• Title/Summary/Keyword: 개정사례

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Basic Study on Historical Repair Techniques for Landscape Architectural Facilities - Focusing on Government-managed Spaces in Joseon Dynasty - (전통조경 시설물의 역사적 수리기법에 관한 기초연구 - 조선시대 관영공간을 중심으로 -)

  • Kim, Min-Seon;Oh, Jun-Young
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.41 no.4
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    • pp.8-20
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    • 2023
  • Although the landscape architectural facilities need to be repaired according to historical and authentic techniques, the repair criteria of the standard specification for repairing cultural heritages still remain at a theoretical level, and there are little research analyzing detailed techniques from specific cases. This study discussed the repair techniques based on historical facts, around terraced flower beds, ponds, waterways and pavement in the government-managed spaces in the Joseon Dynasty. It analyzed the materials and finish of stone wall elements, the structural reinforcement and backfill materials, and topsoil surface protection measures, and drew out stones for foundation reinforcement, plastering material for agglutination, and stone processing techniques for the terraced flower beds. It examined the materials and structures of the rock revetment, foundation reinforcement and waterproofing techniques and drew out the outstanding characteristics of the foundation work, the recycle of used elements and the management of water quality, for the ponds. It primarily investigated the materials, foundation reinforcement and waterproofing techniques and discovered the repair techniques such as cover stone finishing methods, foundation and backfill materials, and flow reduction methods, for the waterways. Finally, it provided actual cases of the foundation composition, auxiliary materials and tools, and the use of cyperaceae and highlighted the existence of professional craftsmen called Bangjeonjang(方磚匠), for the pavement. This study is expected to be a staring point for discovering the repair techniques for landscape architectural facilities and used as basic data for revising specifications in the future.

Fusion of the Guardianship System and Mental Health Law Based on Mental Capacity - Focusing on the Enactment and the Application of the Mental Capacity Act (Northern Ireland) 2016 - (의사능력에 기반한 후견제도와 정신건강복지법의 융합 - 북아일랜드 정신능력법[Mental Capacity Act (Northern Ireland) 2016]의 제정 과정과 그 의의를 중심으로 -)

  • Kihoon You
    • The Korean Society of Law and Medicine
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    • v.24 no.3
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    • pp.155-206
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    • 2023
  • When a person with diminished mental capacity refuses necessary medical care, normative judgments about when paternalistic intervention can be justified come into question. A typical example is involuntary hospitalization for people with mental disabilities, traditionally governed by mental health law. However, Korean civil law reform in 2011 introduced a new form of involuntary hospitalization through guardianship legislation, leading to a dualized system to involuntary hospitalization. Consequently, a conflict has arisen between the 'best interest and surrogate decision-making' paradigm of civil law and the 'social defense and preventive detention' paradigm of mental health law. Many countries have criticized this dualized system as not only inefficient but also unfair. Moreover, the requirement for the presence of 'mental illness' for involuntary hospitalization under mental health law has faced criticism for unfairly discriminating against people with mental disabilities. In response, attempts have been made to integrate guardianship legislation and mental health law based on mental capacity. This study examines the legislative process and framework of the Mental Capacity Act (Northern Ireland) 2016, which reorganized the mental health care system by fusing guardianship legislation with mental health law based on mental capacity. By analyzing the case of Northern Ireland, which has grappled with conflicts between guardianship legislation and mental health law since the 1990s and recently proposed mental capacity as a single, non-discriminatory standard, we aimed to offer insights for the Korean guardianship and mental health systems.

