• Title/Summary/Keyword: Right to decide

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Presumed Will of Pause or Stop of Meaningless Life Extension (연명치료중단에 대한 추정적 의사)

  • Kim, Pill S.
    • The Korean Society of Law and Medicine
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    • v.13 no.2
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    • pp.285-308
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    • 2012
  • The Korean supreme court said that Mrs Kim who was in a persistent vegetative state had a right to die if she had a presumed will or assumption of dying against Severance hospital in 2009. Presumed would be vague and can not be subjective to conjecture though, the court had a developed trial on the case. I recommend the higher valued notion such as the 'right to decide on the life extension' is more logical than assumptive will. To achieve this recommendation, I will search right to life, right to decision, human dignity and find the good relationship between them. In conclusion, I will announce that if PVS patients without advanced directives aren't able to express their will and no one could not assume their right to die in spite of meaningless life extension. So only the due and strict procedure about the extinction of meaningless PVS patients will allow them to sacrifice themselves or remove life extension ventilators. Also active euthanasia would be possible under the strict procedure of making advanced directives and the act of helping active euthanasia additionally, the crime of abetting suicide would not be executed in the legal scope.

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A Study on an Transmission Right Issuance Quantity Assessment Method by using Power Transfer Distribution Factor(PTDF) under FlowGate Right(FGR) (FlowGate Right(FGR) 도입 시 Power Transfer Distribution Factor(PTDF)를 이용한 송전권 계약용량 산정 방법 연구)

  • Baeck, Woong-Ki;Bang, Young-Sun;Chun, Yeong-Han;Kim, Jung-Hoon;Kwak, No-Hong;Lee, Baek-Seok
    • Proceedings of the KIEE Conference
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    • 2005.07a
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    • pp.861-863
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    • 2005
  • LMP based congestion management method is suggested as an effective tool, because network congestion can be handled by energy price. It is now being widely used in the North American Electricity Markets. Among them, FGR(Flow-gate rights) is considered to be appropriate for our system, as power flow through the congested line is unidirectional and congestion occurs in the known place. In the CBP market, hedging through transmission right is not necessary even though location pricing system is adopted, because there are no risks in the energy price. Rut, transmission rights should be adopted in the advanced market. Key issue when implementing FGR is how to decide transmission right issuance quantify. This paper deals with a method to decide transmission right issuance quantity by using power. Transfer Distribution Factor(PTDF).

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The adaptive partition method of skin-tone region for side-view face detection (측면 얼굴 검출을 위한 적응적 영역 분할 기법)

  • 송영준;장언동;김관동
    • Proceedings of the Korea Contents Association Conference
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    • 2003.11a
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    • pp.223-226
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    • 2003
  • When we detect side-view face in color image, we decide a candidate face region using skin-tone color, and confirm to the face by template matching. Cang Wei use a left and a right template of face, calculate to similarity value by hausdorff method, and decide the final side-view face. It has a characteristic that side-view face is wide spreading neck region. To get exactly result, face region is separated vertically by 3 pixel unit, and matched template. In this paper, we assume that a side-view face is a right side-view or a left side-view face. We separate a half of the candidate face region vertically, and regard a left side as left candidate face, a right side as right candidate face by template matching. This method detect faster than Gang Wei method.

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Study of Divorce Cases Appeared in Newspapers, Chosunilbo and Kookminilbo under New Family Law(1996. 2. 12 ~ 1999. 1. 4) (신문기사에 나타난 새 가족법상 이혼판례 분석 - 1996. 2. 12 ~ 1999. 1. 4, 조선일보와 국민일보 -)

  • Shin, Soon-Ja
    • Journal of the Korean Home Economics Association
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    • v.37 no.6
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    • pp.109-122
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    • 1999
  • This is a study of 43 divorce cases appeared in the Korean courts during 3 years period from Feb. 12, 1996 to Jan. 4, 1999. They were devided into 6 categories. 1) 11 cases were those where divorces were not allowed. 2) 21 cases dealed with the right to ask for alimony. 3) 3 cases dealed with the right to ask for division of property. 4) 2 cases were to decide who will exercise parental rights with respect to children. 5) 1 case was to decide who can meet the children. 6) 5 other cases dealed with other problems associated with divorces.

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Attitudes of Hospice Volunteers towards Death with Dignity (호스피스 자원봉사자의 존엄사에 대한 태도요인)

  • Hwang, Byung-Deog
    • The Korean Journal of Health Service Management
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    • v.5 no.2
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    • pp.1-14
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    • 2011
  • The purpose of this study was analyzed the factors of influencing toward attitude to death with dignity to hospice volunteers. The data was collected for 21 days from 14 March to 3 April 2010. Among a total of 220 cases of the questionaries, only 195 cases were used. To data were analyzed by factor analysis, independent t-test, one-way anova and logistic regression using PASW statistics 18.0. The results were as follows; The attitudes towards death with dignity according to general characteristics was high in those with will to agreed to the passive euthanasia than those opposite to the attitude factors, namely, acceptive, the right to decide, negative, and dereliction of duty attitude factors. Significant variables for effects of death with dignity were gender, acceptive attitude factor and dereliction of duty attitude factors. Given that main provider of human organs is the brain-dead and we don't have enough organ donation, death with dignity should be linked with activating policy of organ donation, while solving donation shortage problem. This way, constructing social implementation and sharing consciousness on organ donation, would be diluting the bio-ethic controversies.

