• Title/Summary/Keyword: family law

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The Study on the Facilitating Factors in Early Successful Adjustment of Married Female Immigrants (결혼이민여성의 초기 적응 성공요인에 관한 연구)

  • Yoo, Ka-Hyo;Hong, Sung-Hee;Kim, Sung-Sook
    • Journal of Family Resource Management and Policy Review
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    • v.12 no.2
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    • pp.95-120
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    • 2008
  • The purpose of this study is to find the factors that facilitate married female immigrants' early adjustment in Korea. For this purpose, 14 immigrated female participants living in Daegu were interviewed in-depth by using an open-ended questionnaire. The major findings are as follows: Through content analysis of participants' responses, three major factors were found to influence successful adjustment of married female immigrants personal factors, familial support and the social support system. Among the personal factors, having a conservative marital attitude, optimism and liking the partner rather than economic concern for the reason of marital decision making are contributing factors to the successful marital adjustment. Above all, familial support, a husband's good personality, care, and active support are the important factors in a foreign wife's adjustment and life satisfaction. Parent-in-law's help and tolerance playa role in a foreign daughter-in-law's successful adjustment. In the social support system, joined activities and the support of mends from the homeland make a contribution to decreasing the sense of isolation and to giving mental well-being for married female immigrants. The center for support of multicultural family gives them the opportunity to meet people from their homelands and to expand the social network.

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A Breach of Medical Contract and Consolation Money (의료계약상 채무불이행과 위자료)

  • Bong, Youngjun
    • The Korean Society of Law and Medicine
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    • v.14 no.2
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    • pp.217-260
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    • 2013
  • In connection to the civil liability of the medical malpractice, plaintiff and courts are solving the medical disputes with theory of the liability based on tort law. because contract law does not enact the right of claim of solatium and a plaintiff's lawyer and courts hesitate to use contract law. Medical treatment of doctor is main debt in medical contract and its in-complete performance gives rise to the violations of human's life, body and health. Consequently a breach of medical contract leads to violations of person-al rights. These violations spring from liability of contract as well as tort and damages from them are recognized based on medical contract law. A duty of explanation of doctor is a independent and appendant debt to the treatment debt. However its breach provokes violations of human's life, body and health as well as a right self-determination. Therefore consolation money claim should be recognized. In case of the violation of patient's life, body and health, patient's family al-so can demand consolation money due to the violation of their's own mental pain. However in case of the violation of only patient's self-determination without informed concent, they can not demand it by reason of the violation of patient's self-determination. But by reason of the violation of patient's life, body and health that were recognized by proximate causal relation between violation of duty of explanation and abd execution, they can do.

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A Comparative Study on the Differences of Arbitration Systems between Mongol and Korea (몽골 중재제도의 주요특징과 유의사항에 관한 연구)

  • Kim, Suk-Chul
    • Journal of Arbitration Studies
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    • v.23 no.4
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    • pp.55-76
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    • 2013
  • This study aims to analyze the main features of Mongolian arbitration system compared with Korean Arbitration Law which was revised under the UNCITRAL Arbitration Model Law. On the basis of this comparative study, certain differences are suggested: First, the environment of Mongolian arbitration is still insufficient in terms of its operation and usage at the international level. Second, the Mongol National Arbitration Court has established Ad-hoc Arbitration Rules and has promoted Ad-hoc Arbitration although it is an institutional arbitration organization. Third, the arbitration objects are defined as the types of tangible and intangible assets in Mongolia which are different from those of the Korean Arbitration Law. Accordingly, court and officer disputes, family disputes, labor-management relations, and criminal matters are covered by the arbitration objects. Fourth, Mongol Arbitration Law specifies the following persons disqualified for arbitrator appointment: the member of the Constitutional Court, judge, procurator, inquiry officer, investigator, court decision enforcement officer, attorney, or notary who has previously rendered legal service to any party of the disputes, and any officials who are prohibited by laws to be engaged in positions above the scope of their duties. Fifth, the arbitrator selection and appointment criteria should be documented, and the arbitrator should have the ability to resolve the disputes independently and fairly and achieve concord from both parties. Sixth, if there is no agreement between the parties, the arbitration language should be Mongolian, and the arbitral tribunal has no power to decide on it. Seventh, despite the agreement for a documentary hearing between the parties, there should be provided opportunities for an oral hearing if either of the parties requires it. Eighth, if the parties do not understand the language of the arbitration, the parties can directly ask the translation service. They should also keep secrets in the process of arbitration. Ninth, the cancellation of arbitral award is allowed by the application of the parties, not by the authority of the court. Except for the nine differences above, the Mongolian arbitration system is similar to that of the Korean Arbitration Law. This paper serves to contribute to the furtherance in trade relationship between Mongolia and Korea after the rapid and efficient resolution of disputes.

