• Title, Summary, Keyword: Ethics

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Whether to put on Criminal convictions on the medical examination records prepared by medical personnels - Sentenced by November 24, 2005, by The Supreme Court, Precedent case no. 2002DO4758 - (의료인의 진료기록부 등 허위작성시 형사처벌 가부 - 대법원 2005. 11. 24. 선고 2002도4758 판결 -)

  • Park, Kyong-Chun
    • The Korean Society of Law and Medicine
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    • v.8 no.1
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    • pp.107-135
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    • 2007
  • In preparation of the medical examination records, the failure to correctly write the taken medical behaviors on the medical examination records, is subject to criminal conviction due to the breach of the Article 21-1. The false or overstated writings on the medical examination records is subject to the same punishment due to the Article 21-1, which $\underline{additionally}$ may lead to the administrative measures such as the suspension of license according to Article 53-1. The interpretation is considered as proper in light of the function of the medical examination records, hazard to the patients, and the doctors' ethics. In light of the attitude of The Supreme Court for the preparation obligation of the medical examination records specified in the medical law Article 21-1(Purport : The doctors may continue to use their opinions on the patient's status and treatment process on the medical examination records, may provide the proper information to other medical staff, and ought to specify the details enough to decide the appropriateness of such medical behaviors after the recent treatment.), the false writings of the doctors on the medical examination records of the non-treated patient as faithfully treated one during the entire period before the present hospitalization, will be regarded as the fulfillment obligation of the preparation of the medical examination records in the medical law Article 21-1.

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The structural relationships between organizational ethical, job satisfaction and organizational citizenship behavior of private security guards (민간경비원의 조직윤리, 직무만족 및 조직시민행동의 구조적 관계)

  • Kim, Young-Hyun;Park, Kill-Jun
    • Korean Security Journal
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    • no.42
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    • pp.59-85
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    • 2015
  • The purpose of this study is to establish the structural relationship among organizational ethical climate, job satisfaction, and organizational citizenship behavior. It was intended for the private security guards who work in the security companies in Seoul and Gyeonggi from Jan. 1st, 2014 to Apr. 1st, 2014 to achieve the purpose like this. Purposive sampling was used as the sampling method according to this and sampling of 400 persons was done. However, the samples of 372 persons were finally used in the analysis through the process to check faithless answers, double answers, and abnormal data. The collected data was analyzed according to the purpose of the study by utilizing STATA 13.0 and AMOS 17.0. And for statistic techniques, frequency analysis, descriptive analysis, multivariate normality, confirmatory factor analysis(CFA), Pearson's correlation analysis, and structural equation model analysis were carried out. The conclusion gotten from this study through the data analyses according to the methods and procedure like this is as follow: First, organizational ethical climate has found to have the positive effect on job satisfaction(Non-standard $B=1.427^{***}$). That is, it can be interpreted that organizational ethical climate positively affects superiors, fellow employees, pay, current duties, and chances of promotion. Second, job satisfaction has found not to have the significant effect on organizational citizenship behavior. That is, it can be interpreted that job satisfaction does not affect altruism, conscience, and participation behavior. Third, organizational ethical climate has found to have the positive effect on organizational citizenship behavior (Non-standard $B=.361^{***}$). That is, it can be interpreted that organizational ethical climate positively affects altruism, conscience, and participation behavior. Fourth, the relationship between organizational ethical climate and organizational citizens has found that there is no any indirect effect in the bootstrapping estimation result to establish the indirect effect of job satisfaction. Fifth, the relationship between organizational ethical climate and job satisfaction has found that there are the moderating effects in the analytical result of the moderating effects of person-organization fit. That is, the effects of organizational ethical climate on job satisfaction have found that the groups with higher person-organization fit are more positive than those with lower person-organization fit. Sixth, the relationship between job satisfaction and organizational citizenship behavior has found that there are moderating effects in the analytical result of person-organization fit. That is, the effects of job satisfaction on organizational citizenship behavior have found that the groups with higher person-organization fit are more positive than those with lower person-organization fit.