A Study on the Present Condition and Improvement of Cultural Heritage Management in Seoul - Based on the Results of Regular Surveys (2016~2018) - (서울특별시 지정문화재 관리 현황 진단 및 개선방안 연구 - 정기조사(2016~2018) 결과를 중심으로 -)

  • Cho, Hong-seok;Suh, Hyun-jung;Kim, Ye-rin;Kim, Dong-cheon
    • Korean Journal of Heritage: History & Science
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    • v.52 no.2
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    • pp.80-105
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    • 2019
  • With the increasing complexity and irregularity of disaster types, the need for cultural asset preservation and management from a proactive perspective has increased as a number of cultural properties have been destroyed and damaged by various natural and humanistic factors. In consideration of these circumstances, the Cultural Heritage Administration enacted an Act in December 2005 to enforce the regular commission of surveys for the systematic preservation and management of cultural assets, and through a recent revision of this Act, the investigation cycle has been reduced from five to three years, and the object of regular inspections has been expanded to cover registered cultural properties. According to the ordinance, a periodic survey of city- or province-designated heritage is to be carried out mainly by metropolitan and provincial governments. The Seoul Metropolitan Government prepared a legal basis for commissioning regular surveys under the Seoul Special City Cultural Properties Protection Ordinance 2008 and, in recognition of the importance of preventive management due to the large number of cultural assets located in the city center and the high demand for visits, conducted regular surveys of the entire city-designated cultural assets from 2016 to 2018. Upon the first survey being completed, it was considered necessary to review the policy effectiveness of the system and to conduct a comprehensive review of the results of the regular surveys that had been carried out to enhance the management of cultural assets. Therefore, the present study examined the comprehensive management status of the cultural assets designated by the Seoul Metropolitan Government for three years (2016-2018), assessing the performance and identifying limitations. Additionally, ways to improve it were sought, and a DB establishment plan for the establishment of an integrated management system under the auspices of the Seoul Metropolitan Government was proposed. Specifically, survey forms were administered under the Guidelines for the Operation of Periodic Surveys of National Designated Cultural Assets; however, the types of survey forms were reclassified and further subdivided in consideration of the characteristics of the designated cultural assets, and manuals were developed for consistent and specific information technologies in respect of the scope and manner of the survey. Based on this analysis, it was confirmed that 401 cases (77.0%) out of 521 cases were generally well preserved; however, 102 cases (19.6%) were found to require special measures such as attention, precision diagnosis, and repair. Meanwhile, there were 18 cases (3.4%) of unsurveyed cultural assets. These were inaccessible to the investigation at this time due to reasons such as unknown location or closure to the public. Regarding the specific types of cultural assets, among a total of 171 cultural real estate properties, 63 cases (36.8%) of structural damage were caused by the failure and elimination of members, and 73 cases (42.7%) of surface area damage were the result of biological damage. Almost all plants and geological earth and scenic spots were well preserved. In the case of movable cultural assets, 25 cases (7.1%) among 350 cases were found to have changed location, and structural damage and surface area damage was found according to specific material properties, excluding ceramics. In particular, papers, textiles, and leather goods, with material properties that are vulnerable to damage, were found to have greater damage than those of other materials because they were owned and managed by individuals and temples. Thus, it has been confirmed that more proactive management is needed. Accordingly, an action plan for the comprehensive preservation and management status check shall be developed according to management status and urgency, and the project promotion plan and the focus management target should be selected and managed first. In particular, concerning movable cultural assets, there have been some cases in which new locations have gone unreported after changes in ownership (management); therefore, a new system is required to strengthen the obligation to report changes in ownership (management) or location. Based on the current status diagnosis and improvement measures, it is expected that the foundation of a proactive and efficient cultural asset management system can be realized through the establishment of an effective mid- to long-term database of the integrated management system pursued by the Seoul Metropolitan Government.

Developing the Process and Characteristics of Preservation of Area-Based Heritage Sites in Japan (일본 면형 유산 보존제도의 확산과정과 특성)

