• Korean Journal of General Education
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• v.8 no.4
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• pp.339-367
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• 2014

This study aims to provide an intellectual understanding of the problems of Liberal Arts, in the light of the philosophy of Derrida and Ricoeur. Especially, we consent to the 'Right to philosophy' in the thought of Derrida and to the 'Dialogism' in the philosphy of Ricoeur. According to Derrida, the Right to is linked to human rights. If human rights are important to students, the Right to philosophy is also essential for them. For we must apply the Right to philosophy in the Liberal arts. According to the philosophy of Ricoeur, the dialogism can be interpreted by the possibility of communication and the dialogical method. Dialogical method connects two often conflicting or different themes. We can say that it is somehow a discussion between different. This confrontation is to strike a balance between different perspectives. Anyway, thanks to the two themes, the Right to philosophy in Derrida and the dialogism in Ricoeur, Liberal Arts course will be enriching.

• The Korean Society of Law and Medicine
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• v.16 no.1
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• pp.221-254
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• 2015

The amendment of the Korea Civil Code will take place July 1, 2013. One of the most import issues related to adult guardianship system is a part. Though more than 100 new provisions, the revised Civil Code fundamentally reformed the guardianship system to establish a system to meet the diverse and complex needs of those who need a guardian and ensure due process. The new adult guardianship system intended to respect dignity and human right of mentally incapacitated adults, to guaranee their autunomy and to minimize the public interventions for assisting them. The new guardianship system for vulnerable adult has three kinds of legal guardianship system (adult guardianship, limited guardianship and specific guardianship). Mental patients forced the hospitalization of the mental health code and will be treated as an agreement incapable person. In principle an agreement incapable person has capacity of consent. The consent of the mental patients are admitted first. It is advisable to medical care only by the consent of the guardian when the the mental patient do not agree ability. If the mental patient do not agree with the mentally ill, but there should be a supervisory capacity for a guardianship of the couple guardian supervision. In conclusion, it not lost the capacity to consent to inpatient mental illness called. Therefore, we must discuss in detail the scope of the agreement for the mental patients. Mental Health Act amendments are necessary in accordance with the amended Civil Code.

• Women's Health Nursing
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• v.7 no.3
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• pp.393-406
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• 2001

The purpose of this study was to find out women's need and level of knowledge about episiotomy, pain and discomfort related to episiotomy on a cross-sectional survey design. The subjects were 102 postpartal women agreed on oral consent. 34 postpartal women admitted at obstetric ward of H university hospital, 34 postpartal women admitted at 2 Sanhujoriwons, and 34 women within one year afterbirth. They were selected in Seoul, Korea. Data were collected from July, 1 to September 30, 2000, by a structured questionnaire. The instrument used for this study was a questionaire consisted of 5 items of general characteristics, 12 items of obstetric characteristics, 10 items of level of knowledge (Chronbach $\alpha$ .8176), 8 items of need of education(Chronbach $\alpha$ .8836), 3 items of pain (Chronbach $\alpha$ .9252), and 3 items of discomfort (Chronbach $\alpha$ .8092). The data were analyzed by the SPSS/PC+ program using t-test, ANOVA and Scheffe test as a post hoc and Pearson Correlation Coefficient. The results of the study were as follows; 1. 63.2% of respondents had right answer on 6-8 items among 10 items. Only 4.4% of women got right answer on 10 items all. 2. The need of education was high(4.45%) on all items and the range of score was $4.25{\sim}4.64$. 3. The strength of pain was the highest within one week afterbirth(5.93/10) and became lower in 8-14 days afterbirth(2.55). And after 15days of postpartum, the pain level became to the lowest level(1.08). However, pain was delayed until more than one month afterbirth. 4. The level of discomfort was the highest one week afterbirth(6.88/10) and became lower in 8-14 days afterbirth(4.20). And after 15days of postpartum, the discomfort level became to the lowest level(2.47). Universally, the degree of discomfort was higher than pain. 5. There was a strong positive correlation between discomforts and pain ($r=.752^{**}$) and weak positive correlation between discomforts and the level of educational need($r=.308^*$). In conclusion, women have a right to choose whether she will have episiotomy or not according to her decision making based on the comprehensive knowledge of episiotomy before they get episiotomy with consent process and explanation in detail. Women health care providers like nurses have a responsibility to do conscious raising and empowerment for women so that they could lead themselves to choose given medical treatments for women's health and wellbeing and the quality of life in her life cycle.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.543-566
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• 2016

