1.Research on Classifed Punishments on Manufacturers of Unconformity Products in Supervision and Sampling Inspection of Medical Devices.
Pei LI ; Xin LI ; Xiaolong QIANG ; Fenglian MA ; Zhiqiang WU
Chinese Journal of Medical Instrumentation 2018;42(6):440-443
Theories of classified management which are based on risk governance are introduced into the newly revised , but the punishments on the manufacturers of unconformity products are not classified based on the severity and risks caused by the test items. This article analysed the disadvantages of current punishment measures on the manufacturers of unconformity products and the theoretical basis of classified punishments. The feasibility of classified punishments had also been studied and some basis of discretionary punishments was provided under the current regulations.
Equipment Failure
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Equipment and Supplies
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standards
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Punishment
2.A Psychiatric Review on Filicide.
Myung Je SUNG ; Jeong Hyun KIM
Korean Journal of Legal Medicine 2011;35(1):7-15
BACKGROUND/AIMS: Filicide, the murder of a child by his or her own parent, is a multifaceted phenomenon with diverse causes and characteristics. This study aimed to review the present state of knowledge regarding demographic, psychosocial, clinical, and legal characteristics of filicide. METHODS: Domestic and International database were systematically searched with keyword of "filicide" for studies published until October, 2010, in English or Korean. Of the 107 searched articles, those that were overlapped in contents or out of the scope of this review were excluded. Finally, total 88 literatures were included in this review. RESULTS: The characteristics of the parents who committed filicide varied greatly by the type of the sample enrolled in studies. The results of the review suggested that little is known about the factors that confer victimization risk to children. The legal punishment was also different by nations. CONCLUSION: Given the range of capability of filicide, mental health professionals should be alert to the possibility of filicide in a variety of parents. A systematic and more focused research to elucidate reliable predictors of filicide is needed to better prevent these tragic events.
Child
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Crime Victims
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Homicide
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Humans
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Mental Health
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Parents
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Punishment
3.To Blame or Not? Modulating Third-Party Punishment with the Framing Effect.
Jiamiao YANG ; Ruolei GU ; Jie LIU ; Kexin DENG ; Xiaoxuan HUANG ; Yue-Jia LUO ; Fang CUI
Neuroscience Bulletin 2022;38(5):533-547
People as third-party observers, without direct self-interest, may punish norm violators to maintain social norms. However, third-party judgment and the follow-up punishment might be susceptible to the way we frame (i.e., verbally describe) a norm violation. We conducted a behavioral and a neuroimaging experiment to investigate the above phenomenon, which we call the "third-party framing effect". In these experiments, participants observed an anonymous perpetrator deciding whether to keep her/his economic benefit while exposing a victim to a risk of physical pain (described as "harming others" in one condition and "not helping others" in the other condition), then they had a chance to punish that perpetrator at their own cost. Our results showed that the participants were more willing to execute third-party punishment under the harm frame compared to the help frame, manifesting a framing effect. Self-reported anger toward perpetrators mediated the relationship between empathy toward victims and the framing effect. Meanwhile, activation of the insula mediated the relationship between mid-cingulate cortex activation and the framing effect; the functional connectivity between these regions significantly predicted the size of the framing effect. These findings shed light on the psychological and neural mechanisms of the third-party framing effect.
Empathy
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Female
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Gyrus Cinguli
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Humans
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Neuroimaging
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Pain
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Punishment/psychology*
4.The Ethical and Legal Considerations on Preimplantation Genetic Diagnosis and Prenatal Diagnosis.
Korean Journal of Obstetrics and Gynecology 2006;49(12):2497-2505
OBJECTIVE: After 'Bioethics & biosafety act' has been enacted since 2005, Preimplantation genetic diagnosis (PGD) for embryo and Prenatal diagnosis (PD) for fetus are regulated by this law. This article will discuss the problem and revision of that law. METHODS: From the medical point of view, we consider the developmental stages of human embryo, genetic disease and PGD. According to the documentary records, we discuss the PGD allowance of European countries and USA and requisites for that allowance. We also discuss the PD in association with the 'Motherhood act' and a related judicial decision. RESULTS: On PGD, the attitude of quality of European countries is in the nature of variable spectrum and USA doesn't have explicit federal regulations. PGD permission is based on the individual institution and the genetic disease. The genetic conditions for legitimate abortion of 'Motherhood act are not included in Bioethics & biosafety act'. So The purpose and criteria of PD is now in a state of confusion. CONCLUSION: PGD should be regulated within the title of embryo in 'Bioethics & biosafety act' not within the title of genetic test. Each PGD should be permitted individually on the basis of each institution and genetic disease and then the criteria could be more broadened. The provision for PD should include the legitimate abortion conditions of 'Motherhood act'. To diagnose the sex linked genetic disease, the punishment for sex detection should be excepted to the 'Medicine act'.
