• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.11-36
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• 2009

This thesis introduces the trends of korean courts' ruling on damages in medical malpractice cases for past 10 years. First of all, Korean courts' ruling have had a tendency to pay only non-economic damages for not taking the informed consent. If a doctor cannot get the informed consent from a patient, he compensate only non-economic damages for the infringement of self-determination rights of patient. It's enough for the plaintiff to prove the infringement of self-determination rights, if the plaintiff just want to get non-economic damages. The Korean Supreme court have ruled that if plaintiffs want to get economic damages for the infringement of self-determination rights or informed consent, plaintiffs must prove that the infringement of self-determination rights is the proximate cause of the economic damages of patient. There is another tendency for the Korean Supreme court to limit the damages in medical malpractice cases on the ground of patient's diseases' dangerousness or patient's idiosyncrasy. In the past courts often limit the damages only to 70~80% of total damages, but now a days courts mostly limit the damages to 20~30%. This thesis also introduce the Korean courts' trends about Valuing damages in personal injury actions awarded for gratuitously rendered nursing and medical care.

• Journal of Digital Convergence
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• v.10 no.4
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• pp.167-172
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• 2012

There is no substantive enactment in our country to regulate testifier's false statement in the process of investigation under current law. In consideration of such investigation reality, there exist predominant view that the regulations against testifier's untrue statement are necessary to fine actual truth on criminal justice. However, such view is not quite agreeable, for it holds a probability that excessive investigation rights might cause infringement on personal rights. It's because of human rights protection that the criminal justice puts before the finding of actual truth as its biggest principle, and as we see above, any testifiers' untrue statement are already punishable, although restrictive, through interpretation of deceptive scheme under current law such as obstruction of justice, crimes of sheltering or flying a criminal or calumny.

• Physical Therapy Rehabilitation Science
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• v.10 no.2
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• pp.124-133
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• 2021

Objective: In order to secure the right to walk for the weak, such as the disabled, this study aims to suggest ways to improve the pedestrian environment by identifying factors that cause obstacles to walking. Design: Data Analysis and Perception Survey. Methods: The questionnaire was conducted separately between users of personal mobility vehicle and non-users. A total of 207 effective questionnaires were collected, and the analysis analyzed the perception of personal mobility vehicle by conducting frequency analysis using SAS 9.4. The survey focused on basic information on respondents, walking conditions, understanding of personal mobility vehicle, awareness of pedestrian space passage and parking, and awareness of the possibility of securing pedestrian rights due to new regulations. Results: First, when moving a pedestrian path by personal mobility vehicle, it shall be limited to less than the walking speed of pedestrians. Second, the parking location of the personal mobility vehicle is located at the boundary of the pedestrian road and the lane. Third, pay a fair price to park in a pedestrian space. Conclusions: It is necessary to improve the system to strengthen the contents of education to take into account the safety of pedestrians in education on how to use personal mobility vehicle.

• The Journal of Korean society of community based occupational therapy
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• v.8 no.3
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• pp.49-57
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• 2018

Objective : The purpose of this study was to investigate the level of human rights sensitivity of occupational therapist and to compare the difference of the human rights sensitivity according to their characteristics and to provide basic data for the development of human rights education programs for occupational therapists in the future and to emphasize their role as human rights advocates. Methods : The subjects for this study were occupational therapists who chosen by snowball sampling method. The questionnaire consisted of 5 episodes and 30 questions to measure the level of occupational therapist's human rights sensitivity and 7 questions for identifying general characteristics of subjects. We distributed the questionnaire by on-line. 165 copies were collected and used to final data analysis. Results : The average of occupational therapists' human rights sensitivity was $33.52{\pm}14.96$. According to the subcategories, the average of perception of situation was $20.44{\pm}2.32$, perception of result was $19.85{\pm}2.32$, and the perception of responsibility was $19.14{\pm}2.21$. Among 5 episodes, The highest score was the right to pursue one's happiness of the elderly($12.72{\pm}1.56$), and the lowest score was the right to personal freedom in disabled ($11.04{\pm}2.23$). There were significantly differences of the subjects' age, educational level, organization type, and the level of clinical experiences. Conclusion : Occupational therapists' human rights sensitivity increased with age and the level of clinical experiences. And the human rights sensitivity increased as they were exposed to various human rights related circumstances. The reason of the highest score for situational awareness was that empathy for the client-centered intervention is important. This study confirmed that it is necessary to have human rights education and various educational programs.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.16 no.5
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• pp.117-123
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• 2016

In recent years, Personal Health Record (PHR) has emerged as a patient-centric model of health information exchange. The Personal Health Record (PHR) owners enjoy the full right of accessing their records anywhere and anytime making storage and retrieval more efficient. Due to the sensitivity and confidential nature of the PHR, however, the PHR is maintained in a secure and private environment with the individual determining rights of access. In this paper, we propose a system which enables access to the user's PHR in the event of emergency. In emergency situation where the user is unconscious, the emergency staff can use the PHR information to request a emergency access to the PHR server based on the predefined rights of access for PHR. Under the proposed system, the PHR owner can specify a fine grain access control policy during emergency situations.

