• Title/Summary/Keyword: right to life

Search Result 1,188, Processing Time 0.038 seconds

Study of the Civil Liability for Unborn Life (출생 전 생명에 대한 민사법적 고찰)

  • Park, Dong-Jin
    • The Korean Society of Law and Medicine
    • /
    • v.10 no.1
    • /
    • pp.77-116
    • /
    • 2009
  • Owing to the development of Biotechnology, the involvement of humans in life before birth has been increasing. This means the need for the protection of unborn life takes on new importance. The respect for life and human beings which is based on fundamental constitutional principle should still be respected under civil law. This study examines how methods of respect for life are embodied in civil liability law. In particular, it enunciates the protection of unborn life within time-flow. Lastly, it studies the instruments of the civil liability law and the extent of protection for a fetus from the process of fertilization of an ovum by a sperm, development into an embryo and implantation. Especially, it looks into when and how the subject of the right changes. Besides, it critically scrutinizes the opinions of leading case lawyers and the Constitutional Court which conclude that, in order for a fetus to become the subject of Damage law, it is required to be born alive to comply with precedent. Furthermore, it suggests an alternative interpretation theory.

  • PDF

Fundamental Rights Reflected by the Legislation Regarding Radiation and Nuclear Power (방사선 및 원자력 관련 법제가 반영하는 기본권)

  • Han, Eun Ok;Lee, Jae Seong;Cho, Hong Jea
    • Journal of Radiation Protection and Research
    • /
    • v.41 no.1
    • /
    • pp.15-29
    • /
    • 2016
  • Research background: Despite the visible growth in radiation usage and nuclear power development, the analysis of their relationship with fundamental rights, a subject of public concern regarding issues including the right to health, environmental rights, safety rights, the right to know, the right to development, and the right to life, is currently non-existent. Methods: By examining various fundamental rights in the context of positive laws regarding radiation and nuclear power in an idealistic perspective that guarantees the maximum degree of rights, this paper aims to propose legislative supplements that will lead to improvements in quality of life. Result and discussion: In the South Korean Constitution, radiation and nuclear power is a subject incorporating several rights, including at least 12 clauses that are directly related to fundamental rights; these constitutional rights are manifested in the various clauses of the 14 positive laws regarding radiation and nuclear power. The question on the relative importance of each fundamental right as reflected in these positive laws- whether the right to life should be prioritized or considered equal in weight to the right to health, environmental rights, the right to know, and safety rights- requires careful deliberation and is difficult to humanly resolve in the short term. Conclusion: Making policy that expands the usage of radiation and nuclear power while simultaneously preventing their associated risks is an important task for the Republic of Korea, and a proper value judgment is necessary to find a balance in its associated rights.

The Right to Women's Body and Sexual violence (여성의 신체에 대한 권리와 성폭력)

  • 김성희
    • Journal of Families and Better Life
    • /
    • v.16 no.4
    • /
    • pp.17-28
    • /
    • 1998
  • The objective of this study was to investigate the experience and perception of sexual violence based on the right to women's body. For empirical analysis the data on 376 female students and 320 male students on two universities were collected. The major findings were as follows; Most of male students usually did sexual violence to women and lots of female students easily were invaded her right to body. The range of conception which the students perceived as sexual violence was wider than that of related laws Thus in order to secure sexual equity this study proposed that laws should reflect widely the right to women's body and that male students should be educated to respect it.

  • PDF

A Study of the Pelvic and the Scapular Level on the Life Habit and the Position (생활습관 및 자세가 골반과 견갑골에 미치는 영향)

  • Park Youn-Ki
    • The Journal of Korean Physical Therapy
    • /
    • v.7 no.1
    • /
    • pp.69-73
    • /
    • 1995
  • This research was performed to evaluate for the life style and the position of the pelvis and the scapular on the coronal plane among 78 students at the April, 7. 1995/ In this result the right scupular elevation was observed more 28 cases $(28\%)$ than the left scupular elevation, But the left pelvic tilt was observed more 38 cases $(48.7\%)$ than right pelvic tilt. There was no significant between the posture and the difference of scapular elevation and pelvic on the coronal plane.

