• The Korean Society of Law and Medicine
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• v.20 no.2
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• pp.111-140
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• 2019

The Bioethics and Safety Act provides a set of rules to regulate biobanks and research activities using human biological material, but the law seems to be defective in several folds. The law requires that, prior to collection or use of human biological materials, researchers should obtain the informed consent of the donors, but the law does not obligate biobanks to do so. Even in cases where the law requires informed consent, the ordinance of the Ministry of Health and Welfare allows open (or blanket) consent. In addition, a new article in the Act, Article 42-2 which will take effect from October 24, 2019, allows medical institutions to provide biobanks with remaining biospecimens collected in the course of diagnosis and treatment, unless the donors express their intent to opt-out, without obtaining specific consent from them. Given the need to protect the autonomy of donors and the unique characteristics of biobanks and research activities that use human biological materials, this paper concludes that such open consent-based law may not be suitable to protect the autonomy of the donors and that the broad consent requirement may be a desirable policy option. The paper acknowledges that the international community has long questioned whether broad consent (as well as open consent) is an effective choice to regulate the use of human biological materials. The paper stresses that the baseline requirement in designing the law is that the secondary use of human biological materials should be based on informed consent of the donors; the core value of the law should be a governance structure that promotes transparency and protects donor participation.

• The Korean Society of Law and Medicine
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• v.9 no.2
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• pp.11-52
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• 2008

Based on foreign examples and past debates, the minimal conditions for passive euthanasia can be suggested as following; (1) The patient is incurable by modem medical practice and his death is impending (less than 6 months), (2) Euthanasia is practiced solely to relieve physical pain of the patient, (3) If the patient can express his will, there should be a clear and sincere request or consent, (4) More than 2 doctors including doctor in charge should consent, (5) Euthanasia should be practiced in ethical way, (6) Patient family should agree(when the patient will is assumed.) It is hard to resolve issues regarding euthanasia based on past rulings and cases without concrete law. As in United States and Germany, clear and objective provisions of euthanasia and definitive method for patient's advanced directive should be legislated to resolve medical conflict and to relieve patient and family from agony. And death with dignity debate will not be able to proceed if it is only substantively approached because of unclear definition of euthanasia and benefit comparison way of thinking. Thus it is important to establish definitive process to decided legislation of euthanasia act and resolving conflicts arising from each step of the process among interested parties exchanging medical/ethical opinions.

• The Korean Society of Law and Medicine
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• v.24 no.2
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• pp.147-196
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• 2023

Advances in brain science have made it possible to stimulate the brain to treat brain disorder or to connect directly between the neuron activity and an external devices. Non-invasive neurotechnologies already exist, but invasive neurotechnologies can provide more precise stimulation or measure brainwaves more precisely. Nowadays deep brain stimulation (DBS) is recognized as an accepted treatment for Parkinson's disease and essential tremor. In addition DBS has shown a certain positive effect in patients with Alzheimer's disease and depression. Brain-computer interfaces (BCI) are in the clinical stage but help patients in vegetative state can communicate or support rehabilitation for nerve-damaged people. The issue is that the people who need these invasive neurotechnologies are those whose capacity to consent is impaired or who are unable to communicate due to disease or nerve damage, while DBS and BCI operations are highly invasive and require informed consent of patients. Especially in areas where neurotechnology is still in clinical trials, the risks are greater and the benefits are uncertain, so more explanation should be provided to let patients make an informed decision. If the patient is under guardianship, the guardian is able to substitute for the patient's consent, if necessary with the authorization of court. If the patient is not under guardianship and the patient's capacity to consent is impaired or he is unable to express the consent, korean healthcare institution tend to rely on the patient's near relative guardian(de facto guardian) to give consent. But the concept of a de facto guardian is not provided by our civil law system. In the long run, it would be more appropriate to provide that a patient's spouse or next of kin may be authorized to give consent for the patient, if he or she is neither under guardianship nor appointed enduring power of attorney. If the patient was not properly informed of the risks involved in the neurosurgery, he or she may be entitled to compensation of intangible damages. If there is a causal relation between the malpractice and the side effects, the patient may also be able to recover damages for those side effects. In addition, both BCI and DBS involve the implantation of electrodes or microchips in the brain, which are controlled by an external devices. Since implantable medical devices are subject to product liability laws, the patient may be able to sue the manufacturer for damages if the defect caused the adverse effects. Recently, Korea's medical device regulation mandated liability insurance system for implantable medical devices to strengthen consumer protection.

