• 한국노년학
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• v.39 no.2
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• pp.305-323
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• 2019

In recognition of the increasing social attention paid to the notion of how to die well, this study explored what it is that middle-aged and older Koreans think of as "dying well." Specifically, it was aimed at classifying the perceptions people middle-aged and older have regarding dying well. To this end, we used data from the National Survey on Well-Dying, which was conducted in 2018 by the Korea Institute for Health and Social Affairs, and employed Latent Class Analysis. The demographic characteristics of each of the classified subgroups were identified through technical statistics. The types identified were multilayered depending on the imminence of death, perspectives of the last stages before dying, and the meaning of death in the context of social relationships. These types differed according to gender and subjective health conditions. Based on our findings in this study, we put forward policy suggestions about awareness improvement of personal and social levels, promoting on comprehensive death preparation, providing a system to reduce the cost of medical and nursing expense at the end of one's life, promoting of the right to self-determination regarding death, raising social attention to groups that are least prepared for dying well.

• Women's Health Nursing
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• v.6 no.2
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• pp.269-290
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• 2000

This study was conducted to inquire about the view on childrearing of university women for the purpose of building up the positive parent- child relationship and setting up preliminary parenting education program. The subjects were 137 university women who were freshmen to junior in one women's university in Seoul. Using the self-report questionnaire, data were collected from December in 1998 to March in 1999 and the contents which subjects wrote down were categorized by content analysis method. The results were as followed: 1. The age range of subjects were 20-22 years and main rearer was her mother(71.5%) 2. The view of subjects were revealed by 374 statements and then tied together 34 themes: 'exemplary parent model as a guider'(8.6%), 'determination for oneself' (8.0%), 'expression of love'(6.2%), 'humanity education'(4.8%), 'carrot and stick'(4.5%), 'respect of personality'(4.3%), 'sound living habit'(4.1%), 'conversation'(3.7%), 'regulation of greediness' (3.7%), 'supply of live experience'(3.7%), 'supply of broad and substantial vision'(3.5%), 'free choice'(3.5%), 'broad-mindedness'(3.5%), 'consideration'(3.0%), 'doing together'(3.0%), 'propriety education' (2.4%), 'pursuit of naturalness'(2.4%), 'looking for one's life'(2.4%), 'confidence'(2.1%), 'rearing by oneself'(2.1%), 'encouragement'(2.1%), 'cultivation of right sexual senses'(2.1%), 'desirable home environment'(1.9%), 'doing one's best'(1.9%), 'understanding'(1.6%), 'psychological intimacy'(1.6%), 'treat fair'(1.6%), 'pursuit of physical, psychological health' (1.6%), 'concerning'(1.3%), 'religious life'(1.3%), 'respect of individuality'(1.3%), 'cooperation' (1.1%), 'often-minded family'(0.8%), 'positive attitude'(0.8%). 34 themes were categorized by 12 categories once more: 'mature parenthood'(15.5%), 'acceptance' (11.5%), 'autonomy'(11.5%), 'pursuit of healthy life style'(9.4%), 'eagerness'(9.1%), 'making efforts'(8.8%), 'education'(8.8%), 'emotional bonding' (7.8%), 'respect'(7.2%), 'corporal punishment' (4.5%), 'supporting'(3.2%), 'composition of environment'(2.7%). In conclusion, we could expect that university women had a democratic view on childrearing with love and autonomy for a base. So we need to offer them nursing implementations such as preliminary parenting programs and parenting consulting in order to promote positive and interactional parent-child relationship by strengthening their desirable view on childrearing.