  • Sung, Wonseok;Kang, Dongjin
    • Korean Journal of Heritage: History & Science
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    • v.53 no.4
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    • pp.32-59
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    • 2020
  • South Korea's area-based heritage preservation system originates from the "Preservation of Traditional Buildings Act" enacted in 1984. However, this system was abolished in 1996. As there was a need for protection of ancient cities in the 1960s, Japan enacted the Historic City Preservation Act in 1966, and 'Preservation Areas for Historic Landscapes' and 'Special Preservation Districts for Historic Landscapes' were introduced. For the preservation of area-based heritage sites, the 'Important Preservation Districts for Groups of Traditional Buildings' system introduced as part of the revision of the Cultural Heritage Protection Act in 1975 was the beginning. Then, in the early-2000s, discussions on the preservation of area-based heritage sites began in earnest, and the 'Important Cultural Landscape' system was introduced for protection of the space and context between heritage sites. Also, '33 Groups of Modernization Industry Heritage Sites' were designated in 2007, covering various material and immaterial resources related to the modernization of Japan, and '100 Beautiful Historic Landscapes of Japan' were selected for protection of local landscapes with historic value in the same year. In 2015, the "Japanese Heritage" system was established for the integrated preservation and management of tangible and intangible heritage aspects located in specific areas; in 2016, the "Japanese Agricultural Heritage" system was established for the succession and fostering of the disappearing agriculture and fishery industries; and in 2017, "the 20th Century Heritage," was established, representing evidence of modern and contemporary Japanese technologies in the 20th century. As a result, presently (in September 2020), 30 'Historic Landscape Preservation Areas', 60 'Historic Landscape Special Districts,' 120 'Important Preservation Districts for Groups of Traditional Buildings," 65 'Important Cultural Landscapes,' 66 'Groups of Modernization Industry Heritage Sites,' 264 "100 Beautiful Historic Landscapes of Japan,' 104 'Japanese Heritage Sites,' and 15 'Japanese Agricultural Heritage Sites' have been designated. According to this perception of situations, the research process for this study with its basic purpose of extracting the general characteristics of Japan's area-based heritage preservation system, has sequentially spread since 1976 as follows. First, this study investigates Japan's area-based heritage site preservation system and sets the scope of research through discussions of literature and preceding studies. Second, this study investigates the process of the spread of the area-based heritage site preservation system and analyzes the relationship between the systems according to their development, in order to draw upon their characteristics. Third, to concretize content related to relationships and characteristics, this study involves in-depth analysis of three representative examples and sums them up to identify the characteristics of Japan's area-based heritage system. A noticeable characteristic of Japan's area-based heritage site preservation system drawn from this is that new heritage sites are born each year. Consequently, an overlapping phenomenon takes place between heritage sites, and such phenomena occur alongside revitalization of related industries, traditional industry, and cultural tourism and the improvement of localities as well as the preservation of area-based heritage. These characteristics can be applied as suggestions for the revitalization of the 'modern historical and cultural space' system implemented by South Korea.

The Method of Selecting Landscape Control Points for Landscape Impact Review of Development Projects (개발사업의 경관영향 검토를 위한 주요 조망점 선정 방법에 관한 연구)

  • Shin, Ji-Hoon;Shin, Min-Ji;Choi, Won-Bin
    • Journal of the Korean Institute of Landscape Architecture
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    • v.46 no.1
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    • pp.143-155
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    • 2018
  • The Natural Landscape Rating System was introduced in the amendment of the NATURAL ENVIRONMENT CONSERVATION ACT in 2006. For landscape preservation, the system aims to consider the effects of development projects or plans implemented in a natural landscape on skylines, scenic resources, and view corridors. Currently, a lack of consistency in standards for determining Landscape Control Points (LCP) to assess landscape impact lowers the accuracy and reliability of the assessment results. As the perception of and the impact on a landscape varies, depending on the location of the LCP, it is necessary to establish a reasonable set of criteria to select viewpoints and avoid unreliability in the assessment due to unclear criteria. The intent of this study is to propose an objective and reasonable set of criteria for LCP selection to effectively measure the impact on the landscape from development projects that anticipate a change in the landscape and, ultimately, to suggest basic analysis methods to assess the landscape impact of development projects and to monitor the landscape in the future. Among the development projects affecting natural landscapes, as reported in the statement of the environmental impact assessment, cases of construction of a single building or other small-scale development projects were studied. Four spot development projects were analyzed in depth for their landscape impacts, in order to make recommendations for the LCP selection procedure, which aims to widen the scope of selection according to the direction of viewpoints from the target site. The existing results of analysis based on LCP have limitations because they failed to cover the viewshed of the target buildings when there are topographical changes in the surroundings. As a solution to this problem, a new viewshed analysis method has been proposed, with a focus on the development site and target buildings, rather than viewpoints, as used in past analysis.