• The Journal of Korean Physical Therapy
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• v.25 no.5
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• pp.322-329
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• 2013

Purpose: This study was conducted in order to investigate the awareness of physical therapy and difference between physical therapy and rehabilitation therapy. Methods: A total of 183 subjects who gave consent to participate in the survey at five universities in Gyenggi-do were randomly selected and the survey was conducted from February 2012 to July 2013 by a questionnaire consisting of 13 questions. Frequency analysis for the awareness of the general characteristics of physical therapy, anticipated cost, awareness of difference, and cross tab analysis for correlation with each item were used. Results: Participants recognized the academic ability, and the department for management of physical therapist licensing very well. The kindness and workmanship of physical therapists were average. According to their experience of physical therapy, most participants received a hot pack and electrical therapy at a local clinic and satisfaction with treatment was high. The percentage of students who recognized a difference between physical therapy and rehabilitation therapy was high, however, they misunderstood only electrical therapy for physical therapy and they recognized the exercise method of physical therapy for rehabilitation therapy. No correlation of the awareness of difference was observed between physical therapy and rehabilitation therapy and the awareness of physical therapy, experience, and anticipated cost, except the major of students. Conclusion: We found that people can misunderstand exercise therapy for rehabilitation therapy even though they have good awareness of physical therapy. Therefore, a physical therapist has to find the ways to express their identity while working.

• Journal of Research and Publication Ethics
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• v.2 no.2
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• pp.5-10
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• 2021

Purpose: Ethical behaviors become more salient when researchers utilize face-to-face interviews and observation with vulnerable groups or communities, which may be unable to express their emotions during the sessions. The present research aims to investigate ethical behaviors while conducting research have resonance due to the deep nature of observation and interview data collection methods. Research design, data and methodology: The present research obtained non-numeric (Textual) data based on prior literature review to investigate Ethical Conducts in Qualitative Research. Non-numeric data differs from numeric data in how the data is collected, analyzed and presented. It is important to formulate written questions and adopt them what the method claims for the researcher to understand the studied phenomenon. Results: Our findings show that while conducting qualitative research, researchers must adhere to the following ethical conducts; upholding informed consent, confidentiality and privacy, adhering to beneficence's principle, practicing honesty and integrity. Each ethical conduct is discoursed in detail to realize more information on how it impacts the researcher and research participants. Conclusions: The current authors concludes that five ethical conducts are important for realizing extensive and rich information during qualitative research and may be exploited in implementing research policies for researchers utilizing observation and interviews methods of data collection.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.38
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• pp.3-45
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• 2008

A motive and aim of enactment of UN Convention on the Use of Electronic Communication in Int'l Contracts is based on need to eliminate legal obstacles that might arise under existing int'l trade law instruments and promote int'l electronic commercial transaction. But when it is used with related articles, 14, 15, 16, 17 for offer under CISG, one of the most successful conventions which produces substantive law for the unification of int'l trade, questions of practical importance, for example possibilities of withdrawal, revocation, rejection of offer, the extent of its criteria arise from therewith. In conclusion, a effective electronic offer has to assure easily access and confirmation of trade terms besides criteria of offer under CISG. An offer can be withdrawal, if electronic message of withdrawal has entered the offeree's server before or at the same time when the offer has reached the offeree but agreement expressly or impliedly, between the parties about type, format, email address is a prerequisited. Implied consent could be presumed through prior conduct or trade usages between the parties under CISG articles 8, 9. The term "have reached" correspond to the time which is able to retrieve the electronic message of withdrawal. But without express or implied agreement between them about electronic communication of type, format, email address, an offer can be withdrawal before or at the same time when it has entered offeree's other e-mail address and confirmed by his retrieval. In case of the revocation, electronic message of the revocation is effective before the offeree's dispatching an acceptance. A prerequisite for the revocation by electronic communication is came as the above mentioned withdrawal except for concept of a time difference for reach. In case of a rejection of offer, when a rejection by electronic communication has entered the offeror's server, an offer is ended. But a prerequisite for the rejection by electronic message is same as the above mentioned withdrawal and revocation.

• Journal of Arbitration Studies
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• v.32 no.1
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• pp.25-42
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• 2022

The modern arbitration practice recognises the need for a faster and simplified procedural framework for international disputes with fairly low amounts at stake. This has driven several institutions to expand their offer of procedural guidelines with a simplified set of rules that would fit this purpose. Expedited arbitration is increasingly used by parties and is growing in popularity. The basic idea behind establishing expedited arbitration rules is to create the possibility for the parties to a dispute to agree on a simplified and streamlined procedure and to have an arbitration award issued within a short period. The associated cost savings for the parties is another benefit. The importance of developing rules for expedited dispute resolution has recently also been considered by the UNCITRAL Working Group II, in light of the "increasing demand to resolve simple, low-value cases by arbitration" and "the lack of international mechanisms cope with such disputes." As a result, the UNCITRAL 2021 Expedited Arbitration Rules (UNCITRAL EAR) took effect on September 19, 2021. The EAR was adopted by the Commission on 21 July 2021 and, next to UNCITRAL's well-known instruments like the Arbitration Rules (UAR) and the Model Law, represent another chapter in the Commission's impactful work in the field of international arbitration. Overall, the UNCITRAL EAR has great potential to meet the need for more flexible and efficient arbitration proceedings, primarily because they provide the tribunal with strong managerial powers while still leaving room for consultation with the parties. However, parties must remember that not all disputes may be suitable for expedited arbitration, and disputes that are complex or have the possibility of being joint or consolidated may not benefit from simplified procedures and tight deadlines. This article will outline the core features and characteristics of the UNCITRAL EAR.