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Health Economic Approach to End-of-Life Care in the US: Based on Medicare (말기의료의 경제적 요소에 관한 논의: 미국 메디케어 상황을 중심으로)

  • Suk, Ryan
    • The Korean Society of Law and Medicine
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    • v.15 no.1
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    • pp.335-373
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    • 2014
  • According to one Medicare report, in the US, total federal spending on health care expends almost 18 percent of the nation's GDP, about double what most industrialized nations spend on health care. And in 2011, Medicare spending reached close to $554 billion, which amounted to 21 percent of the total spent on U.S. health care in that year. Of that $554 billion, Medicare spent 28 percent, or about $170 billion, on patients' last six months of life. So what are the reasons of this high cost in EOL care and its possible solutions? Much spendings of Medicare on End-of-Life care for the terminally ill/chronically ill in the US has led health economics experts to assess the characteristics of the care. Decades of study shows that EOL care is usually supply-sensitive and poor in cost-effectiveness. The volume of care is sensitively depending on the supply of resources, rather than the severity of illness or preferences of patients. This means at the End-of-Life care, the medical resources are being overused. On the other hand, opposed to the common assumption, "The more care the better utility", the study shows that the outcome is very poor. Actually the patient preference and concerns are quite the opposite from what intense EOL care would bring about. This study analyzes the reasons for the supply-sensitiveness of EOL care. It can be resulted from the common misconception about the intense care and the outcome, physicians' mission for patients, lack of End-of-Life Care Decision which helps the patients choose their own preferred treatment intensity. It also could be resulted from physicians' fear of legal liabilities, and the management strategy since the hospitals are also seeking for financial benefits. This study suggests the possible solutions for over-treatment at the End-of-Life resulting from supply-sensitiveness. Solutions can be sought in two aspects, legal implementation and management strategy. In order to implement advance directive properly, active ethics education for physicians to change their attitude toward EOL care and more conversations about end-of-life care between physicians and patients is crucial, and incentive system for the physicians who actively have the conversations with patients will also help. Also, the general education towards the public is also important in the long run, and easy and official advance directive registry system-such as online registry-has to be built and utilized more widely. Alternative strategies in management are also needed. For example, the new strategic cost management and management education, such as cutting unnecessary costs and resetting values as medical providers have to be considered. In order to effectively resolve the problem in EOL care for the terminally ill/chronically ill and provide better experience to the patients, first of all, the misconception and the wrong conventional wisdom among doctors, patients, and the government have to be overcome. And then there should be improvements in systems and cultures of the EOL care.

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Media Work as Creative Labor?: Toward Critical Inquiry of Media Work with Critical Cultural Economy (창의적 일로서의 미디어 노동?: 미디어 노동의 문화경제 분석을 위한 시론)

  • Seo, Dong-Jin
    • Korean journal of communication and information
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    • v.57
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    • pp.33-48
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    • 2012
  • Over the last decades, the issue of work or labor has played a critical role in prevailing discourses to represent the changed economic reality. Aesthetic labor, cultural work, network labor, team-work and alike, have played a dazzling role to represent the emerging economic order, employing the word of labor. Certainly, it is not less than a part of a wide range of shifts in order to make capital work with more effect by making up a workable and governable subject. In this article, I try to examine shifts around the media work which has contributed to expand the new discourse of 'labor.' I will say that it is quite crucial for accounting for the reality of media work to shed light on moves to represent media work, and, among others, one to transform the subjectivity involved in it among others. Furthermore, it would be necessary to take a close look at the subjectivity of media work and its modification to deal with and eliminate the precariousness of media work. Saying about media work without paying any attention to heterogenous and various practices to compose a media work, one is forced to regard media work as the matter of economic and legal interests. In addition, it would bring about that the cultural political concerns of media work will be detached from critical sight of the media cultural studies. Referring to major studies around media work in critical media studies, cultural studies and political economy of communication, this article will briefly look into the arrangement of contentions around subjectivity of media work in South Korea. And it will try to suggest what cultural-political strategy we need to investigate, fighting against the hegemonic power to generate and regulate media work and its workers in precarious conditions. It does not intend to search the media work and its complicated realities in detail in South Korea. I wish that it would make a preliminary step to propose and elaborate the critical analysis of media work and its form of subjectivities.

