on Opt-out is suggested. This aims to balance genomic information protection with maintainability of usability, ensuring the availability of information in line with the user's preferences.

Collaboration Strategies Between the Vocational Rehabilitation and Independent Living Services for People with Disabilities (장애인 직업재활과 자립생활 서비스 연계전략에 관한 연구)

  • Shin, Sook-Kyung
    • Journal of Convergence for Information Technology
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    • v.8 no.5
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    • pp.199-204
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    • 2018
  • The concept of the Independent Living (IL) movement has been affected on recent disability public policy to enhance the right of consumers with disabilities, as well as to eliminate the barriers on employment. The IL movement emphasizes the empowerment and autonomy of consumer with disabilities to achieve their rights in educational, social, and employ environment. This paper presents three vocational rehabilitation(VR) services that affect consumers with disabilities based on the values of the Independent Living movement, and recommend some practical strategies. These VR services include the collaboration projects between the VR agencies and Independent Living Centers, the intervention programs to enhance the self determination or informed choice as a consumer, and the projects to strengthen the relationship between consumers with disabilities and their service providers.

A study on community care using AI technology (AI 기술을 활용한 커뮤니티케어에 관한 연구)

  • Seungae Kang
    • Convergence Security Journal
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    • v.23 no.5
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    • pp.151-156
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    • 2023
  • Currently, ICT is widely used in caring for the elderly living alone and preventing the disappearance of the elderly with dementia. Therefore, in this study, based on the government policy direction for the 4th industrial revolution, the use of AI technology-based care services, which are gradually increasing in community care, was sought to explore the current status and prospects for utilization and activation.AI speakers and caring robots, services that can be used for community care, help solve various problems experienced by the elderly, and are also used to relieve lack of conversation or loneliness by adding emotional functions. In order to activate community care using AI technology in the future: First, there is a need for continuous education to familiarize the elderly with AI devices and 'user experience (UX) design' for the elderly. Second, it is necessary to use human-centered technology that has a complementary relationship and enables emotional mutual relationships rather than using function-oriented technology. Third, it is necessary to solve ethical problems such as guaranteeing the user's right to self-determination and protecting privacy.

The Supreme Decision on the Withdrawal of Life Sustaining Treatment: 'Madam kim' Case Reviewed by the Life Sustaining Treatment Determination Act ('김할머니' 사례로 살펴본 가정적 연명의료결정에 관한 연구 -호스피스·완화의료 및 임종과정에 있는 환자의 연명의료결정에 관한 법률과 관련하여-)

  • Kim, Jang Ha
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.257-279
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    • 2016
  • Recently, the Well-dying Act was legislated in Korea, and it will come into effect in August 4, 2017. This Act allows to withdraw the life sustaining treatment from impending death patients and also provide the hospice and palliative treatment to terminal patients. In the Supreme Court's case so called "Madam Kim", medical condition of Madam Kim was a persistent vegetative status owing to brain damage and her family members wanted to remove the artificial ventilation. In 2009, the Supreme Court allowed to withdraw the artificial ventilation under the specific conditions. We applied this new Well-dying Act to the Madam Kim's case hypothetically in order to know this Act can reasonably solve the problem of life sustaining treatment for dying or terminal patients. For the impending patients, the Well-dying Act has the problem not to withdraw the futile treatment due to the advance directives of patients. Vice versa, the terminal patients have no chance to withdraw the life sustaining treatment due to the this Act impose the duty to provide the hospice and palliative treatment despite of advance directives. We need to ruke out the persistent vegetative patients from the terminal patients caused by the cancer, acquired immune deficiency syndrome, chronic obstructive lung disease and chronic liver cirrhosis, In addition, we have to discuss the effect of the advance directives of terminal patients in view of self determination right.

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Review of 2022 Major Medicla Decisions (2022년 주요 의료판결 분석)

  • Lee Jeongmin;Yoo Hyunjung;Park Taeshin;Jeong Heyseung;Cho Woosun;Park Nohmin
    • The Korean Society of Law and Medicine
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    • v.24 no.2
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    • pp.79-117
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    • 2023
  • Among the healthcare-related judgments handed down in 2002, there was a significant ruling on the timing of the duty of explanation, stating that, in order to ensure the exercise of the patient's right to self-determination, the patient must be given time to consider and decide on the risks and side effects of a medical procedure in specific circumstances. In addition, in a case where an insurance company claimed unjust enrichment against a medical institution on behalf of its insureds, the court provided a clear standard by distinguishing between active and passive requirements regarding the need to preserve the right of subrogation of creditors. In the area of medical administration, there was a ruling that clarified that a medical institution's business suspension under the National Health Insurance Act is directed against the medical institution, a ruling that broadly recognized causation in a case of compensation for side effects of corona vaccination, and a ruling on the scope of a medical practitioner's license, such as the use of ultrasound devices by an oriental medicine practitioner. In a case involving a patient's claim for eviction from a medical institution, the court reviewed a ruling on just cause for termination of a hospitalization contract in relation to Article 15(1) of the Medical law.