This article examines the Annulment Procedure of ICSID Arbitration Award. Although the ICSID annulment procedure is not substantially different from arbitration procedure, it does have certain unique features. Article 52 of the Convention provides that the application for annulment must be made within 120days after the date on which the award was rendered. ICSID Arbitration Rule 50, in turn, stipulates that a request for annulment of a award must: i)be addressed in writing to the Secretary-General; ii)identify the award to which it relates; iii)indicated the date of the application; and iv)state in detail the grounds for annulment on which it is based. The grounds for annulment are limited to those in Article 52(1) of the Convention. With respect to the possibility of waiving the right to annulment in advance, commentators are divided. Some authors admit the possibility of agreements eliminating the right to request annulment. Other authors, instead, have taken the position that parties cannot waive their right to annulment in advanced because no provision in the Convention allows the parties to do so, and thus the right to request annulment is inalienable. In accordance with Article 52(4), annulment decisions must comply with the requirements for awards stipulated in Article 48. Therefore; i)the committee decide questions by majority; ii)the decision must be in writing and must be signed by the members of the committee who voted for it; iii)any member of the committee may attach his individual opinion to the award; and iv)ICSID must not publish the decision without the consent of the parties. Finally, under Article 52(4), parties are not allowed to request the interpretation, revision, or annulment of a decision on annulment. Even if the committee allegedly manifestly exceeded its powers or engaged in any conduct sanctioned by Article 52(1), the parties cannot request the annulment of the decision on annulment.

• Journal of Information Technology Services
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• v.21 no.3
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• pp.27-42
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• 2022

Open Data is an essential resource for the data industry. 'Act On Promotion Of The Provision And Use Of Public Data', enacted on July 30, 2013, mandates public institutions to manage the quality of Open Data and provide it to the public. Via such a legislation, the legal basis for the public to Open Data is prepared. Furthermore, public institutions are prohibited from developing and providing open data services that are duplicated or similar to those of the private sector, and private start-ups using open data are supported. However, as the demand for Open Data gradually increases, the cases of refusal to provide or interruption of Open Data held by public institutions are also increasing. Accordingly, the 'Open Data Mediation Committee' is established and operated so that the right to use data can be rescued through a simple dispute mediation procedure rather than complicated administrative litigation. The main issues dealt with in dispute settlement so far are usually the rights of third parties, such as open data including personal information, private information such as trade secrets, and copyrights. Plus, non-open data cannot be provided without the consent of the information subject. Rather than processing non-open data into open data through de-identification processing, positive results can be expected if consent is provided through active rights processing of the personal information subject. Not only can the Public Mydata Service be used by the information subject, but Open Data applicants will also be able to secure higher quality Open Data, which will have a positive impact on fostering the private data industry. This study derives a plan to establish a rights processing platform to enhance the usability of Open Data, including private information such as personal information, trade secrets, and copyright, which have become an issue when providing Open Data since 2014. With that, the proposals in this study are expected to serve as a stepping stone to revitalize private start-ups through the use of wide Open Data and improve public convenience through Public MyData services of information subjects.

• Development and Reproduction
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• v.25 no.4
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• pp.321-326
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• 2021

The purpose of this paper is to critique the links between science and scientific researchers, politics and capital surrounding vaccines and vaccination in a pandemic era. It also introduces standards for adapting ethical guidelines for research under public health emergencies to specific circumstances and contexts. It also introduces ethical standards to be applied to scientific research. that is, scientific relevance, social value, cooperative partnerships, reasonable risk-benefit costs, fair and voluntary participation, independent review, and equal moral respect for participants and affected communities. It also outlines the COVID-19 (coronavirus disease 2019) pandemic-consent and other research procedure modifications proposed by Oregon Health and Science University (OHSU). We are on the lookout for powerful capital and hegemonic groups inseparable from politics and important decision makers in the pandemic era - that is, scientists, supporters, and scientific civic groups. It underscores the need for an independent and formal scientific advisory body with the right balance between science and politics.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.26 no.2
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• pp.501-522
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• 2016