• Korean Journal of Social Welfare
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• v.65 no.1
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• pp.325-346
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• 2013

This study aimed to have an understanding of how the users of comprehensive care service for the aged experience the user-centered services. For this, this study placed focus on the essential aspects of the experience of using the service including the meaning of the choice of users being emphasized as practical principles in user-centered services as well as the real context of such a choice. The research methods suggested by Giorgi in phenomenological studies were adopted for data analysis, and intensive interviews were conducted for 10 users living in Seoul who are over 65 years of age. According to the results of the analysis, the interviewees' experience of the service as users were categorized into the elements of "restricted choice of service", "unstrengthened right for the users", "ambivalent emotion about the service", and "awareness of the importance of the relationship with the caregiver", and the essential phenomenon in their experience of the service was "the importance of relationship within restricted choice". This study found out that the choice or self-determination of users was still restricted in the usage of user-centered services. It also found out that the users think it more important to have a positive relationship with the caregiver than the choice of the service granted to them. On the basis of such research results, political implications are proposed to help the establishment of user-centered services.

• The Korean Society of Law and Medicine
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• v.20 no.2
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• pp.3-39
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• 2019

Even after the Constitutional Court decided on August 23, 2012 that the provisions of abortion were constitutional, discussions on the abolition of abortion continued. The controversy about abortion is not only happening recently, but it has already existed since the time when the Penal Code was enacted, and it shares the history of modern legislation with the Republic of Korea. Legislators whom submitted amendment while insisting upon the eradication of abortion in the process of enacting criminal law at that time, presented social and economic adaptation reasons as the core reason. From then on, the abolition of abortion has been discussed during the development dictatorship, but this was not intended to guarantee women's human rights, but it was closely connected to the national policy projects of "Contraception" and "Family Planning" of the Park's dictatorship. Since then, the enactment of the Mother and Child Health Law, which restrictively allow artificial abortion, was held on February 8, 1973, in an emergency cabinet meeting that replaced the legislative power after the National Assembly was disbanded. It became effected May 10th. The reason behind the Mother and Child Health Law that included legalization of abortion in part was that the Revitalizing Reform at that time did not allow any opinion, so it seem to be it was difficult for the religious to express opposition. The "Maternal and Child Health Law" enacted in this way has been maintained through several amendments. It can be seen that the question of maintenance of abortion has been running on parallel lines without any significant difference from the time when the Penal Code was enacted. On August 23, 2012, the Constitutional Court decided that the Constitutional Opinion and the unonstitutional Opinion were 4: 4. However, it was decided by the Constitution without satisfying the quorum for unconstitutional decision of the Constitutional Court. This argument about abolition of abortion is settled for the the time being with the decision of the constitutional inconsistency of the Constitutional Court, and now, the National Assembly bears the issue of new legislation. In other words, the improved legislation must be executed until December 31, 2020, and if the previous improved legislation is not implemented, the crime of abortion (Article 269, Paragraph 1, Article 270 of the Criminal Code) Article 1 (1) will cease to be effective from 1 January 2021. Therefore, in the following, we will look into the reason of the Constitutional Court's constitutional discordance adjudication on criminal abortion(II), and how it structurally differs from the previous Constitutional Court and the Supreme Court. After considering key issues arised from the constitutional discordance adjudication(III), the legislative direction and within the scope of legislative discretion in accordance with the criteria presented by the Constitutional Court We reviewed the proposed revisions to the Penal Code and the Mather and Child Health Act of Korea(IV).

• The Korean Society of Law and Medicine
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• v.13 no.1
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• pp.199-247
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• 2012

