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.

신생아 치료중단의 법적 문제 : 영국 판례와 이론의 분석을 중심으로 Analysis of the Precedents in the U.K.

김나경 ( Na Kyoung Kim ) 고려대학교 법학연구원 2008 고려법학 Vol.0 No.51

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.

맞춤형 OOH 광고의 효용성과 실행에 관한 전문가 인식 연구

김나경(Kim Na Kyoung),고한준(Ko, Han Jun) 한국OOH광고학회 2022 OOH광고학연구 Vol.19 No.2

본 연구는 OOH 광고의 미래를 위한 대안이 될 수 있는 맞춤형 OOH 광고의 효용성과 향후 집행 방안을 알아보고자 하는 목적에서 시도되었다. 이 과정에서 OOH 광고에서 맞춤형 광고를 도입하는 것에 대한 전문가 인식은 어떠한지, 맞춤형 OOH 광고의 장, 단점은 무엇인지, 맞춤형 OOH 광고에 대한 분류 기준을 최초로 정의하고, 각 유형별 맞춤형 OOH 광고에 대한 전문가들의 전망은 어떠한지를 확인하고자 하였다. 이를 위해, 델파이 조사(delphi study)를 실시하였으며, 먼저 26명의 관련 학계 및 업계 전문가를 대상으로 개별 심층 면접(in-depth interview)를 진행하고, 이를 바탕으로 작성된 설문지를 통해 135명의 관련 분야 전문가에게 온라인 설문조사를 실시하였다. 연구결과, 업계 전문가들은 맞춤형 OOH 광고의 도입과 전망에 대부분 긍정적 태도를 보였다. 맞춤형 OOH 광고의 긍정적 측면으로는 타깃팅 적용 가능성이, 부정적 측면으로 개인정보 문제가 가장 큰 것으로 나타났다. 본 연구는 맞춤형 OOH 광고의 유형을 개인인식형, 사물인식형, 상황인식형으로 정의하였으며, 이러한 세 가지 유형에 대해서 전문가들은 상황인식형, 개인인식형, 사물인식형의 순으로 향후 실행 차원에서 긍정적으로 전망하였다. 또한 맞춤형 OOH 광고의 활성화 운영방안으로는 기술적, 사회적, 법률적 측면을 동시에 고려해야 하며, 맞춤형 OOH 적극적 실행과 도입에 대한 관심이 필요한 것으로 나타났다. 본 연구 결과는 OOH 광고의 미래인 ‘맞춤형 OOH 광고’라는 이슈를 촉발시켜 OOH 산업 발전을 위한 논의의 장을 마련했으며, 광고 학계와 업계 전문가 의견을 수렴하여 맞춤형 OOH 광고의 전망과 중단기적 개선점을 도출하였다는 점에서 의의가 있으며, 나아가 맞춤형 OOH 광고의 유형을 체계화하고 향후 활성화 방안을 제시한 첫 연구라는 점에서 학술적, 실무적 의의가 있다. The purpose of this study is to find out the effectiveness of customized OOH advertising and its implications in the future. Particularly, this study attempted to provide the definition of customized OOH advertising from experts’ perspective. In addition, this study tried to identify strengths and weaknesses of customized OOH advertising and classify the major types of customized OOH advertising. In this process, a Delphi study was conducted by interviewing experts from OOH advertising related academia and industry. A total number of 26 experts were participated in the in-depth interviews and 135 experts in the online or offline surveys. As a result, majority of experts showed positive attitudes toward customized OOH advertising. One of the major reasons for the positive attitude toward customized OOH advertising was the effectiveness of targeting. On the other hand, the major negative aspect was privacy issue caused by the execution of customized OOH advertising. This study also classified customized OOH advertising into the three types, as follows: person recognition customized OOH advertising, object recognition customized OOH advertising, and situation recognition customized OOH advertising. Regarding these types of customized OOH advertising, experts anticipated positive consequences in the order of situation recognition, person recognition, and object recognition customized OOH advertising in the future. Finally, this study suggested that various aspects, such as technical, social, and legal aspects, should be considered in order to successfully apply customized advertising to the field of OOH advertising. This exploratory study is a meaningful exploratory attempt to provide the new classification of customized OOH advertising and to identify the effectiveness and implementation of customized OOH advertising in the future.

