• Title/Summary/Keyword: 수사의견서

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Expert Testimony in Litigation of Sexual Violence against People With intellectual disabilities (지적장애인 성폭력 사건 재판에서 전문가 참여제도 활용 실태)

  • Yi, Mi Sun
    • Korean Journal of Forensic Psychology
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    • v.12 no.1
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    • pp.1-13
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    • 2021
  • This study analyzed the use of expert reports in the investigations and trials of cases of sexual violence against people with intellectual disabilities. A total of 670 alleged sexual assault cases against victims with intellectual disabilities were analyzed. Results showed that 97.5% of the cases included at least one expert report. In most cases(91%), the expert reports of statement validity assessment were included. Additionally, doctor's note (41.1%) from obstetricians and Psychiatrists, intermediary reports(36%), and expert witnesses(psychologists') reports (9.5%) were included. In 80 cases (44.4%) of the 180 cases in which a victim' statement credibility was in question during the trial, judges cited the expert's reports of statement validity assessment as the basis for the judgment on the reliability of the victims' accusation. The frequency of citing the report was higher when the victim was under the age of 13, or when the defendant was found guilty. Regrading the report content, the evaluations of criteria-based content analysis(CBCA) was most frequently cited, while the victim's psychological status, cognitive limitation, as well as possibile contamination of victim's account, were also mentioned in the ruling statements. Results showed agreement between experts' statement validity assessments and judges' determinations in 79 cases out of the 80 cases Finally, this study discussed ways to utilize expert options.

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Criminal Investigators' Recognition of Judicial Autopsy and It's Implications - With the Case of P Police Station - (사법부검에 대한 수사경찰의 인식분석 및 함의 - P 경찰서의 사례를 중심으로 -)

  • Park, Dong-Kyun;Choi, Mu-Chan
    • The Journal of the Korea Contents Association
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    • v.8 no.12
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    • pp.256-263
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    • 2008
  • Based on the analysis of criminal investigators' recognition of judicial autopsy, this study presented policy alternatives as follows. First, a procedure is needed that optometrists and investigators jointly make previous explanations to bereaved families the status of investigation and the results of examination to their satisfaction and collect their opinions, for the purpose of obtaining an agreement to autopsy from them. Second, the dignity of the dead should be kept. To this end, particular consideration should be given to women bodies. Also, we need to minimize the number of autopsy witnesses and obtain agreement from bereaved families when there is an on-the-spot study. Third, we need to establish a guideline that investigators could request a warrant later in certain cases of dead bodies. Also, if a bereaved family positively asks for autopsy, it should be allowed through tentatively named ‘Request for Autopsy.’ Finally, To make a careful decision on whether an autopsy should be made or not, we can form a joint investigation team of public prosecutors and criminal investigators; however, an autopsy should be done only if it is deemed inevitable, considering the bereaved family's opinion.

Comparison of Behavior Patterns between First and Repeated Offenders in Driving While Intoxicated(DWI) (음주운전 초.재범자 특성 비교)

  • Jeong, Cheol-U;Jang, Myeong-Sun
    • Journal of Korean Society of Transportation
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    • v.27 no.3
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    • pp.149-160
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    • 2009
  • The purpose of this study is to comparatively analyse the behavior patterns of the first and the repeated offenders in DWI, and to develope the models of BAC(Blood Alcohol Concentration) by using multiple regression analysis method and a model of repeated DWI conviction by using logistic regression analysis method. The main results are as follows. First, the repeated offenders are more in criminal and traffic accidents records than that of the first offenders. The unlicenced drivers are in higher BAC than licenced drivers. Second, multiple regression model of BAC was developed, and the model revealed that criminal records and driving distance were important factors. Third, a model of repeated DWI conviction was developed, and the model revealed that traffic accidents records, whether or not having licence, and criminal records were most important factors.

English Writing Strategies of Korean Students: Exploring Written Texts and Interviews with the Teacher (한국 학생들의 영작문 전략: 텍스트 분석과 교사와의 인터뷰를 중심으로)

  • Lee, Younghwa;Kim, Seon Jae
    • The Journal of the Korea Contents Association
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    • v.14 no.10
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    • pp.829-839
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    • 2014
  • This study aims at investigating Korean EFL students' writing strategies through their rhetorical patterns and meaning-making for a writing task in an English writing classroom at a Korean university. The participants were the students and teacher in the course, and the data comprised nine pieces of students' opinion writing and interviews with the teacher. To analyze the data, a 'Claim-Support' pattern was adopted. The findings show that most students, 89%, demonstrated the same or similar elements in the 'Claim-Support' pattern for their textual structures and many parts of the meaning-making in their writing were originated from the textbook. These findings reflect that the students pursued the strategy of 'accommodation' in order to succeed in their academic writing regardless of the teacher's intention which focused on creativity and imagination in writing. The conclusion suggest that the students tend to establish their own ways of strategy to cope with the recontextualized setting for writing in English.