Strengthening International Collaboration for Counter-Piracy Efforts - Focusing on Counter-Piracy Operations Off the Coast of Somalia - (해적퇴치를 위한 국제공조 확대 방안 - 소말리아 해적퇴치 방안을 중심으로 -)

  • Kim, Duk-Ki
    • Strategy21
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    • s.31
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    • pp.251-293
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    • 2013
  • 해적은 공해상 해상안전을 위협 한다는 점에서 '인류공동의 적'으로 규정되어 모든 국가가 이를 규제할 수 있는 보편적 관할권이 행사되는 범죄이다. 한국을 포함한 아시아 지역 국가들은 말라카해협 통항에 관해 깊은 이해관계를 갖고 있어 해적 소탕에 대한 의지가 강한 편이다. 이러한 의지는 2006년 '아시아해적퇴치정보공유센터(ReCAAP ISO)'의 창설에 밑거름이 되었으며, 아시아 지역에서 해적이 출현하면 동 센터를 통해 17개국 회원국으로 즉시 통보되고, 주변국의 해경과 해군이 유기적인 작전을 통해 해적을 효율적으로 퇴치하고 있는 모범사례다. 그러나 2009년 소말리아 내란에 따른 무정부 상태가 지속되면서 소말리아 및 아덴만에서의 해적활동이 극성을 부리기 시작했으며, 선박납치 행위가 급증하자 세계 각국에서 함정과 항공기를 파견하여 해적퇴치 활동을 전개하고 있으나 근절되지 않을 뿐만 아니라 해적의 활동해역이 확대되고 있다. 이러한 배경 하에 시작된 본 연구는 연구결과를 중심으로 다음과 같은 대응 방안을 제시한다. 첫째, 소말리아 해적의 근본원인은 국가의 붕괴에서 비롯된 치안부재와 열악한 경제사정 등 내부적인 요인이 크기 때문에 다국적 해군 활동으로 인한 근본적인 해적퇴치에는 한계가 있다. 따라서 국제적인 차원에서 '지역협력협정'체결은 물론, 소말리아 국가재건을 위한 노력이 함께 이루어지는 종합적인 대책이 필요하다. 그러나 보다 더 근본적인 해결책은 유엔차원에서 빠른 시간 내에 소말리아가 정치적 안정을 유지할 수 있도록 정치적 차원에서의 지원이 필요하며, 해적과 테러리스트가 연계됨으로써 국제문제로 확대되지 않도록 하는 노력도 병행되어야 한다. 둘째, 해적문제는 특정국가에만 해당되는 것이 아니라 초국가적인 문제임을 감안하여 유엔안전보장이사회 결의 제1851호에서 '지역 센터' 설립을 권고하고 있는 것처럼 2006년 아시아 국가들이 설치한 ReCAAP ISO와 같은 형태의 지역국가 간 협력기구 또는 유엔 차원의 해적 전담기구를 설치하여 국제사회 공조 하에 해적에 대처하는 방안을 추진하는 것이 필요하다. 셋째, 최근 발생하고 있는 해적행위는 주로 항구 등 내수, 영해 등 연안국의 관할권이 행사되는 지역에서 발생하고 있어 유엔해양법상의 규정은 이러한 '해적' 퇴치에 더 이상 효율적이지 못하다. 국제사회는 이러한 문제점을 인식하여 국제해사기구 (IMO) 등 국제기구를 통해 영해내의 해적 처벌을 위해 최선의 노력을 기울이고 있다. 향후 궁극적으로는 유엔해양법협약의 개정을 통해 법적인 문제점이 개선되어야 한다. 넷째, 전술적인 측면에서도 지상에 기지를 두고 있는 해적들의 지도부가 그 동안 쌓아 놓은 네트워크를 이용하여 다국적 해군에 대한 정보를 수집하고 대응방안을 강구함으로써 나름대로의 생존전략을 구사할 것으로 예상된다. 특히, 선박을 납치한 후 소말리아 연안으로 이동하면서 해군함정과 대치하는 과정에서 해적들이 살상을 당하는 사례가 증가함에 따라 지금까지는 피랍된 선박의 선원을 단순히 해적활동에 참여시키거나, 항해지원을 위한 목적 등으로만 활용했는데, 앞으로는 해적들의 인명피해를 최소화하기 위해서라도 선원들을 방패막이로 활용할 가능성이 더욱 높아질 것으로 예상된다. 따라서 참가하는 해군함정 또는 부대간 해적들의 활동 관련 정보를 공유하는 등 사전에 정보를 획득하기 위한 협력을 강화해야 한다. 다섯째, 한국군함이 삼호주얼리호를 납치했던 소말리아 해적을 한국까지 대리고 와서 처벌하는 것은 불합리하고, 많은 문제점을 야기할 수 있기 때문에 향후 해적처벌을 위한 국제사법기구의 설치가 요구된다. 회원국 분담금으로 운영되는 유엔에 산하기관을 설치하여 소말리아 인접국에서 해결하도록 적극적인 노력을 경주할 필요가 있다. 마지막으로, 선박회사에서도 자국 선박이 위험구역으로 지정된 해역을 항해할 경우를 대비해서 선박자동식별 시스템 구축을 확대하고, 해적이 선박에 승선했을 경우를 대비해서 안전구역(citadel)을 설치하여 선원의 안전을 확보하는 등의 대책이 필요하다. 본 연구를 통해 해양안보는 어느 특정국가에게만 주어진 것이 아니며, 해적행위도 특정 국가의 선박을 대상으로 하는 것이 아니므로 각국 정부간 공동의 협력과 국제사회의 공조가 반드시 실현될 때 해적의 위협으로부터 선박의 안전과 국제사회의 평화가 실현될 수 있다는 것을 강조하고자 한다.