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Priority Order of Decisional Factors and Conceptual Construct of Security Martial Arts' Spirit (경호무도 정신특성 요인의 상대적 중요도 평가)

  • Kim, Dong-Hyun
    • Korean Security Journal
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    • no.32
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    • pp.7-32
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    • 2012
  • This study aimed to evaluate the relative status using Analytic Hierarchy Process(AHP) on the spiritual factors of the security martial arts for the guards to perform the best security service. There were 540 participants who were students majored in security martial arts, workers for security and specialists of practical and theoretical security martial arts for this study. The exploratory and confirmatory factor analysis were carried out using the selecting data through literature reviews in the level of the factor-extraction about the spiritual characteristics. The specialists' survey was conducted on the relative status among factors using the spiritual concept structure based on the studied above. Selected data was calculated with SPSS 18.0 for windows, AMOS 5.0, and Expert Choice 2000 software. The conclusion can be made through those process above. First, 4 general factors and 20 detailed factors were found as the result of the factor exploration related to the spiritual characteristics of the security martial arts. The result which was verified on Construction validity of searched factors had stable figures on every standard. In other words, the participants for survey on this study "Spiritual characteristic concepts of the security martial arts" can be evaluated it is valid. The general factors of security martial arts' spirit were conceptualized with Psychological spirit, ethical spirit, martial art spirit, practical spirit through the naming process on the general factors of the security martial arts' spiritual characteristic concepts. The detailed factors of security martial arts' spirit were concentration, self-confidence, self-management, immersion, self-esteem in psychological spirit and sacrifice, justice, royalty, peace, sense of duty in ethical spirit and courtesy, toughness, defense, balance of mind and body, bravery in martial arts and responsibility, cooperation, modesty, determination, professionalism in practical spirit of security martial arts. That is, the conceptualization of security martial arts' spirit was verified that it had validity. Second, the hierarchical model of the security martial arts was composed with 4 superordinate concepts and 20 subordinate concepts. As the result of evaluating relative status based on Spiritual characteristics-hierarchy model, the impotance was proven in order of ethical spirit(.482), martial art spirit(.248), practical spirit(.188), psychological spirit(.083). Also the importance related to spiritual characteristics of security martial arts on subordinate concepts was proven in order of sacrifice(.252), courtesy(.110), sense of duty(.108), responsibility(. 073), royalty(.053), toughness(.052), justice(.049), defense(.038), professionalism(.038), determination(.035), cooperation(.029), self-confidence (.026), bravery(.025), self-esteem(.024), balance of mind and body(.023), peace(.019), concentration(.014), modesty(.013), self-management(.011), flow (.007). To sum up, the spiritual factor related to ethics such as sacrifice, justice, royalty, peace, sense of duty was the most important for the security martial arts.

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More-than-human Geographies of Nature: Toward a Careful Political Ecology (새로운 정치생태학을 위한 비인간지리학의 인간-자연 연구)

  • Choi, Myung-Ae
    • Journal of the Korean Geographical Society
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    • v.51 no.5
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    • pp.613-632
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    • 2016
  • The recent diagnosis of the Anthropocene challenges public understanding of nature as a pure and singular entity removed from society, as the diagnosis confirms the earth-changing force of humans. In geography, the nature-society divide has been critically interrogated long before the diagnosis of the Anthropocene, developing several ways of theorizing nature-society relations. This paper introduces a new frontier for such theoretical endeavors: more-than-human geography. Inspired by the material and performative turn in geography and the social sciences around the 2000s, more-than-human geographers have sought to re-engage with the livingness of the world in the study of nature-society relations. Drawing on actor-network theory, non-representational theory (NRT) and vitalism, they have developed innovative ways of thinking about and relating to nature through the key concepts of 'nonhuman agency' and 'affect'. While more-than-human geography has been extensively debated and developed in recent Euro-American scholarship on cultural and economic geography, it has so far received limited attention in Korean geographical studies on nature. This paper aims to address this gap by discussing the key concepts and seminal work of more-than-human geography. I first outline four theoretical strands through which nature-society relations are perceived in geography. I then offer an overview of more-than-human geography, discussing its theoretical foundations and considering ontologies, epistemologies, politics and ethics associated with nature-society relations. Then, I compare more-than-human geography with political ecology, which is the mainstream critical approach in contemporary environmental social sciences. I would argue that more-than-human geography further challenges and develops political ecology through its heightened attention to the affective capacity of nonhumans and the methodological ethos of doing a careful political ecology. I conclude by reflecting on the implications of more-than-human geography for Korean studies on nature-society relations.