Rhetorical Analysis of News Editorials on 'Screen Quota' Arguments: An Application of Toulmin's Argumentation Model (언론의 개방담론 논증구조 분석: 스크린쿼터제 관련 의견보도에 대한 Toulmin의 논증모델과 Stock Issue의 적용)

  • Park, Sung-Hee
    • Korean journal of communication and information
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    • v.36
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    • pp.399-422
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    • 2006
  • Whether to reduce the current 'screen quota' for domestic films in conjunction with the FTA discussions between Korea and the United States is one of the hotly debated issues in Korea. Using Toulmin's Argumentation Model, this study attempts to trace the use of data and warrants for each pro and con claims as portrayed in newspaper editorial columns and to find its rhetorical significance. A total of 67 editorial columns were collected from 9 nationwide news dailies in Korea for the purpose. The rhetorical analysis of those articles showed that the major warrants used in each pro and con opinion were absent of the potential issues of the opponents, which inherently fails to invite rebuttals from the opposite sides. This conceptual wall in each argumentation models implies an inactive conversation and subsequent absence of clash between the pro and con argumentation fields. It is thus suggested for opinion writers to find more adequate evidences to support the data and warrants to hold persuasive power of their respective claims, ultimately to enhance the public discourse among citizens.

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Study on the Improvement of a Special Fire Police Judicial Police System (소방특별사법경찰제도의 문제점에 따른 개선방안 연구)

  • Park, Hyeong-Jin;Kim, Jung-Rae;Kim, Jong-Buk;Cha, jin;Kwon, Hyun-Seok;Lee, Si-Young
    • Fire Science and Engineering
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    • v.32 no.5
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    • pp.77-86
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    • 2018
  • In recent years, the high growth of the Korean society has led to the development of large and small incidents and accidents, while safety regulations, such as the firefighting sector, have been strengthened with the expectation of people desiring safety. This study surveyed the problems and improvement plan of the current operation centered on the fire service public officers in Gyeonggi-do and Gangwon. As a result of the main research, it is necessary to arrange and carry out excellent investigative manpower, such as lawyers and professional career veterans in the fire department, metropolitan city and provincial firefighting headquarters, and frontline fire departments. In particular, it was suggested that a special task force should be established and set up in the above agency, and the planning investigation and enforcement work should be solved through subdivision of the fire special enforcement officer tasks, and the judicial cases that are difficult to be handled by the local fire station. In future research, it will be necessary to study the field of fire - fighting specialists' needs for more specialized education and various disaster field experiences.

A Study on the System of Private Investigation

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.1
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    • pp.167-174
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    • 2022
  • Since the Promotion Committee was established on March 25, 2021, urging the enactment of the Detective Business Act, many opinions and attention from all walks of life have been gathered. The Detective Business system, which is also one of the presidential pledges of the current 19th President Moon Jae In, is expected to be significant in that it can promote the development of a welfare state as well as efficient parts such as meeting the demand for security reinforcement services, improving the judicial system, and enhancing internationalization. In accordance with the consensus of the nine judges of the Constitutional Court that the lower part of Article 40 of the "Act on the Use and Protection of Credit Information" which prohibits the use of similar names such as investigating the general life of certain people does not violate the Constitution, detective work became possible regardless of the general life investigation. In particular, the detective job officially appeared on August 5, 2020, and it will be able to provide effective work services to the public by competing with prosecutors, police, and lawyers who have occupied exclusive positions in the field of a criminal investigations. However, although the role of detectives is gradually expanding and society is rapidly changing, illegal activities are prevalent throughout society, and more than 1,600 companies are currently operating suspiciously using the only name of "detectives", but the police are virtually letting go of the situation saying that they are "unauthorized.", and the damage is only going to the people, so at this point, the most worrisome thing is the absence of the law. Meanwhile, amid concerns over institutions overseeing illegal activities caused by the emergence of the detective industry, private security and detectives are similar to each other as in the United States, and it is expected to be able to gain public trust by entrusting the police in charge of managing and supervising private security companies. Therefore, at this time when most OECD countries except Korea legislate the Detective Business Act, prematurely allowing only the detective industry without enacting industry-related laws and systems can further fuel social confusion and hinder the detective industry along with the new fourth industry.