  • PDF

Statistical analysis of life pattern and functional cosmetics awareness (생활형태와 기능성화장품 인지도에 대한 통계적 분석)

  • Shin, Jae-Kyoung
    • Journal of the Korean Data and Information Science Society
    • /
    • v.25 no.6
    • /
    • pp.1273-1281
    • /
    • 2014
  • As a variety of industrial technology advances with various materials developed, cosmetics industry in general is witnessing many kinds of new cosmetic products. At the same time, Cosmetics Act becomes effective, and cosmetics ingredient labeling is implemented. Concerns with life pattern such as life management, biorhythm, right posture, and stress symptoms are on the increase in order to seek high-quality life as well. These life patterns are closely connected not only with life quality and health but with skin management, and thus this paper conducts a survey on the connection between functional cosmetics awareness and life pattern. Results show that out of 16 questions concerning cosmetics awareness, responses to question number 3, 5, 6 and 11 have relevant differences among colleges. Furthermore, the results of cross analysis with life pattern show that there are relevant differences between the year of responses and stress symptoms and between the year of responses and right posture. Lastly, it is shown that answers to questions regarding gender and biorhythm, gender and right posture, and gender and stress symptoms are relevantly different. Further research is needed to reveal the differences between college students and ordinary people at large.

Effects of Lifelog Experience on Technology Satisfaction and Perception of Right to be Forgotten (라이프로그 이용이 기술 만족도와 잊혀질 권리 인식에 미치는 영향)

  • Yoon, Il-han;Kwon, Sun-dong
    • Journal of the Korea Institute of Information Security & Cryptology
    • /
    • v.26 no.3
    • /
    • pp.837-852
    • /
    • 2016
  • This study examined the life-log related ICT in terms of both positive effects and adverse effects. As results, from the perspective of positive effects, experience of using life-log related ICT affects the usefulness of ICT, whereas usefulness of ICT affects satisfaction of ICT. From the perspective of adverse effects, experience of using life-log related ICT affects concern over privacy, whereas concern over privacy affects the awareness of the right to be forgotten. And, Internet privacy efficacy moderates the impact of experience of using life-log related ICT and the impact of concern over privacy.

A Study on Aid in Dying (조력사망(Aid in Dying)에 대한 고찰)

  • Lee, Jieun
    • The Korean Society of Law and Medicine
    • /
    • v.23 no.2
    • /
    • pp.67-96
    • /
    • 2022
  • "Aid in Dying" means that when a decision-making patient suffers from an incurable disease, a drug that can speed up death is prescribed by a doctor and used to lead to death. Since the suspension of life-sustaining treatment was institutionalized based on human dignity and patient autonomy, the question of whether assisted death can be legally justified in relation to the right to receive medical help to shorten one's life to die with dignity has recently been actively discussed. In Korea, since the suspension of life-sustaining treatment was institutionalized by the enactment of the Life-sustaining Treatment Decision Act in 2016, an amendment to the Life-sustaining Treatment Act was recently proposed to legalize Aid in Dying. The global trend is that human "Right to Die" is discussed in the division of life and death, from the suspension of life-sustaining treatment to assisted death, and again in the order of euthanasia. In this paper, we started discussing dignified death and institutionalized patients' right to self-determination, looked at the controversy in the United States, which legislated assisted death in many states since the 2000s, and analyzed the main contents of California's End of Life Option Act and the data after enforcement. The strict requirements for Aid in Dying, such as voluntary confirmation of patients' intentions and doctors' obligation to provide information, and the results of California's Aid in dying system, composed of relatively diverse races, were reviewed.

Review on the Justifiable Grounds for Withdrawal of Meaningless Life-sustaining Treatment -Based on a case of Supreme Court's Sentence No. 2009DA17417 (May 21, 2009)- (무의미한 연명치료 중단 등의 기준에 관한 재고 - 대법원 2009.5.21 선고 2009다17417사건 판결을 중심으로 -)