According to the review and analysis of medical cases that are assigned to the Supreme Court and all local High Court in 2011 and that are presented in the media, it was found that the following categories were taken seriously, medical and pharmaceutical product liability, the third principle of trust between medical institutions, negligence and causation estimation, responsibility limit, the meaning of medical records and related judgment of disturbed substantiation, Oriental doctors' duties to explain the procedures, IMS events, whether one can claim for each medical care operated by non-physician health care institutions to the nonmedical domain in the National Health Insurance Corporation, and the basis of norms for each claim. In the cases related to medical pharmaceutical product liability, Supreme Court alleviated burden of proof for accidents with medical and pharmaceutical products prior to the practice of Product Liability Law and onset the point of negative prescription as the time of damage strikes to condition feasibility of the specific situation. In the cases related to the 3rd principle of trust between medical institutions, the Supreme Court refused to sentence the doctor who has trusted the judgment of the same third-party doctors the violations of the care duty. With respect to proof of a causal relationship and damages in a medical negligence case, the Supreme Court decided that it is unjust to deny negligence by the materials of causal relationship rejecting the original verdict and clarified that the causal relationship shall not deny the reasons to limit doctors' responsibilities. In order not put burden on patients with disadvantages in which medical records and the description of the practice or the most fundamental and important evidence to prove negligence and causation are being neglected, the Supreme Court admitted in the hospital's responsibility for the case of the neonate death of suffocation without properly listed fetal heart rate and uterine contraction monitor. On the other hand, the Seoul Western District Court has admitted alimony for altering and forging medical records. With respect to doctors' obligations to description, the Supreme Court decided that it is necessary to explain the foreseen risks by the combination of oriental and western medicines emphasizing the right of patient's self-determination. However, questions have arisen whether it is realistically feasible or not. In a case of an unlicensed doctor performing intramuscular stimulation treatment (IMS), the Supreme Court put off its decision if it was an unlicensed medical practice as to put limitation of eastern and western medical practices, but it declared that IMS practice was an acupuncture treatment therefore the plaintiff's conduct being an illegal act. In the future, clear judgment on this matter should be made. With respect to the claim of bills from non-physical health care institutions, the Supreme Court decided to void it for the implementation of the arrangement is contrary to the commitments made in the medical law and therefore, it is invalid to claim. In addition, contrast to the private healthcare professionals, who are subject to redemption according to the National Healthcare Insurance Law, the Seoul High Court explicitly confirmed that the non-professionals who receive the tort operating profit must return the unjust enrichment and have the liability for damages. As mentioned above, a relatively wide range of topics were discussed in medical field of 2011. In Korea's health care environment undergoing complex changes day by day, it is expected to see more diverse and in-depth discussions striding out to the development in the field of health care.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.163-207
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• 2020

Korea has been positioned as the leading country in the industry of clinical trials as the clinical trail of Korea has developed for the recent 10 years. Clinical trial has plays a significant role in the development of medicine and the increase of curability. However, it has inevitable risk as the purpose of the clinical trial is to prove the safety and effectiveness of new drugs. Therefore, the clinical trial should be controlled properly to protect the health of the subjects of clinical trial and to ensure that they exercise a right of self-determination. In this context, the fiduciary duties of doctors who conduct clinical trials is especially important. The Pharmaceutical Affairs Act and the relevant regulations define several duties of doctors who conduct clinical trials. In particular, the duty to protection of subjects and the duty to provide information constitute the main fiduciary duties to the subjects. Those are essentially similar to the fiduciary duties of doctors in usual treatment from the perspective of the values promoted by the law and the content of the law. Nonetheless, clinical trials put more emphasis on the duties to provide explanation than in usual treatment. Further research and study are required to establish the concrete standard for the duty of care. However, if the blind pursuit of higher standards for the duty of care or to pass the burden of proof to doctors may result in disrupting the development of clinical trials, limiting the accessibility of patients to new treatment and even violating the principle of sharing damage equally and properly. In addition to these duties, the laws of clinical trials define several duties of doctors. Any decision on whether the violation of the law constitutes the violation of the fiduciary duty and justifies the demand for compensation of damages should be based on whether relevant law aims to protect the safety and benefit of subjects, even if in an incidental way, the degree to which such violation breaches the values promoted by the law and the concrete of violation of benefit of law, the detailed acts of such violation. The legal interests of the subjects can be protected effectively by guaranteeing compliance with those duties and establishing judicial and administrative controls to ensure that the benefit of subjects are protected properly in individual cases.