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A Study on Regulation of Video on Demand Advertisements (주문형서비스(Video on Demand) 광고 규제에 관한 연구)

  • Cho, Dae-keun;Kim, Ki-youn
    • Journal of Internet Computing and Services
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    • v.17 no.4
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    • pp.145-159
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    • 2016
  • This study points out the problems of absence of the legislation for standard regulation on Video on Demand(VoD) advertisement which grows so fast lately, for this it recommends making legal references, which have the definition of non-linear broadcasting & VoD advertisement and VoD advertisement standard regulation in the merged Broadcasting Act, and adopting co-regulation system. Pay TV operators providing VoD service have the opportunities to make money as subscribers uses it increasingly. In case of linear service, the Broadcasting Act regulates the advertisement strictly, but not the VoD ads. The reason why is that Korean legislation including the Broadcasting Act does not have legal reference to regulate it, instead of that, it rely on the self-regulation system which is operated by pay-tv players who provide the VoD ads. So, there is the limitation to protect the minors such as children and youth from the harmful VoD ads, to be invulnerable for advertisers to influence to advertising agents, and to ensure the regulatory effectiveness under player-centric self-regulatory regime. In this context, this study analyses the how to regulate VoD ads standard with a three-pronged approach. First, it analyses the VoD ads regulation system in overseas countries, UK, Canada, EU and Ireland. Each country has the legal reference to regulate it in the Broadcasting Act or lower statures and adopts the co-regulatory regime the NRA and the 3rd entity operate together. Second, it reviews the objectives and scope of VoD ads standard. This study recommends that the objective of it is users protection and the scope of it is standard regulation not commercial practice. Third, this study researches how to legislate for regulation of VoD ads standard. Considering VoD service's characteristics(non-linear service) and legal position of Ads agency(i.e. pay tv operators), it suggest that legal reference will be in the integrated Broadcasting bill, which is the general law, not individual. If it is available to regulate VoD ads standard with co-regulatory regime, it expects the enhancement of user protection from the harmful VoD ads and make up sustainability of the pay-tv players' self-regulation.