  • Moon, Seong-Jea
    • The Korean Society of Law and Medicine
    • /
    • v.10 no.2
    • /
    • pp.309-341
    • /
    • 2009
  • According to a case of Supreme Court's Sentence No. 2009DA17417 (May 21, 2009), the Supreme Court judges that 'the right to life is the ultimate one of basic human rights stipulated in the Constitution, so it is required to very limitedly and conservatively determine whether to discontinue any medical practice on which patient's life depends directly.' In addition, the Supreme Court admits that 'only if a patient who comes to a fatal phase before death due to attack of any irreversible disease may execute his or her right of self-determination based on human respect and values and human right to pursue happiness, it is permissible to discontinue life-sustaining treatment for him or her, unless there is any special circumstance.' Furthermore, the Supreme Court finds that 'if a patient who is attacked by any irreversible disease informs medical personnel of his or her intention to agree on the refusal or discontinuance of life-sustaining treatment in advance of his or her potential irreversible loss of consciousness, it is justifiable that he or she already executes the right of self-determination according to prior medical instructions, unless there is any special circumstance where it is reasonably concluded that his or her physician is changed after prior medical instructions for him or her.' The Supreme Court also finds that 'if a patient remains at irreversible loss of consciousness without any prior medical instruction, he or she cannot express his or her intentions at all, so it is rational and complying with social norms to admit possibility of estimating his or her own intentions on withdrawal of life-sustaining treatment, provided that such a withdrawal of life-sustaining treatment meets his or her interests in view of his or her usual sense of values or beliefs and it is reasonably concluded that he or she could likely choose to discontinue life-sustaining treatment, even if he or she were given any chance to execute his or her right of self-determination.' This judgment is very significant in a sense that it suggests the reasonable orientation of solutions for issues posed concerning withdrawal of meaningless life-sustaining medical efforts. The issues concerning removal of medical instruments for meaningless life-sustaining treatment and discontinuance of such treatment in regard to medical treatment for terminal cases don't seem to be so much big deal when a patient has clear consciousness enough to express his or her intentions, but it counts that there is any issue regarding a patient who comes to irreversible loss of consciousness and cannot express his or her intentions. Therefore, it is required to develop an institutional instrument that allows relevant authority to estimate the scope of physician's medical duties for terminal patients as well as a patient's intentions to withdraw any meaningless treatment during his or her terminal phase involving loss of consciousness. However, Korean judicial authority has yet to clarify detailed cases where it is permissible to discontinue any life-sustaining treatment for a patient in accordance with his or her right of self-determination. In this context, it is inevitable and challenging to make better legislation to improve relevant systems concerning withdrawal of life-sustaining treatment. The State must assure the human basic rights for its citizens and needs to prepare a system to assure such basic rights through legislative efforts. In this sense, simply entrusting physician, patient or his or her family with any critical issue like the withdrawal of meaningless life-sustaining treatment, even without any reasonable standard established for such entrustment, means the neglect of official duties by the State. Nevertheless, this issue is not a matter that can be resolved simply by legislative efforts. In order for our society to accept judicial system for withdrawal of life-sustaining treatment, it is important to form a social consensus about this issue and also make proactive discussions on it from a variety of standpoints.

  • PDF

The Effect of Smart Working and Psychological Attachment from Work on Right to Disconnect : Focused on Moderating Effect of Open Communication and Gender (스마트워크와 심리적 비분리가 연결되지 않을 권리 인식에 미치는 영향 : 의사소통 개방성과 성별의 조절효과를 중심으로)

  • Park, Jung-Ryeol;Kwon, Sun-Dong
    • Journal of Information Technology Applications and Management
    • /
    • v.26 no.1
    • /
    • pp.77-93
    • /
    • 2019
  • Recently, office workers are increasingly aware of the right to disconnect because of the pressure from strong connections with Internet messengers. In this study, we examined the reason why the perception of the right to disconnect increases and how to deal with it. This research model is that smart working and psychological attachment from work affect right to disconnect, and that open communication and gender moderate the intensity of these effects. To verify this research model, survey questionnaires were distributed to workers in smart working environments, and 400 data were collected and analyzed using Smart-PLS. As results of data analysis, it was verified that smart working and psychological attachment from work had a significant influence on right to disconnect, that open communication group had a lesser effect of psychological attachment from work on right to disconnect than closed communication group, and that women had a lesser effect of psychological attachment from work on right to disconnect than men. Organizations need to maintain a desirable level of right to disconnect in order to improve the quality of working life. But, if it is impossible, They need to change the way of communication more openly so as to absorb the burden of strong connection by Internet. And they need to perform task assignment or stress relief policy reflecting gender characteristics.

Adult Dirofilaria immitis in the Aorta of a Dog (개에서 심장사상충증의 대동맥 이소기생)

  • Wang, Ji-Hwan;Choi, Ho-Jung;Lee, Young-Won;Park, Ki-Tae;Yeon, Seong-Chan;Lee, Hyo-Jong;Lee, Hee-Chun
    • Journal of Veterinary Clinics
    • /
    • v.25 no.4
    • /
    • pp.303-306
    • /
    • 2008
  • Unknown age, spayed female mixed dog was presented with a severe lethargy. Radiography, ultrasonography, and blood screen test were performed to make a diagnosis. There were no specific radiographic findings. On the ultrasonography, small amount of ascites was found around gallbladder and hepatic vein was dilated approximately 6.1 mm. Blood screen test revealed a severe anemia. Result of heartworm ELISA kit was positive. At necropsy, parasites were in the left atrium, right ventricles, aorta, pulmonary artery, right renal artery.