한국 의료법에서 후견주의 이념의 수용, 변형 그리고 거부 - 치료중단에 대한 법원 판결을 중심으로 -

김나경,Kim, Na-Kyoung,Harmon, Shawn H.E. 한국발생생물학회 2010 발생과 생식 Vol.14 No.2

This article analyzes two leading Korean cases which led to opposite conclusions: the Boramae Hospital Case (Korean Supreme Court 2002 Do 995) and the Shinchon Severance Hospital Case (Korean Supreme Court 2009 Da 17471). In doing so, it pays particular attention to the acceptance, modification, and rejection of paternalism, specifically 'physician paternalism' and 'familial paternalism', both of which have long and strongly influenced the Korean medical environment. In Boramae Hospital, the Court emphasized the obligation of the physician in terms of the life of the patient (eg: protecting and preserving the life and welfare of the patient). Its position seemed to be based on the traditional physician paternalism which presupposes the ability of physicians to identify right and wrong choices according to natural laws. However, the Court saw itself as the final arbiter of who identifies and determines the real world content and consequences of that natural law. In short, the Court elevated itself to the supreme guardian of the patient, and held that its decision cannot be overruled by that of the patient's family. So without specifically referring to the importance of the family and the role of familial decisions, both long-observed traditions in medical decision-making in Korea, the Court shifted away from familial paternalism. In Shinchon Severance Hospital, the Court explained the meaning of the patient's powers of self-rulemore concretely, explaining its scope and substance in greater detail. The Court held that one can exercise the right of self-rule, even over issues such as death, in the form of 'previous medical directions'. However, this case does not represent a wholesale acceptance of medical autonomy (ie: it does not accept self-rule unconditionally). Rather, the Court accepted the importance of the opinions and decision of physicians and of the Hospital Ethics Commission, and the Court still retained to itself the authority to review and make alterations to 'material' decision. The Court did not overlook the importance of the decision of the patient's family, but it also did not relinquish its status as supreme guardian, emphasizing the 'objective' nature of a decision from the court.

의료 개념의 다층적 이해와 법

김나경,Kim, Na-Kyoung 대한의료법학회 2010 의료법학 Vol.11 No.2

This article analyses the concept of medicine in the legal context. It is not easy to define the concept of medicine because medical practice has various dimensions and the situation in which the practice is performed has a broad variety. The duty of medical law is to build the boundary of protection in that the nature of medicine would not be distorted by the factors of social systems like industry or governmental authorities. Without understanding the various dimensions - especially the dimension of Humanities and Sociology - of the medicine it is not possible to draw the limit on the performance of medicine appropriately. Concerning the medical practice (especially in the context of the regulation of medical licence), the enacted law (Medical Act) defines the concept just for form's sake and it finally depends on the interpretation of the legal enforcement authorities. Moreover, between the judgments of the courts there exists no coherent principles for the regulation and the interpretation of the Medical Act depends often on the riskiness, the abstract concept, which finally leads the interpretation to depend on the subject of the practice. On the contrary, the development and scientific movement of the technology tends to tighten the range of the medical professionals of medical practice and the perspectives of the medicine. Medical act is actually oriented at the patient's understanding of him- or herself. The above-mentioned tendency of the interpretation and the legal policy could lead the medicine away from its nature.

빈곤의 사회학적 이해와 법적 수용: 국민건강보험법상 보험료 체납에 대한 법적 제재의 정당성

김나경 ( Na Kyoung Kim ) 법과사회이론학회 2012 법과 사회 Vol.0 No.42

Im Bereich der Sozialversicherung wird das Konzept der Armut im Bereich der Rechtswissenschaft und der Soziologie auf der verschiedenen Art und Weise definiert. Des weiteren kann das Konzept nicht absolut oder perfekt definiert werden. Das heißt, dass es bei der Politik der Gesetzliche Krankenversicherung als Sozialversicherung immer existiert die Schichte der Armut, die zwar vom Gesetz nicht als die Unterste eingordnet wird aber noch die Soziale Unterstutzung braucht. Dieses Phanomen kann man die Isolierung der zweiten untersten Schichte in der Gesellschaft. Im Koreanischen Gesetz fur die Gesetzliche Krankenversicherung (GKV) wird das Phanomen der Isolierung durch die Beschrankung der medizinischen Leistungen gegen die Nichtzahlung des (Versicherungs-)Beitrags viel verstarkt. Dieser Aufsatz analysiert gerade die rechtssoziologische Bedeutung der Regelung als solche vom GKV und versucht, den rechtspolitischen Vorschlag zu geben. Das Gesetz fur GKV kann nur dann gerechtfertigt werden, wenn einerseits die Unzulanglichkeit der gesetzlichen Definition der Armut (oder den Mengel der gesetzlichen Klassifikation der Armut-Schicht im Gesetz erkennt wird und andererseits die Regelungen fur Einschluss der isolierten Schichte im Gesetz geschafft werden.