Bioethics
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Embryonic Structures
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Fetus
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Humans
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Jurisprudence
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Preimplantation Diagnosis*
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Prenatal Diagnosis*
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Prostaglandins D
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Punishment
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Social Control, Formal
5.Influences of Christian Belief on the Treatment of Schizophrenic Outpatients.
Young Min CHOI ; Jung Ho LEE ; Gi Chul LEE ; Sung Ill CHUN
Journal of Korean Neuropsychiatric Association 1998;37(6):1023-1033
OBJECTIVES: Many psychiatrists ignore the behavioral and attitudinal aspects of religious beliefs of patients with schizophrenia. Therefore, how the Christian belief affects the treatment of schizophrenia was investigated. METHODS: The subjects of the study were 13 schizophrenic outpatients with protestant belief having partial or full insight. GAF score of each of the patients was above 41. RESULTS: A. Positive effects; 1) Taking the patient's belief seriously without prejudice was helpful to therapeutic relation. 2) Faith fulfilled it's function of silencing the anxiety of the patients. 3) The factors which make schizophrenic patients develop self-identity and self-concept in their religious lives were as follows; social identity as a Christian, religious identity as a child of God, experiences of safe dyadic relationship with God, feelings of being always accepted by God, and experiences of being accepted safely by the church. 4) Faith experiences and spiritual enlightenment itself had a therapeutic impact on the patients as a guiding principle of their lives and blueprints for their actions. 5) Experiences of a safe dyadic relationship with God, feelings of being accepted by God, faith experiences, and spiritual enlightenment provided peculiar religious experiences which can not be found in everyday life. And these peculiar religious experiences seemed to have healing power. B. Negative effects; 1) The clergymen and the members of the church put the patients and their families into the confusion by compelling or recommending religious treatment methods like prayer retreats. 2) They interfered with patients getting insights by interpreting their symptoms religiously. 3) There was a risk of cognitive defect of grasping faith literally. 4) There was a tendency to direct punishment and blame inwards, on to the self with guilty feelings. CONCLUSIONS: Christian belief exerted many influences both good and bad, on the treatment of the schizophrenic outpatients. We suggest that psychiatrists should consider the influence of the patient's faith upon the treatment.
Anxiety
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Child
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Hand Strength
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Humans
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Outpatients*
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Prejudice
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Protestantism
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Psychiatry
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Punishment
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Religion
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Schizophrenia
;
Social Identification
6.Advanced Korean Industrial Safety and Health Policy with Risk Assessment.
Hyuckmyun KWON ; Jae Hyun CHO ; Il MOON ; Jaewook CHOI ; Dooyong PARK ; Youngsoon LEE
Safety and Health at Work 2010;1(1):29-36
This article describes a systematic roadmap master plan for advanced industrial safety and health policy in Korea, with an emphasis on. Since Korean industries had first emergence of industrial safety and health policy in 1953, enormous efforts have been made on upgrading the relevant laws in order to reflect real situation of industrial work environment in accordance with rapid changes of Korean and global business over three decades. Nevertheless, current policy has major defects; too much techniques-based articles, diverged contents in less organization, combined enforcement and punishments and finally enforcing regulations full of commands and control. These deficiencies have make it difficult to accommodate changes of social, industrial and employment environment in customized fashion. The approach to the solution must be generic at the level of paradigm-shift rather than local modifications and enhancement. The basic idea is to establish a new system integrated with a risk assessment scheme, which encourages employers to apply to their work environment under comprehensive responsibility. The risk assessment scheme is designed to enable to inspect employers' compliances afterwards. A project comprises four yearly phases based on applying zones; initially designating and operating a specified risk zone, gradually expanding the special zones during a period of 3 years (2010-2012) and the final zone expanded to entire nation. In each phase, the intermediate version of the system is updated through a process of precise and unbiased validation in terms of its operability, feasibility and sustainability with building relevant infrastructures as needed.
Commerce
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Employment
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Health Policy
;
Jurisprudence
;
Korea
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Punishment
;
Risk Assessment
;
Social Control, Formal
7.Advanced Korean Industrial Safety and Health Policy with Risk Assessment.