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A Reform Proposal of Involuntary Commitment Law Under the Revised Mental Health Act of 2016 - as well as of Article 947-2 (2) of Civil Code - (개정 정신건강복지법상 비자의입원 규제에 대한 입법론적 고찰 - 민법 제947조의2 제2항의 검토를 겸하여 -)

  • Lee, Dongjin
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.99-137
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    • 2018
  • Under the Korean law, there are two routes of involuntary civil commitment of the mentally-ill: involuntary commitment process under the Mental Health Act (MHA) and the guardian's commitment backed up by family court approval under article 947-2 (2) of the Civil Code. Despite of the recent fundamental revision of MHA in 2016, the Korean involuntary commitment law has still serious flaws, especially the lack of due process like prior notice, hearing, and independent guardian ad litem for the mentally-ill, which has been pointed out also by the Korean Constitutional Court. Thus, a re-revision is inevitable, and this time, we should proceed to rebuild the underlying structure of involuntary commitment. In this regard, it is crucial to eliminate the old-fashioned and unjustifiable burden as well as power of the so-called responsible person to protect the mentally-ill and to readjust the causes and standings to petition of the various types of involuntary commitment process. Also it is necessary to repeal involuntary commitment by guardian under the Civil Code, article 947-2 (2), which can no longer harmonize with modern involuntary commitment system.

Factors associated with Health-related Quality of Life among Family Caregivers of Elders Receiving Home Care Services (재가 장기요양노인 가족수발자의 건강 관련 삶의 질 영향요인)

  • Kim, Eun-Young;Yeo, Jung Hee
    • Research in Community and Public Health Nursing
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    • v.23 no.2
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    • pp.117-126
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    • 2012
  • Purpose: The purpose of this study was to identify the factors associated with the health-related quality of life of family caregivers. Methods: A cross-sectional study was conducted. This study included 191 primary family caregivers of elders who used home care services (home-visit nursing, home-visit care, daycare) covered by the public long-term care insurance. Data were collected using self-report questionnaires from December 2010 to June 2011. These data were analyzed by using hierarchical multiple regression. Results: The majority of the family caregivers were female (79.6%) and daughters-in-law (28.8%). The mean depression score was $6.33{\pm}6.49$ and the mean health-related quality of life score was $0.69{\pm}0.39$. It was found that the factors affecting the health-related quality of life of family caregivers included depression (${\beta}$=-.406, p<.001), home-visit nursing use (${\beta}$=.296, p<.001), and daycare use (${\beta}$=.178, p=.015), which accounted for 36.6% of their health-related quality of life. Conclusion: Using home-visit nursing and daycare services has a positive effect on the health-related quality of life of family caregivers. To improve health-related quality of life of family caregivers, South Korea needs to fully activate the home-visit nursing and daycare services, and to strengthen family support programs.

Adaptation Strategy of Family Life of Migration Woman by Marriage (결혼이민여성의 가족생활 적응전략)

  • Sung, Hyang-Sook
    • The Journal of the Korea Contents Association
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    • v.11 no.7
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    • pp.316-327
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    • 2011
  • This study focuses on drawing implications in the development of practical adaptation strategies of migration women by marriage. For this study, eight migration women by marriage were chosen and their adaptation strategies as a wife, daughter-in-law, and as mother to adapt themselves to family lives were observed. For this, phenomenological method was adopted and their adaptation strategies were analyzed mainly in terms of their relationships within a family. Their adaptation strategies drawn in this study could be categorized into 11 themes, 26 theme bundles and 76 meanings. First, in relation to their husband, their adaptation strategies were 'to live relying on their good husband' and 'to think of their husband as their supporter.' Second, the adaptation strategies with regard to their parents-in-law were 'to exclude their husband's family' and 'to admit their caregiving.' Third, their adaptation strategies in terms of their relation to the children, were 'to set their children as the goal for marriage life,''to incorporate themselves with the local community,' 'to be equipped with authority as a parent' and 'to raise the children as a Korean.' In addition, their psychological adaptation strategies displayed their admittance of changes, maintaining their own identity, their sustenance of self-esteem and the resignation. Finally, based on these results, this study suggested ways to facilitate their adaptation to family life as well as the essence of their adaptation strategies.

Development and Validation of the Scale to Measure Acculturation Stress of Parents-in-law who have a Foreign Daughter-in-law (외국인 며느리를 둔 시부모의 문화적응 스트레스 척도 개발에 관한 연구)