비모수 통계기법을 이용한 낙동강 수계 BOD, COD 및 TOC 변화경향성 분석

김나경 ( Na-kyoung Kim ),김은정 ( Eun-jung Kim ),박배경 ( Bae-kyung Park ),김홍태 ( Hong-tae Kim ),신동석 ( Dong-seok Shin ),김용석 ( Yong-seok Kim ) 한국물환경학회 2016 공동 춘계학술발표회 Vol.2016 No.0

적층 제조된 회로와 센서의 접합력 개선을 위한 플라즈마 개질 연구

김나경(Na Kyoung Kim),강승민(Seung Min Kang),김건휘(Geon Hwee Kim) 대한기계학회 2024 대한기계학회 춘추학술대회 Vol.2024 No.11

전기 방사를 통해 제작된 PVDF 나노 섬유 웹 기반의 발열소자 제작

김나경(Na Kyoung Kim),백상현(Sang Hyun Baek),김건휘(Geon Hwee Kim) 대한기계학회 2024 대한기계학회 춘추학술대회 Vol.2024 No.11

전단적 의료행위의 형법이론 구성

김나경(Kim Na-Kyoung) 한국형사법학회 2007 형사법연구 Vol.19 No.2

태아의 장애를 이유로 하는 임신중절 - 사회학적 구조와 형법정책

김나경(Kim Na-Kyoung) 한국형사법학회 2007 형사법연구 Vol.19 No.1

  Nowadays the termination of a foetus became a kind of undesirable routine, so the problem of the termination of pregnancy might seem somewhat trivial. But the discussion about the termination of a foetus can always be a core background particularly for the discussion about the new biotechnology. Among many types of the termination of pregnancy, the termination for reason of fetal abnormality is dealt with in this article.<BR>  Some people in the dis ability movement often advocate the extreme social model of disability concentrating only on the purpose of the removal of social oppression and the discrimination against the disabled. But there is harm in the impairment itself and in this context, it began in the disability movement to recognize that the extreme social model of disability cannot represent the voice of the disabled well. Apart from this, the impairment does not always have the negative components. The disabled can develop certain ability or a new world on the basis of their impairment. This positive side of the impairment comes especially from the voice of the disabled themselves because our society is still disabling.<BR>  Concerning the abortion there is the influenced or affected interests by the impairment or social oppression which belong not to the disabled but to the woman or the parents in future. If we see the social structure, then it might be seen that the positive side of the impairment cannot always outweigh the affected interests of the parents. The responsibility of the parents for the education or raising a child is really big and strong and become a big burden for them. Furthermore the society where the oppression and the discrimination against the disabled exist tend normally to avoid the collective responsibility of the society for the welfare of the disabled or the improvement of the life of them and then the negative side of the impairment would be entirely put on the parents. Moreover. the legal status of the foetus is different from that of the disabled. Even though the disabled can insist that nobody should press his own value judgement about the quality of disabled life, the interests of the disabled foetus is allowed to be balanced with other interests.<BR>  Then how is the abortion for reason of fetal abnormality to be regulated? The decision has especially to do with the private area and the situation of them must be individualized. It could be the first reason for giving doctors the discretion. But the doctor is not always sure either. because they are not the subject of the life the parents would live. In this sense the judgement of the doctor depends often on the judgement of the women. Especially in the already noted context that women cannot avoid having many kinds of burden from raising the child and the decision of woman is something unavoidable. But there are still some elements that make us hesitate to give women or parents in future an entire right to decide. It cannot always be said that the women and the parents realized their autonomy sufficiently, There is still the possibility that the decision might be different if the decision is reflective. In this context the legalization of the process where the women/parents consider the life of the foetus on the one side and their own life on the other side reflectively could be a good way to get close to the ideal decision and the concept of consultation is just one method for that. Concretely speaking, the sufficient information is needed. The consideration of the life with dis ability can be realized if the disabled can take part in the establishment for the guidelines for the consultation and the chance to exchange the perspectives is given to the women. Secondly, if there is no specific section for the abortion on the ground of fetal abnormality then the discussion about the fetal abnormality would be disappeared in the context of medical-social grounds, The disabled can use

‘주관적 구성요건표지"를 매개로 하는 생명공학의 규율원리 모색 - 착상 전 유전자 진단(PGD)의 문제를 중심으로

김나경(Kim Na-Kyoung) 한국형사법학회 2007 형사법연구 Vol.19 No.3

국내 스포츠센터의 서비스스케이프와 고객신뢰 및 구매행동의 관계

김나경(Kim, Na-Kyoung),채재성(Chae, Jae-Sung) 한국체육과학회 2018 한국체육과학회지 Vol.27 No.2

The purpose of this study is to analyze the relationship of service scape according to participation characteristics of domestic sports center and to identify the causal relationship between customer trust and purchase behavior centered on service scape. Therefore, in order to achieve the purpose of the study, participants in the sports centers located in the region were selected as research subjects and conducted direct inquiry by questionnaire method. The collected data were verified and analyzed through statistical significance, and the following conclusions were obtained. First, the service scape according to frequency of use of domestic sports center was there was not related to all surrounding environmental, design, and social factors. Second, as a result of the service scape according to the use time of the domestic sports center, there was highly related only to the surrounding environmental factor. Third, the service scape according to the duration of participation in domestic sports center has a great relation with all surrounding environmental, design, and social factors. Fourth, the influence of the service scape of the domestic sports center on customer trust is shown to be highly related to social and surrounding environmental factors order. Fifth, the effect of customer trust in domestic sports center on purchasing intention, a sub-factor of purchasing behavior, was found to be highly related to purchase intention. Sixth, it is found that there is a great relationship between the degree of recommendation intention of others to analyze the effect of customer trust in domestic sports center on the recommendation intention of others, which is a sub-factor of purchasing behavior. Seventh, the influence of service scape on purchasing intention, which is a sub-factor of purchase behavior, was found to be highly related to surrounding environmental and social factors order. Eighth, the influence of service scape on the degree of recommendation intention of others, which is a sub-factor of purchasing behavior, was found to be highly related to social and surrounding environmental factors order. Based on the above results, managers in the domestic sports club should prioritize indoor and outdoor design of the club and provide appropriate services to the participants and strengthen the surrounding environmental conditions. By managing the service scape of the sports center, not only the perception of customer trust can be enhanced, but also customer satisfaction and reuse, that is, purchasing behavior can lead to a positive direction.