Hyuckmyun KWON ; Jae Hyun CHO ; Il MOON ; Jaewook CHOI ; Dooyong PARK ; Youngsoon LEE
Safety and Health at Work 2010;1(1):29-36
This article describes a systematic roadmap master plan for advanced industrial safety and health policy in Korea, with an emphasis on. Since Korean industries had first emergence of industrial safety and health policy in 1953, enormous efforts have been made on upgrading the relevant laws in order to reflect real situation of industrial work environment in accordance with rapid changes of Korean and global business over three decades. Nevertheless, current policy has major defects; too much techniques-based articles, diverged contents in less organization, combined enforcement and punishments and finally enforcing regulations full of commands and control. These deficiencies have make it difficult to accommodate changes of social, industrial and employment environment in customized fashion. The approach to the solution must be generic at the level of paradigm-shift rather than local modifications and enhancement. The basic idea is to establish a new system integrated with a risk assessment scheme, which encourages employers to apply to their work environment under comprehensive responsibility. The risk assessment scheme is designed to enable to inspect employers' compliances afterwards. A project comprises four yearly phases based on applying zones; initially designating and operating a specified risk zone, gradually expanding the special zones during a period of 3 years (2010-2012) and the final zone expanded to entire nation. In each phase, the intermediate version of the system is updated through a process of precise and unbiased validation in terms of its operability, feasibility and sustainability with building relevant infrastructures as needed.
Commerce
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Employment
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Health Policy
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Jurisprudence
;
Korea
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Punishment
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Risk Assessment
;
Social Control, Formal
8.Influence of Parenting Self-efficacy and Belief in Corporal Punishment on Physical Abuse of Children in Korea.
Kyung Ja HONG ; Hye Young AHN ; Hae Won KIM
Korean Journal of Child Health Nursing 2004;10(4):479-487
PURPOSE: This survey was done to describe parenting self-efficacy and beliefs in corporal punishment as they are related to child abuse. Also demographic variables that influence child abuse were investigated. METHOD: A cross-sectional study was conducted during the second week of April 2002. The 160 participants were parents of students in five elementary schools in the J area of Korea. They replied to a structured questionnaire, and 129 replies were included in the final analysis. The WIN SPSS program was used for the analysis. RESULT: Parenting self-efficacy, beliefs in corporal punishment and child abuse showed no significant differences according to gender of the children. Child abuse by parents has significantly negative correlation with parenting self-efficacy (r=-.369, p=.000), socioeconomic states of family(r=-.290, p=.001), educational level of mother(r=-.211, p=.027), educational level of father(r=-.342, p=.000), parent's age(r=-.200, p=.028). Stepwise multiple regression showed that parenting self-efficacy and beliefs in corporal punishment significantly influence child abuse in Korean parents. CONCLUSION: As parenting self-efficacy explained 49.7% of child abuse, it is the most important variable for preventing child abuse. Belief in corporal punishment was the second most important variable in preventing child abuse. These two variables explained 53.3% of variance in child abuse by parents.
Child Abuse
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Child*
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Cross-Sectional Studies
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Humans
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Korea*
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Parenting*
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Parents*
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Punishment*
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Child Health
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Surveys and Questionnaires
9.The Issues on Dual Punishment of Medical Institution and Proffesional.
Journal of the Korean Medical Association 2006;49(9):758-760
Physicians are under an excessive control of relevant laws because they have sublime social responsibilities to take care of the health and life of patients. Physicians managing medical institutions are taking pains to abide by various regulations under the medical services law, national health insurance law, medical treatment benefit law, industrial disaster indemnity insurance law, and automobile damage indemnity coverage law. It seems irrational that dual punishment is applied by one article and physicians are revealed in uncertain environment that can be degraded to offender without mistake or evil. For this reason, the regulations need to be reformed. To reform the regulations, firstly, the concept of fraud and surcharge should be established, secondly, unification of the punishment regulation system is necessary to avoid irrational dual punishment, and most importantly, the medical professionals' voluntary observance of the regulations is needed.
Automobiles
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Criminals
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Disasters
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Fraud
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Humans
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Insurance
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Jurisprudence
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National Health Programs
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Punishment*
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Social Control, Formal
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Social Responsibility
10.A Medicolegal Consideration on Discharge Against Mecical Advice in Korea.
Jang Han KIM ; Yoon Seong LEE ; Jung Bin LEE
Korean Journal of Legal Medicine 1998;22(1):55-62
All along the medical procedures, the patient's right of self determination may conflict with the medical doctor's professional decisions. The discharge against medical advice (DAMA) is a kind of conflict which becomes a hot issue recently. We tried to summarize various epidemiologic studies to know how many DAMAs have been. And we consider the limits on DAMA. Patient's right to self-DAMA is to be esteemed within a limit of other interests, especially a life self-DAMA is to be esteemed within a limit of other interests, especially a life of fetus in pregnancy woman as the proxy-DAMA is to a life of patient. Through the balance of these interests, the legitimation of DAMA can be established. When patient or proxy violates the principles in DAMA, the method of punishment on doctor in question. Lastly, we inquire into the types of punishment on doctor, intentional type of crime, negligence type of crime, or not guilty. We concludes with the preference on the negligence type of crime.
Crime
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Epidemiologic Studies
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Female
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Fetus
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Humans
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Korea*
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Malpractice
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Patient Rights
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Personal Autonomy
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Pregnancy
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Proxy
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Punishment