  • Chung, Soon-Dool;Park, Hyun-Ju
    • Korean Journal of Social Welfare
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    • v.63 no.2
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    • pp.319-336
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    • 2011
  • There is recent recognition that the approach toward family members is crucial for understanding problems in multi-cultural families by emerging from typical approach focused on migrant women. While researches have reported serious conflicts and adaptation problems from cultural difference between parent-in-law and foreign daughter-in-law, cultural stress of parent-in-law has not been systematically examined. The purpose of this study was to develop and validate a scale to measure acculturation stress of parent-in-law who have a foreign daughter-in-law. The sample consisted of 266 parents-in-law from three provinces of South Korea. Initially, 16 items were generated based on the existing scale of acculturation stress and they are tested by item-analysis through the descriptive and correlational analysis. An exploratory factor analysis was conducted to investigate the factor structure of the scale and a confirmatory factor analysis was used to validate the scale. By item-analysis, five items were deleted from initial scale items because of redundancy. Findings from an exploratory factor analysis provided the evidence that the scale consists of three factors which are the perception of prejudice and discrimination, conflicts from different cultural value, and daily discomfort. Cronbach's ${\alpha}$ for the scale is 0.86. Multiple fit indices from confirmatory factor analysis indicated that the hypothesized three-factor model for acculturation stress achieved a good fit with the data. Results showed the evidence for the reliability and validity of the scale for acculturation stress of the parent-in-law who have foreign daughter-in-law. The scale would have potential effects for assessing psychological stress for parent-in-law in research and clinical practice. Further implications and limitation of the study and suggestions for future studies were discussed.

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Construction and Management Directions of Woodland Burial Forest -Case Study of Incheon Family Funeral Services - (수목장림의 조성 및 관리 방안 - 인천가족공원을 대상으로 -)

  • Oh, Choong-Hyeon;Kim, Yong-Hoon;Lee, Sook-Mee
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.13 no.3
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    • pp.1-12
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    • 2010
  • As social environment of Korea was changing, the cremation is increased instead of traditional funeral culture. Therefore woodland burial appears new funeral culture in Korea. This research had been executed to find out the problem of soil and vegetation environments of woodland burial forest. The case study was worked at woodland burial in Incheon Family funeral services which was national pilot project. The problem of soil and vegetation environments were surveyed in slope, soil compaction, actual vegetation, vegetation communities, structure of forest communities and so on. The results from this study indicate that woodland burial construction didn't consider the damage and management of vegetation environment in Incheon Family funeral Services. Problems for the Law on funeral facilities of Korea is a lack of natural friendly standards for slope, management on structure of forest communities, facilities for users in it. It had steep topography, soil compaction, reduction of species diversity and poor plant growth on woodland burial in Incheon Family funeral Services. Therefore the users of it increase in the future, vegetation environment of woodland burial will be devastated. And so we need to improve standards of woodland burial construction and management to settle down burial culture of woodland burial in Korea.

Association between caregiving activities and care burden among caregivers of people with dementia

  • Park, Eun-Ju
    • The Journal of Korea Institute of Information, Electronics, and Communication Technology
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    • v.11 no.4
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    • pp.346-354
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    • 2018
  • The purpose of this study was to examine the difference in the association between caregiver's activities and caregiving burden according to gender and family relationship of caregivers of older people with dementia. This study used data from the Caregivers of Alzheimer's Disease Research survey (n=476). The association between caregiving activities and care burden was analyzed by multiple regression. In this study, the caregivers were predominantly spouses, followed by daughters. The care burden, especially personal burden, and depression were significantly higher in women than men. The spouses (either male or female), compared with the sons and daughters, spent significantly more time providing care. Care time and depression of caregivers and physical disability of the patient were significantly correlated with care burden. Among the caregiving activities, using transportation, dressing, eating, looking after appearance, and supervising were significantly associated with care burden. The daughters and daughters-in-law presented more care burden with higher number of care days, and the female spouse who were younger tended to experience higher care burden. Daughters who provided longer time looking after appearance exhibited higher care burden. For female spouse, eating time was significantly associated with care burden. The association between caregiving activities and care burden of caregivers of people with dementia differed by gender and family relationship with the patient. This study was characterized by analyzing the effect of caregiving activities on caregiving burden by gender and family relationship of caregivers.

The effect of a Group Therapy for the Offenders of Family Violence (가정폭력 행위자를 위한 통합모델 집단프로그램의 효과 연구)

  • Hyun, Mi-Yeul
    • Journal of Korean Academy of Nursing
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    • v.38 no.3
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    • pp.420-427
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    • 2008
  • Purpose: The purpose of this study was to evaluate the contribution of group therapy to the improvement of self-esteem, anger, stress coping and communication of those who were violent in to family. Methods: The research design was a one-group-pretest-posttest design in quasi-experimental research, and the period of this study was from March to October, 2005. Participants were 14 offenders who were ordered to be counseled according to 'the special exemption law for punishing domestic violence.' Group therapy was applied once a week for 8 weeks. Results were collected by using a questionnaire for self-esteem, anger, stress coping and communication. In the data analysis, Wilcoxon signed test with SPSS/WIN 12.0 program was used. Results: The scores of self-esteem and communication showed statistically significant improvement from pre to post therapy. However, the scores of anger and stress coping were not significantly changed from pre to post therapy. Conclusion: This group therapy was effective in improving the self-esteem and communication in offenders of family violence.