• Title/Summary/Keyword: life right

Search Result 1,246, Processing Time 0.025 seconds

A Constitutional Study on the Unborn Human Life : Focusing on the Right to Life of the Fetus and the Embryo (출생 전 생명에 대한 헌법적 고찰 - 태아 및 배아의 생명권과 그 제한을 중심으로 -)

  • Kim, Eun-Ae
    • The Korean Society of Law and Medicine
    • /
    • v.10 no.1
    • /
    • pp.39-75
    • /
    • 2009
  • The development of the biomedical science and technology has extended an argument about a status in constitutional law of unborn human life and a protection of the potential human life to that of an embryo and a gamete beyond a fetus. This argument has been focused on whether we should provide unborn or potential human life with human dignity and the right to life that are guaranteed by the constitutional law altogether or separately. If the right to life is given to unborn or potential human life, on what grounds can we restrict this right. Those who argue for the unity of the right to life with human dignity and the inseparability of those two claims that the right to life in itself should be guaranteed absolutely. According to the constitutional law, however, any constitutional right of the human person within the protection of essential part of the right can be compared with each other and restricted with some valid reasons from the legal perspective. This measure is unavoidable in reality because one right can come into conflict with another right frequently. Since fetus and embryo are in a process of developing into the human person, it is difficult to think that they are the same with the human person. For that reason, it is hard to consider that the right to life of fetus or embryo is the same with that of the human person. However, since a fetus has a special status as a potential human person, and an embryo also has a special value as a potential fetus upon an implantation, the right to life of fetus or embryo should be judged differently according to the stage of their development. A study on a constitutional status and protection of a fetus and an embryo is essential because unborn or potential human life is the origin of human person. Therefore, we have to make much account of their right to life and seek the legal respect for their inherent value.

  • PDF

Integrating Study of Kidney on Left & Life Gate on Right(左腎右命門) and Moving Energy between two kidneys(腎間動氣) (좌신우명문(左腎右命門)과 신간동기(腎間動氣)의 통합적 이해를 위한 연구)

  • Kim, Jin-Ho
    • Journal of Korean Medical classics
    • /
    • v.26 no.4
    • /
    • pp.253-266
    • /
    • 2013
  • Objective : There was no attempt to understand Moving Energy between two kidneys(腎間動氣) and Kidney on Left & Life Gate on Right(左腎右命門) by integration progress. So I have faced to study based on two parts with concerning as clues. One is 'Life Right (左 右)' and the other is 'Between(間)'. Methods : Revealing the source of the origin, Nanjingbenyi(難經本義) is given on the basis. Take a close look at publications related to Nanjing(難經) which is about Kidney on Left & Life Gate on Right and Moving Energy between two kidneys. Take a close look at Kidney, the Life Gate and Moving Energy between two kidneys. Look see the three-dimensional uplift movement of Gi(氣). Results : In Neijing(內經) and Nanjing, the basic point of view for Kidney is the same. That is explained in line with attributes of convergence(收斂). 'Life Gate(命門)' is a term to express the divergence feature(發散機能) of kidney. Moving Energy between two kidneys is used to mean the mainspring of human body activity. The Gi in human body loses altitude turning left(左旋而下降) and gains height turning right(右旋而上升). Conclusion : Watching on functional aspect, there are two names for kidney. One is 'Kidney(腎)' which collects the losing altitude turning left and the other is 'Life Gate' which rises turning right. Moreover, the fundamental power that effectuate the uplift movement is Moving Energy between two kidneys. This kind model is a way that can be understood syntagmatically the Kidney on Left & Life Gate on Right and the Moving Energy between two kidneys without any gainsaying the original of Nanjing.

Valvular Pulmonic Stenosis with Congestive Heart Failure in a Fox Terrier (폭스테리어 종에서의 울혈성 우심부전을 동반한 판막형 폐동맥판 협착증)

  • Jung, Dong-In;Park, Ki-Tae;Wang, Ji-Hwan;Kim, Young-Ki;Lee, Kyung-Woo;Yeon, Seong-Chan;Lee, Hyo-Jong;Lee, Hee-Chun
    • Journal of Veterinary Clinics
    • /
    • v.28 no.1
    • /
    • pp.133-138
    • /
    • 2011
  • A 4-year-old female Fox Terrier dog (weighting 8 kg) with history of severe abdominal distention and anorexia was presented to Veterinary Teaching Hospital, Gyeongsang National University. In physical examination, grade 4/6 systolic murmur heard at the left heart base. Electrocardiography showed right ventricular enlargement (right axis deviation and deep S wave) and right atrial enlargement (P pulmonale). Diagnostic imaging studies revealed hypertrophy of right ventricle, enlargement of right atrium and tricuspid regurgitation and turbulence in the pulmonary artery in right parastenal short axis view. Based on the diagnostic findings, the dog was diagnosed as a case of valvular pulmonic stenosis.