• Journal of Digital Convergence
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• v.11 no.9
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• pp.21-27
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• 2013

With the advent of digital media environment, distribution way of information changes, legalization of the right to be forgotten is becoming increasingly necessary. However, too much emphasis on protection of personal information to hinder the development of the Internet industry and constitutional rights, including freedom of speech and right to know might be infringed. Thus, the scope of the right to be forgotten there is a need to clarify the rules. First, the rights of personal information can be divided into two. Right to be forgotten can be applied to the right to self-determination of personal information, but the right to self-determination information about social personality cannot be applied to. Second, in the digital media environment, old news article over the internet repeatedly distribution as the new damage is generating. Because old news article is a historical record, the right to be forgotten can not be applied. Thus, appropriate for digital media environment must find new ways.

• Spatial Information Research
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• v.20 no.6
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• pp.59-68
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• 2012

The Convention on the Rights of Persons with Disabilities is the international conventions to acknowledge that persons with disabilities have dignity as human being and to give us duty to make an effort for protection of persons with disabilities' rights. This study deducts several tasks in spatial information field to fulfill the Convention on the Rights of Persons with Disabilities effectively. First of all, For the deduction, this study starts by considering accessability, personal movement, freedom of expression and accessability to information. Second, this study defines persons with disabilities as the spatial information what ensure for prior considerations. Third, this study deducts some requirements on spatial information of persons with disabilities on the basis of the survey targeting persons with disabilities and the expert opinion, and suggests objectives, strategies, tasks, systems for effective implementation of the Convention on the Rights of Persons with Disabilities. Especially, this study sets up a goal on spatial information establishing strategy of persons with disabilities as 'Disadvantaged groups like persons with disabilities can obtain requirable information without distinction of person, thereby pursuing the convenience of life and improving the quality of life.

• International Journal of Internet, Broadcasting and Communication
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• v.11 no.2
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• pp.59-66
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• 2019

The emergence of new IT technologies and convergence industries, such as artificial intelligence, bigdata and the Internet of Things, is another chance for South Korea, which has established itself as one of the world's top IT powerhouses. On the other hand, however, privacy concerns that may arise in the process of using such technologies raise the task of harmonizing the development of new industries and the protection of personal information at the same time. In response, the government clearly presented the criteria for deidentifiable measures of personal information and the scope of use of deidentifiable information needed to ensure that bigdata can be safely utilized within the framework of the current Personal Information Protection Act. It strives to promote corporate investment and industrial development by removing them and to ensure that the protection of the people's personal information and human rights is not neglected. This study discusses the strategy of deidentifying personal information protection based on the analysis of fake news. Using the strategies derived from this study, it is assumed that deidentification information that is appropriate for deidentification measures is not personal information and can therefore be used for analysis of big data. By doing so, deidentification information can be safely utilized and managed through administrative and technical safeguards to prevent re-identification, considering the possibility of re-identification due to technology development and data growth.

• Journal of the Korea Society of Computer and Information
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• v.22 no.10
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• pp.151-157
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• 2017

In the case of uploading privacy information of an information owner in the Internet, the information owner may want to deliver the privacy information itself or remove such information from the search list in order to prevent third parties from accessing the privacy information of the information owner. Such a right to be forgotten may collide with the freedom of expression of a third party. The right to be forgotten, which originates from the self-determination right on privacy information based on Article 10 and 17 of the Constitution and the freedom of expression, which is based on Article 21 thereof are all relative basic rights and are both limited by Item 2 under Article 37 of the same law, which is the general limitation provision for the basic rights. Therefore, when the right to be forgotten and the freedom of expression collides, it is not possible to give priority to one of the those unilaterally. It depends on the nature of the case at hand to find a natural balance for the harmonious solution for both parties. The criteria can be the sensitivity to the privacy of the information owner caused by the disclose of the privacy information, the public benefits such information may serve, the social common good that could be expected by the disclosure of the privacy information and the damages suffered in terms of the personal interest caused by the disclosure of the information, in a comprehensive manner.

• Trans-
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• v.16
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• pp.33-68
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• 2024

In a rapidly growing digital economic environment, NFT has emerged as a hot topic in the art field. However, in China, NFT art is developing slowly due to constraints related to China's political economy and socio-cultural situation. Due to strict management and control, the circulation of cryptocurrency is limited, and the level of public awareness and acceptance of NFT art and market maturity are still low. Despite these limitations, this paper predicts that Chinese art creators and market participants can build an online personal art IP model that suits the characteristics of the Chinese market and explores the current status and possibilities.