유통산업의 ESG경영을 위한 임파워링리더십, 안전문화, 안전행동, 조직신뢰관계 연구

김나경(Na Kyoung Kim) 사단법인 한국안전문화학회 2024 안전문화연구 Vol.- No.29

최근 기업경영의 핵심 패러다임이자 화두는 기업의 지속가능성과 비재무적 요소를 고려한 ESG경영이다. 급변하는 경영환경속에서 유통산업은 AI, 로보틱스 등 디지털전환(DX)을 통해 지속성장의 발판을 마련하려는 다양한 시도를 하고 있으나, ESG안전에 있어서는 산업적 특성을 고려한 대응방안이 필요한 상황이다. 본 연구는 유통산업의 ESG안전경영을 위해, 임파워링리더십, 안전문화, 안전행동, 조직신뢰의 매커니즘을 규명하고, 임파워링리더십과 안전행동간 안전문화의 매개효과와 안전문화와 안전행동간 조직신뢰의 조절매개효과를 실증적으로 검증하였다. 이를 위해 유통업게 400명의 종사자를 대상으로 온라인설문조사를 실시하여 불성실응답 16명을 제외한 384명의 응답을 분석에 활용하였으며, 주요변인 간 관계확인 및 가설검증을 위해 SPSS 25.0 Process Macro, AMOS 22.0로 분석하였다. 연구결과 첫째, 임파워링리더십은 안전행동, 안전문화, 조직신뢰에 모두 정적(+)으로 유의미한 영향을 미치는 것으로 나타났다. 둘째, 임파워링리더십은 안전문화를 향상시키고 안전문화를 통해 구성원의 안전행동을 강화 · 촉발시키는 것으로 나타나 안전문화의 매개효과가 입증되었다. 셋째, 안전문화를 통한 임파워링리더십과 안전행동간에 조직신뢰의 조절매개효과를 규명하였다. 이러한 연구결과를 토대로 유통산업의 ESG안전스텐다드를 마련하고, 안전컴플라이언스 대응전략과 프로세스 구축을 위한 이론적, 실무적 제언을 제시하였다. ESG management, which considers non-financial elements of companies, is the current emphasis of corporate management. To sustain development in the shifting business landscape, the distribution industry is exploring digital transformation(DX) initiatives like AI and robotics. However, to ensure environmental, social, and governance(ESG) safety, industry-specific precautions must be taken. This study focused on the ESG safety management in the distribution industry. It aimed to identify the mechanisms of empowering leadership, safety culture, safety behavior, and organizational trust. The study also empirically confirmed that safety culture acts as a mediator between empowering leadership and safety behavior. Additionally, it found that organizational trust plays a moderating role between safety culture and safety behavior. In order to achieve this objective, a survey was performed online with a sample size of 400 workers in the distribution industry. Out of the 400 replies, 384 were considered reliable for analysis after eliminating 16 dishonest responses. The data was then analyzed using SPSS 25.0 Process Macro and AMOS 22.0 to check the link between the main variables and test the hypotheses. The study revealed that empowering leadership had a large and beneficial impact on safety behavior and safety culture. Furthermore, research has demonstrated that the implementation of empowered leadership has a positive impact on safety culture, hence strengthening and initiating safety-related actions among individuals. Furthermore, it was discovered that organizational trust acts as a moderating mediator between empowering leadership and safety behavior, specifically through safety culture. The study confirmed that as the level of organizational trust increases, the positive impact of empowering leadership on safety behavior is enhanced through the mediating role of safety culture. The given findings provide theoretical and practical recommendations for implementing ESG safety compliance response systems and safety processes in the distribution industry.

쿠키리스시대의 대안, AI기반 맞춤형 DOOH의 광고효과 척도 개발 연구 : 상황 인식형 광고를 중심으로

김나경(Kim, Na Kyoung),고한준(Ko, Han Jun) 한국OOH광고학회 2024 OOH광고학연구 Vol.21 No.2

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

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.