ON THE EMPIRICAL MEAN LIFE PROCESSES FOR RIGHT CENSORED DATA

  • Park, Hyo-Il
    • Journal of the Korean Statistical Society
    • /
    • v.32 no.1
    • /
    • pp.25-32
    • /
    • 2003
  • In this paper, we define the mean life process for the right censored data and show the asymptotic equivalence between two kinds of the mean life processes. We use the Kaplan-Meier and Susarla-Van Ryzin estimates as the estimates of survival function for the construction of the mean life processes. Also we show the asymptotic equivalence between two mean residual life processes as an application and finally discuss some difficulties caused by the censoring mechanism.

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

  • Kim, Pill S.
    • The Korean Society of Law and Medicine
    • /
    • v.13 no.2
    • /
    • pp.285-308
    • /
    • 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.

  • PDF

The Estimation of Mean Residual Life Function under Left Truncation and Right Censoring Model

  • Moon, Gyoung-Ae;Shin, Im-Hee;Chae, Hyeon-Suk
    • Journal of the Korean Data and Information Science Society
    • /
    • v.6 no.2
    • /
    • pp.65-76
    • /
    • 1995
  • The importance of left truncated and right censoring cases has considered for better information in medical follow-up and engineering life testing studies. We propose some estimation procedure for the mean residual life function with consistency and asymptotic normality on the left truncated and right censoring model. And then, the comparision with Kaplan-Meier estimator ignoring the left truncated effect and the small sample properities are investigated by asymptotic biases and M.S.E.'s thresh Monte Carlo study.

  • PDF

The Asymptotic Properties of Mean Residual Life Function on Left Truncated and Right Censoring Model

  • Moon, Kyoung-Ae;Shin, Im-Hee
    • Journal of the Korean Data and Information Science Society
    • /
    • v.8 no.1
    • /
    • pp.99-109
    • /
    • 1997
  • The estimation procedure of mean residual life function has been placed an important role in the study of survival analysis. In this paper, the product limit estimator on left truncated and right censoring model is proposed with asymptotic properties. Also, the small sample properties are investigated through the Monte Carlo study and the proposed product limit type estimator is compared with ordinary Kaplan-Meier type estimator.

  • PDF

An Exploratory Study on the Legislation of the Right for Cultural Welfare (문화복지의 법적 권리화에 대한 탐색적 연구)

  • Hyun, Taik-Soo;Yoon, Dong-Eun;Kim, Kwang-Byung
    • Korean Journal of Social Welfare
    • /
    • v.60 no.4
    • /
    • pp.157-173
    • /
    • 2008
  • Cultural welfare is the cultural activity provided and supported by state, a local autonomous entity, and private organizations to improve the quality of people's life. And as a basic concept as well as a premise of discussion on cultural welfare, cultural right is a social right, a right which can make cultural express, gain access to cultural activities. A statue concerning cultural activities contributed to the promotion of our people's cultural welfare interwoven with cultural right. But laws were made for the purpose of enforcing national policy and supporting regime rather than promoting fundamental human rights, and they became effective and were understood as a mere part of national government, not as perspective of their execution, security of right or realization of them. On the other hand, based on laws concerning social welfare, cultural life means human life consisting of minimum welfare system, and minimum level of life which guarantees least cultural life is becoming an objective standard. This means the standard level of cultural right, and for the handicapped cultural rights are concretely guaranteed as a right in that they will not be discriminated for their approaching to cultural activities. However, laws concerning cultural activities have limitation in that there are ambiguous concept and limitation of cultural life, and there are no concrete and active laws about cultural rights to guarantee cultural life. In a constitution and laws concerning social welfare, cultural welfare must have concrete contents about the range and the level of cultural rights. In order cultural rights to be turned into complete ones which can assert its rights, as seen in the Supreme Court, a court has to try to understand the violation of cultural rights as the violation of legal rights.

  • PDF

Social Implication of Living Wills, Advance Directives and Natural Death Act in Korea (생전유언, 의료지시서, 자연사법(natural death act) 입법의 사회적 함의)

  • Lee, In-Young
    • The Korean Society of Law and Medicine
    • /
    • v.9 no.1
    • /
    • pp.413-459
    • /
    • 2008
  • The Law has intervened to define rare circumstances in which a person should choose continuing life in United States. On the one hand, the law has traditionally acted to preservelife and to respect the sanctity of life. On the other hand, one's control over one's own body, and the right to determine what kind of medical care one will receive, is equally well respected and historically grounded. The competent patients have the right to forgo life-sustaining treatment, courts in United States have left many unanswered questions about the nature of that right. The right to choose to forgo life-sustaining treatment is a manifestation of a patient's autonomy interest. In United States, The Karen Quilan case gave rise to legislative activity in the host of state capitals, and several states had adopted statutes that formally recognized some forms of written directives describing some circumstances in which certain kinds of medical care could be terminated. These statues were sometimes dominated 'living will' acts, sometimes 'right to die' acts and ocasionally 'natural death' acts. Today virtually every state has produced a living will statue. In Korea, courts do not permit a terminally ill person to withhold or withdraw life-sustaining treatment. Living wills apply in case of terminal illness owing to a defect in legislation. Now In Korea, these lively dispute of legal policy on the preconditions and concrete procedure of living will act and natural death act. Through the legislation of living will act and natural death act, we should prepare some circumstances to respect patient's autonomy on the right to die. We should frame the cultural standard to make a decision of forgoing life-sustainin1g treatment under the discreet procedure.

  • PDF