The Possibility of Arbitration of Patent In Japan -focusing on Kilby case(Japanese Patent Act Article 104-3)- (일본에서 특허의 유효성에 대한 중재가능성 -킬비 판결(일본 특허법 제104조의3)을 중심으로-)

  • Yun, Sun-Hee
    • Journal of Arbitration Studies
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    • v.21 no.1
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    • pp.57-72
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    • 2011
  • According to Japanese Patent Act, the Japanese Patent Office, administrative organization, was authorized to decide validation of patent. However, Supreme Court of Japan held that a court is able to decide the invalidation of patent in 11th April, 2000, which caused the reform of Japanese Patent Act in June 2004. Reformed Patent Act established the article 104-3 and makes it for a court to decide the patentability where there are grounds for a patent invalidation. Through this amendment to the Patent Act, the legislative system to decide the patent validation has been reorganized and furthermore alleged infringer is allowed to argue against the patent validation by making use of infringement litigation procedure through defenses against patent invalidation as well as invalidation trial procedure for to file a request for a trial for patent invalidation to the Japanese Patent Office. That is to say, the article 104-3 was established in the Japanese Patent Act in the wake of Kilby, and thus a court, which is judicial authority, not administrative disposition agency is also able to decide the patent validation. Thus this article discuss how a court, the authority of which only patent infringement cases fell under, has been authorized to arbitrate cases about the patent validation and the decision of the patent validation in a court.

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THE RIGHT TIME AND RIGHT BUDGET TO MAINTAIN THE COMPONENTS OF BRIDGE

  • H. Ping Tserng;Chin-Lung Chung
    • International conference on construction engineering and project management
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    • 2007.03a
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    • pp.810-819
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    • 2007
  • Usually the status of a bridge is determined by its structural capability and material strength. Consequently a lot of researchers have studied the failure, the fatigue, and the deterioration of the structure in terms of the structural function of a bridge. However, the overall performance of a bridge may be affected simply by the damage of one of its components. Therefore this study utilized a systematic classification and statistical analysis based on the existing bridge inspection data collected in Taiwan to reach the following goals: (1) assess the performance distribution and deterioration rate for bearing and expansion joint of bridge; (2) find out the right time to do the preventive and essential maintenance for the component of bridge with an empirical method, and to decide what time and which component of a bridge will receive preventive maintenance or regular maintenance.

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A Study on the Improvement of the Unconditional Right to Informational Self-Access Based on the Status of Domestic and Foreign Legislation and It's Application to Domestic Corporations (무조건적 자기정보접근권 부여에 대한 국내외 규제현황 및 사례분석을 통한 개선방안 연구)

  • Bae, Jin-ho
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.27 no.3
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    • pp.591-605
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    • 2017
  • The right to informational self-determination refers to the constitutional right for an individual, which is approved by the constitutional court, to decide what contents the collected information comprises and to control the circulation of information relation to oneself. It contains claim for inspection of personal information(The right to informational self-access) as a right for individual to review information of current state and processing history which information holders have. To assure the right to informational self-access, individual must be notified of the processing history of information by information holders regardless of individual's request(The unconditional right to informational self-access). This study will analyse current status of domestic and foreign legislation and global regulation which are related to the unconditional right to informational self-access. In addition, the action of domestic corporations will be introduced. Finally, it will be concluded with relevant problems and solutions to solve the problems.

Designer Baby Anna: Finding Right to the Body - Focused on Jodie Picoult's 『My Sister's Keeper』 - (맞춤형 아기 안나: 신체에 대한 권리를 찾아서 - 조디 피코의 『마이 시스터즈 키퍼』를 중심으로 -)

  • Kim, Myung-kyun;Kim, Dong-giun
    • The Journal of the Convergence on Culture Technology
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    • v.5 no.4
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    • pp.171-181
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    • 2019
  • In this article, we examined designer babies and bioethics, and we reviewed how Anna argued that she had the rights to her body through trial with parents. No matter what purpose a cloned human or designer baby was born with, it is worth being respected as the birth itself. After learning the secrets of his birth in Jodie Picoult's My Sister's Keeper, which is based on a designer baby, Anna falls into confusion of identity and sues parents who decide to transplant organs regardless of Anna's will. Anna argues that she has the right to make decisions about her own body and that even her parents can't disregard her opinions. Scientists should stop their research if using biotechnology to reproduce humans, such as designer babies and cloned humans, can destroy the natural order.

The Rights of Patients as Consumers (환자의 소비자로서 권리)

  • Kwon, Yong Jin;Son, Sang Sik;Lim, Young Deok
    • 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.