A Study on Effect of B/L's Exemption Clauses Relating to the Governing Law of English Law (영국법의 준거법과 관련한 선하증권 면책약관의 효력에 관한 연구)

  • Han, Nak-Hyun;Jung, Jun-Sik
    • Journal of Korea Port Economic Association
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    • v.22 no.4
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    • pp.1-17
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    • 2006
  • In the Bill of Lading of The Irbenskiy Proliv is not subject to the Hague-Visby Rules in accordance with paragraphs (A) and/or (E) of cl.1 or to the Hague Rules in accordance with paragraphs (B) and/or (D) of cl.1. The Irbenskiy Proliv is very rare case that is effective to exempt the carrier as literal words of Bill of Lading. The action concerns cargoes of perishable goods shipped from Brazil to Japan, under Bills of Lading each of which contained an extensive carrier's exemption clause. A preliminary issue was ordered to be determined on the question whether c1.4 is effective to exempt the ralliers from any potential liability for the claims in this case. The court held that there is no reason to reject c1.4 as part of each of the contracts contained in or evidenced by the bills of lading; and it protects the carrier where damage to the goods shipped results from such causes. It is therefore effective to exempt the carriers from any potential liability for those claims.

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Research Trends in Clothing and Textiles Education (의생활교육 연구 동향)

  • Moon, Hee-Kang;Lee, Yhe-Young
    • Journal of Korean Home Economics Education Association
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    • v.21 no.2
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    • pp.109-125
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    • 2009
  • The purpose of this study was to analyze research trends in clothing and textiles education focused on primary and secondary school education. Among the reviewed articles published between 1989 and 2008 in four journals including The Journal of Korean Home Economics Education, The Journal of Korean Association of Practical Arts Education, Journal of the Society of Clothing and Textiles, and Journal of the Korean Home Economics Association, 175 articles were related to clothing and textiles education. The most popular research field was teaching contents followed by teaching-learning method and teaching material, while clothing selection and self-expression, the general focus on home economics education and making clothing and household utensils were the popular research topics. In terms of research methods, about three quarters of articles used survey methods followed by experiment method and documentary studies. The rapid increase in research on clothing selection and self-expression and the decrease in articles on making clothing and household utensils seem to have had an influence on the government revision of The $7^{th}$ Curriculum.

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Analysis of Actual Conditions of Unnatural Death Cases and Questionnaire for Initial Crime Scene Investigation of Police (변사체 발생실태 및 경찰의 현장 초동조치에 관한 설문 분석 - 경북지역을 중심으로 -)

  • Cho, Doo-Won;Chae, Jong-Min
    • Journal of forensic and investigative science
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    • v.1 no.1
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    • pp.11-30
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    • 2006
  • The preliminary investigative activities by the police officer play a critical role in identifying the cause of death in unnatural death investigations. The failure to secure the crime scene leads to the destruction of significant evidence, which results in the difficulty or impossibility to identify the cause of death. In order to prevent this jeopardizing crucial evidence, and to identify the level of preliminary investigation on the scene, this research is conducted and analyzed with questionnaires of 300 police first responders and 100 detectives. As a result, it was disclosed that there is a possibility for first responders to fail to ensure scene security, scene observation, and canvass interviews. Besides, when medical personnel have no choice but to contaminate the crime scene in order to save lives, it is necessary for them to take photos and to take proper actions before they enter the scene. The importance of scene-control education cannot be emphasized enough in order to prevent media from entering and destroying the evidence. Through research of actual conditions of unnatural death cases which occurred in Kyongbook Province for last five years, the statistics regarding a few different types of death were analyzed as follows. Evidence that homicide, suicide, accidental death, and disaster deaths have increased year by year. Therefore, it is deemed necessary for the government to take multilateral policies to reduce them, and for police to reinforce their investigative skills. Further, the insufficient number of autopsy facilities and forensic pathologists, only 13% of the deceased (1,237 cases) have had an autopsy conducted to identify the cause of death for last five years. The other, 87.3% (8,496 cases) of the deceased, were handled through simple postmortem examination. The significance of this percentage is that there is still the possibility not revealing the cause of unjust deaths. Therefore, it is necessary to furnish police agency with the reasonable amount of funding for autopsies and maintaining enough forensic pathologists.

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