• The Journal of Korean Obstetrics and Gynecology
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• v.36 no.2
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• pp.85-100
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• 2023

Objectives: To evaluate stress patterns and coping abilities in women with infertility by conducting in-depth interviews. Methods: Ten women with infertility who visited the Korean Medicine Hospital and provided consent after being informed of the purpose and method of the study were selected after meeting the inclusion/exclusion criteria. They were requested to complete a preliminary questionnaire developed by the researchers, the Infertility Stress Scale, and the Korean version of the Fertility Problem Inventory (FPI). Subsequently, each participant was interviewed individually. Results: The preliminary questionnaire was used to evaluate sensitivity to each type of infertility-related stress and ability to express and resolve it. Among all infertility stress types, the largest proportion, accounting for an average of 47.5±26.95%, was that felt by the patient herself. Considering stress awareness intensity, the stress felt by the patient was the highest, with an average score of 4.30±0.64. Relative stress sensitivity due to infertility was the highest, with an average score of 3.90±0.94. Compared with general work stress, the average ability to relieve stress related to problems with spouses was the highest, with a score of 2.50±1.20. The average Infertility Stress Scale score was 2.88±1.35 and FPI score was 2.87±2.52. Conclusions: The highest stress scores were observed for the following items: meaning of children, need for parenthood, and stress due to the diagnosis of infertility. The lowest stress scores were allocated to the item concerning relationships with friends and co-workers. Based on the in-depth interviews conducted after the survey, stress in women with infertility may be classified as emotional, physical, and economic. Thus, the requirement for providing appropriate psychological and emotional support depending on the stress type in addition to general medical treatment for infertility treatment was confirmed.

• Journal of Arbitration Studies
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• v.12 no.1
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• pp.55-88
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• 2002

Arbitration Act does not have express provision about voluntary agreement for the arbitration which third party, that is, the expert confirms factual bases of party's relationship of rights and duties, determines contents of the contract, and supplements or modifies contracts, and then the parties obey the expert's decision, but it is more probable that the parties can agree to this kind of arbitration agreement as long as they freely make a contract within the scope of law. However, there is a split of authority on the scope of such arbitration agreement. Some scholars argue that the parties can only agree on the extent of the expert's confirmation about factual situations of party's relationship of rights and duties or contents of the contract. On the other hand, the other scholars argue that the parties can consent not only the expert's confirmation about factual situations of party's relationship of rights and duties or contents of contract, but also the expert's supplement or modification of contents of contract. Due to the expert's decision has effect on both parties and judges who give a judgment as a matter of law, this kind of arbitration agrement can contribute to prevent litigation. Also arbitration relieves court's burden, if such arbitration agreement was done on the important disputes. Considering that the arbitration agreement can function as a dispute resolution or a dispute prevention, it is desirable that legislators make the provision about this kind of arbitration and allow the application of arbitration Act in such arbitration agreement. Most scholars agree that the voluntary agreement for the arbitration as to third party's supplement or modification of contents of the contract can be included in the concept of a substantive law. However, it has not been concluded whether the voluntary agreement for the arbitration which follows the expert's confirmation about factual situations of party's relationship of rights and duties or contents of the contract has the nature of substantive law or procedural law. The dispute about the nature of such arbitration agreement have some shortcomings in the effect of second kind of voluntary arbitration and the applicability of procedural principles. Therefore, it will be more adequate that the focus is given to the original function of this kind of arbitration agreement and the applicability of procedural principles (the neutrality of arbitrator, the assurance of hearing of the parties) rather than the dispute regarding the nature of this kind of arbitration agreement. Considering that more attention is given to the substitutive dispute resolution these days, the function of arbitration as prevention to the litigation and resolution before the litigation should be emphasized. To do this, a legal dispute about such arbitration agreement has to be resolved. More important issues in this kind of arbitration agreement are to retain of the neutral expert and to positively inform the benefits of this institution to the public.

• Journal of Digital Convergence
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• v.12 no.8
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• pp.501-513
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• 2014

The purpose of this study was to examine experiences of caring parents-in-law in Korea among daughters-in-law who are currently caring their parents-in-law while living with them, or have experienced such care-giving, and who have been married for at least 5 years. Daughters-in-law this study deals with are from three countries: Korean women, Chinese and Japanese women who immigrated to Korea by getting married with Korean husbands. To find out those women who can express their experiences clearly, this study used an intentional sampling method where this study asked the Multicultural Family Support Center to recommend five Chinese and five Japanese housewives who matched the following qualifications: those who have experiences of caring their parents-in-law at home, who have lived in Korea for at least five years, and who had no difficulty in expressing their opinions in Korean language. Korean married women were recommended by the neighbors. This study conducted in-depth interviews to those 15 housewives from Korea, china, and Japan. Before doing the interview, this study gave explanation of the contents and aims of this study to those interview participants over phone, and got the written consent from each of the women. To analyze the interview data, Colaizzi's phenomenological method was used. The emergent themes identified in the findings were as follows: 'positive perception of traditional nature of filial duty', 'help and encouragement by those who are nearby', 'exhausting marriage life', 'Korean family culture that is hard to adapt to', and 'unreasonable male-focused patriarchal culture.'