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Compensation Criteria for Investigation Services and Strengthening Normative Force Plans for Detailed Qualification Criteria for Examination of Archaeological Heritage (매장문화재 조사용역 대가기준과 적격심사 세부기준 제도의 규범력 강화 방안)

  • Choi, Min-jeong
    • MUNHWAJAE Korean Journal of Cultural Heritage Studies
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    • v.52 no.2
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    • pp.240-253
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    • 2019
  • Archaeological heritages are precious cultural relics and public assets that must be preserved, conserved, and shared with people all over the world. Investigating archaeological heritage is valuable and plays an important role for the public good; our ancestors' cultures can be restored, and it helps with developing a clear understanding of the cultural and social aspects of a historical period as well as teaches about historical factors unreported in the literature. One of the most basic and important conditions necessary for recognizing the value and importance of archaeological heritage investigation, expertise, and quality improvement is to establish detailed criteria for investigation services and the qualification examination of archaeological heritage. Observation of detailed criteria and the qualification examination of archaeological heritage can partially demonstrate society's recognition of strengthening transparency, public property, and the objectivity of the investigation of archaeological heritage. However, the detailed criteria for investigation services and the qualification examination of archaeological heritage currently implemented as administrative rules are neither followed by all institutes in the public and private sectors nor the government. Thus, there are serious problems in terms of the effectiveness and stability of institutions. The detailed criteria for the qualification examination breach the principle of statutory reservation, the principle of statutory regulation, and regulations on the announcement and management of orders and rules. Non-compliance with compensation criteria for investigation services or with detailed criteria for the qualification examination of archaeological heritage will be one of the reasons for the failure of the investigation foundation for archaeological heritage in the future. That is, it will result in the expansion, reproduction, and repetition of a vicious cycle of conflict between developers, who are the decision-makers responsible for selecting an investigating organization for archaeological heritage and determining the cost, and investigating organizations. This includes the impractical shortening of investigation periods and reducing costs by developers, distrust of the values and the importance of investigations of archaeological heritage, a decrease in quality, accidents caused by a lack of safety, a lack of occupational ethics, and non-recruitment of new experts, etc. Therefore, it is necessary to change the structure from a vicious cycle to a virtuous cycle, and promote the enactment of regulations that will ensure effectiveness and stability in the process of attaining the goals of the institution and application of the institution, as well as the continuous advancement of work to fill the gaps with reality.

Comparison of the Science Education Curriculum and the Environmental Education Curriculum for Promoting Environmental Education (환경교육 활성화를 위한 과학과 교육과정과 환경과 교육과정 비교)

  • Yoon, Jin-A;Nam, Younkyeong
    • Journal of the Korean earth science society
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    • v.41 no.2
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    • pp.155-175
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    • 2020
  • The purpose of this study is to analyze the 2015 revised Science Curriculum and Environment Curriculum, and to provide implications for the correlation and complementarity between the two standards. For the analysis of the curriculum, the contents system of the two standards was reorganized based on the four categories of knowledge, attitude, inquiry, participation and practice, which are common literacy elements of science and environment, based on previous studies. Content Analysis was performed on content elements and detailed performance expectation. As a result of this study, there was a difference in terms of the core competencies and goals. The Environment Curriculum emphasized sustainable development and social participation while the Science Curriculum emphasized scientific inquiry and literacy. The contents system analysis results according to the four literacy factors are as follows. First, in terms of attitude, both standards deal with research ethics in common. However Environment Curriculum values learners' values and views on the environment more than Science Curriculum which emphasizes the science attitude as science investigators. Second, there was a serious problem in the knowledge linkage between two standards. In same grade groups, the level of content knowledge dealt in two standards was not consistent. Third, in the inquiry aspect, the Environment Curriculum deals with interdisciplinary topics in the purposefully designed inquiry unit, whereas the Science Curriculum presents various research activities based on related science concepts in every unit. Fourth, in the participation and practice aspect, the Environment Curriculum focused on participation and practice while the Science Curriculum focused on sustainable science and technology development and improvement, scientific interest and decision-making ability. This study provide implications for education for sustainable development(ESD) by providing the complementary potentials between Science Curriculum and Environment Curriculum.