A Study on Legal Regulation of Neural Data and Neuro-rights (뇌신경 데이터의 법적 규율과 뇌신경권에 관한 소고)

  • Yang, Ji Hyun
    • The Korean Society of Law and Medicine
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    • v.21 no.3
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    • pp.145-178
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    • 2020
  • This paper examines discussions surrounding cognitive liberty, neuro-privacy, and mental integrity from the perspective of Neuro-rights. The right to control one's neurological data entails self-determination of collection and usage of one's data, and the right to object to any way such data may be employed to negatively impact oneself. As innovations in neurotechnologies bear benefits and downsides, a novel concept of the neuro-rights has been suggested to protect individual liberty and rights. In Oct. 2020, the Chilean Senate presented the 'Proyecto de ley sobre neuroderechos' to promote the recognition and protection of neuro-rights. This new bill defines all data obtained from the brain as neuronal data and outlaws the commerce of this data. Neurotechnology, especially when paired with big data and artificial intelligence, has the potential to turn one's neurological state into data. The possibility of inferring one's intent, preferences, personality, memory, emotions, and so on, poses harm to individual liberty and rights. However, the collection and use of neural data may outpace legislative innovation in the near future. Legal protection of neural data and the rights of its subject must be established in a comprehensive way, to adapt to the evolving data economy and technical environment.

Searching for a Curriculum to Reconceptualize Sexuality for Youth Sex Education : Nth Room Era, New Talk of 'Body' and 'Sex' from a Feminist Theological Point of View (청소년 성교육을 위한 성성(性性)의 재개념화 커리큘럼 모색 : N번방 시대, 여성신학적 관점에서 '몸'과 '성'을 새롭게 이야기하다)

  • Lee, Jooah
    • Journal of Christian Education in Korea
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    • v.67
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    • pp.301-337
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    • 2021
  • The researcher looked at the differences in views and various controversies surrounding Korean youth sexuality education in the wake of the Nth Room incident, which had a great impact on modern Korean society. Sex education for adolescents in Korea can be divided into public sex education through school sex education and the Youth Sexuality Center, and conservative/traditional Protestant sex education. Public sex education is partly influenced by feminist sexual ethics and comprehensive sex education abroad. Based on gender sensitivity and the right to sexual self-determination, four major projects are prevention of sexual harassment, prostitution, sexual violence, and domestic violence. However, the school sex education standard was criticized for stereotypes of gender roles and gender-discriminatory content, reinforced distorted myths about sexual violence, and exclusion of sexual diversity and various family types. Conservative/traditional Protestantism is based on the normal family ideology such as bisexual marriage, premarital chastity, and sexual ethics recognized only within marital relationships. It is a form of confrontation with public sex education while strongly opposing it. The researcher first analyzed the characteristics of public sex education, conservative/traditional Protestant sexual ethics and sex education, feminist sex ethics and sex education, and overseas youth sex education, respectively, while composing the curriculum for Korean youth sexuality education. And as a more fundamental solution to youth sexuality education, I pointed out that there are limits to asceticism, premarital chastity, gender sensitivity and sexual self-determination education, and found an alternative to the concept of body and sex in feminist theology. The researcher pointed out that it is necessary to reconceptualize the body and sex under the recognition that the most fundamental cause of distorted sexual culture is dualistic sex and understanding the body, centering on the research of various feminist theologians. And this was conceptualized into three concepts: holistic sexuality, mutual solidarity understood in relationships with others, and sexuality as a spirituality that extends to the global community. And with each curriculum, 1) Holistic Sexuality: Breathing, Narrative, Making the Shape of One's Body and Mind 2) mutual solidarity : Feeling the Breath of Others, Media Literacy through Conscientization, Sending a Good Wind 3) Sexuality as a spirituality that extends to global concern: It was proposed to pay attention to nature and to co-cultivate it, to listen to the earth's moans and create a new way of life, and to write a prayer with the earth and fellow living beings.