In the digital era, information is a source of value creation. However, the growing importance of knowledge and information also increases risks and threats. When information is leaked, full recovery is difficult, and additional spreading of risk is high because it is easy to accomplish. Especially personal information is the main target due to its availability. Although individuals normally have to consent to the use of their personal information, they often do not know the use of their information. In such a difficult situation, one must exercise self-determination and privacy. Therefore, the goal of this study is to development a privacy literacy level measurement model for the proper exercise of the right to informational self-determination. It will be presented with the concept of privacy literacy index in order to determine the level of knowledge and understanding and practical application skills for individual. Through the index, we going to enhance the selection ability of information subject, and to promote the judgement and the determination capability for the protection and utilization of personal information.

• Journal of Arbitration Studies
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• v.21 no.2
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• pp.47-64
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• 2011

The China International Economic and Trade Arbitration Commission(CIETAC) released online arbitration rules which apply the resolution of disputes over electronic commerce transactions, as well as other economic and trade disputes in which the parties agree to do. The evidence submitted by the parties may be electronic evidence created, sent, received or stored by electronic, optical or magnetic means. Electronic evidence with a reliable electronic signature shall carry the same effect and probative force as a document with a hand-written signature. Where a case is tried in a tribunal, the arbitration tribunal shall conduct an online trial hearing using internet video conference or other electronic or computer communication means. Unless the parties have another agreement, summary procedure shall apply to cases where the amount in dispute exceeds RMB 100,000 but no more than RMB 1 million, or where the amount in dispute exceeds RMB 1 million and a party submits a written application for summary procedure after obtaining the written consent of the other party. Unless the parties have agreed otherwise, fast-track procedure shall apply to cases where the amount in dispute does not exceed RMB 100,000 or where the amount in dispute exceeds RMB 100,000 and a party submits a written application for fast-track procedure after obtaining the written consent of the other party. Notable features of the Online Rules are as follows; first, there is not detailed consideration for online arbitration. Second, communications between the parties and the tribunal are allowed only through the Secretariat. Third, elaborate provisions regarding the electronic submission and transmission of documents is provided for. Forth, various factors must be considered by the tribunal in deciding the evidence's reliability. Fifth, reasonable endeavours is levied on CIETAC to keep data communications secure and encrypted. Sixth, the tribunal has the right to investigate and collect relevant evidence. And finally different procedures are provided for in consideration of the various types of E-commerce.

• Informatization Policy
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• v.26 no.1
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• pp.25-45
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• 2019

With the advent of the data economy, interest in using big data has increased, but conflicts with protecting personal information have been also steadily raised. In this regard, major countries are accelerating use of big data by exempting de-identified, pseudonymous personal information from protection. However, these policies have been made without the understanding that the economic value of personal information has been actually changing slowly. This paper presents the concept of 'collected information' and defines it as having public interest and therefore, not the exclusive property of the collector of such information. The paper shows the collected information has public interest in terms of personal information protection, connectivity, and universal service and public goods. It also specifies that the 'data governance' cannot be applied to the current data utilization framework that depends upon the holder's consent; rather, it raises the need to improve the practices of information provision consent or provide the beneficiary right of information use to the information holder in order to ensure the proper 'data governance' that will turn market failure into success.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.37-73
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• 2020

Medical practice with medical adaptability is not illegal. Consent to medical practice is also not intended to exclude causes of Illegality. The patient's consent to medical practice is the exercise of the right to self-determination, and the patient's right to self-determination is take shape through the doctor's information. If a doctor violates his duty to inform, failure to inform or lack of inform constitutes an act of illegality of omission in itself. As a result, the legal interest of self-determination is violated. The patient has the right to know and make decisions on his or her own, even when it is not connected to the benefit of life and body as the subject of the body. If that infringed and lost, the non-property damage shall be recognized and the immaterial damage must be compensated. On the other hand, the violation of the duty of information does not belong to deny the compensation for physical damage. Which the legal interest violated by violation of the obligation to inform is the self-determination, and loss of opportunity of choice is recognized as ordinary damage. However, if the opportunity of choice was lost because of the infringement of the right to self-determination and the patient could not choice the better way, that dose not occur plainly bad results, under the prove of these causal relationship, that bad results could be compensated. But the unexpectable damage could not be compensated, because the physical damage is considered as the special damage due to the violation of the right of the self-determination.