A study on Establishment and Management of the CCTV in Operating Room (수술실 CCTV 설치 및 운영에 대한 고찰)

  • Kim, Minji
    • The Korean Society of Law and Medicine
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    • v.20 no.1
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    • pp.109-132
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    • 2019
  • Recently, medical accidents related to surgical procedures have increased. In addition, the media reported that some of these accidents were involved in health crimes. Patient-advocate groups have called for mandatory establishment and management of CCTV in operating rooms. There is a lot of discussion among the interested parties, so it is necessary to review the relevant laws and regulations. The purpose of this study is to identify the characteristics of CCTV in operating rooms and to review legislations related to establishment and management of the CCTV in operating rooms. Medical institutions use CCTV for management of facilities and patient safety and install it in operating rooms optionally. The Constitution guarantees the privacy and the privacy of correspondence of every citizen, but it can be limited by the law for public welfare. Currently, however, there is no existing law about establishment and management of the CCTV in operating rooms and it can be defect of legal system. Under the current legislations, it is likely that the Self-determination can be violated due to the characteristic of healthcare provider when CCTV is mandatorily installed in operating room. In addition, the regulations on access and leakage of confidential information known by operator are insufficient. So that, the safety of the visual data might be threatened. Furthermore, unless the period and the place of storage of the visual data are clearly defined, it is highly unlikely to meet the original purpose of patient safety and prevention of medical accidents. This study is meaningful as there is few previous study on this topic although the need for legal review about this is growing and several bills are being proposed. It is expected that the results of this study can be utilized as basic data for enactment or amendment of the laws and regulations about establishment and management of CCTV in operating rooms.

Retrospect and Prospect of Medical Law 20th Anniversary (Medical Criminal Law) (의료법학 20주년 회고와 전망(의료형법 분야))

  • Ha, Tae Hoon
    • The Korean Society of Law and Medicine
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    • v.20 no.3
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    • pp.47-79
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    • 2019
  • The Korean Society of Law and Medicine has faithfully played the role of professional academic organizations last 20 years in terms of academic activities, accumulated achievements, diversity, professionalism, and influence on academic circles. The Korean Society of Law and Medicine and the Journal of Medical Law serve as a platform for academic information and exchange of opinions on medical law. Medical law began in the midst of increasing conflicts and disputes caused by medical malpractice and the enactment and legal coercion of medical care as pressure on medical workers. It tried to find a way to coexist with each other through the encounter and convergence of medicine and law. Medical criminal law extends from traditional crimes in the realm of life and body protection to bioethics violations caused by the development of biomedical technology, corruption and economic crime in the medical field. Medical law has evolved into a comprehensive legal area dealing with legal issues raised in medical treatment, healthcare, bioethics, and life sciences technology. On the legal side, medical law is not independent legal areas. It is overlapping with traditional law areas such as civil law, administrative law, criminal law, social law, civil and criminal procedure law. However, it is now established as a convergence study in medicine, bioethics, life science, as well as in various fields of law. It has become an area where collaboration is needed with the field of law, medicine, ethics, sociology and economics. Medical criminal law has undergone a dynamic development over the last two decades. The development of medicine and medical technology provides new and innovative methods of diagnosis and treatment. The achievements and risks of revolutionary developments in biotechnology, genetic engineering and medicine coexist. While there is a dazzling achievement that mankind has hoped for: combating disease and improving health, it also creates unwanted side effects and risks to humans. There is a need to reconsider ethical and legal principles. The discovery and development of patient identity and autonomy has changed the medical doctor-patient relationship. Furthermore, it was complicated by the triangle relationship of patients, medical doctors and insurance. Legal matters are also complicated. This is why the necessity of legislation is emerging. Criminal punishment provisions are also required. The Medical Law and Biomedical Law are systematically and coherently deformed as mosaic-based legislation that takes place whenever there are social issues, citizens' needs, and medical organizations' interests, rather than sufficient enactment and revision procedures. It needs a complete overhaul, and this is possible through interdisciplinary collaboration which is the strength of The Korean Society of Law and Medicine.