• 제목/요약/키워드: Accident and incident investigation

검색결과 38건 처리시간 0.029초

자동차교통사고 분쟁의 조정과 중재에 관한 연구 (A Study on the Mediation and Arbitration of Traffic Accident Disputes)

  • 남선모
    • 한국중재학회지:중재연구
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    • 제24권2호
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    • pp.81-107
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    • 2014
  • ADR has recently been expanded, making it possible to solve traffic accident disputes, which is a matter of urgency for parties to avoid. This point serves as an important procedural element. Such disputes are an area that requires a quick resolution. To try to solve any dispute that occurs in the complex environment of modern times one-by-one through litigation does not make sense. It gives an undue burden on the judicial body and the investigation agency. Like litigation, today's arbitration system, should have effective conflict resolution. The arbitration of automobile traffic accident disputes can be seen as roughly adjusted through the insurance company, the Dispute Coordinating Committee, and the Crime Victims Protection Act. It consists of experts mainly, and the resolution of automobile traffic accident disputes can be resolved through the Sajonsa and workers insurance company. However, adjustments to failure incident mostly need attention. Most of a company's compensation insurance indemnity needs to be processed in practice. In addition, a vicious cycle of litigation and delay period is repeated if a lawyer is appointed. There are unreasonable adjustment systems in the midst of these. Avoiding traffic accidents allows parties to resolve disputes better. Arbitration of disputes in automobile traffic accidents handled by arbitration institutions is desirable. It is determined that the handling of a case by a village attorney is efficient.

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Improving Remedial Measures from Incident Investigations: A Study Across Ghanaian Mines

  • Theophilus Joe-Asare;Eric Stemn
    • Safety and Health at Work
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    • 제15권1호
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    • pp.24-32
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    • 2024
  • Background: Learning from incidents for accident prevention is a two-stage process, involving the investigation of past accidents to identify the causal factors, followed by the identification and implementation of remedial measures to address the identified causal factors. The focus of past research has been on the identification of causal factors, with limited focus on the identification and implementation of remedial measures. This research begins to contribute to this gap. The motivation for the research is twofold. First, previous analyses show the recurring nature of accidents within the Ghanaian mining industry, and the causal factors also remain the same. This raises questions on the nature and effectiveness of remedial measures identified to address the causes of past accidents. Secondly, without identifying and implementing remedial measures, the full benefits of accident investigations will not be achieved. Hence, this study aims to assess the nature of remedial measures proposed to address investigation causal factors. Method: The study adopted SMARTER from business studies with the addition of HMW (H - Hierarchical, M - Mapping, and W - Weighting of causal factors) to analyse the recommendations from 500 individual investigation reports across seven different mines in Ghana. Results: The individual and the work environment (79%) were mostly the focused during the search for causes, with limited focus on organisational factors (21%). Forty eight percentage of the recommendations were administrative, focussing on fixing the problem in the immediate affected area or department of the victim(s). Most recommendations (70.4%) were support activities that only enhance the effectiveness of control but do not prevent/mitigate the failure directly. Across all the mines, there was no focus on evaluating the performance of remedial measures after their implementation. Conclusion: Identifying sharp-end causes leads to proposing weak recommendations which fail to address latent organisational conditions. The study proposed a guide for effective planning and implementation of remedial actions.

철도사고 위험분류 및 원인분석에 관한 연구 (A Study on the Analysis and Classification of Types and Causes of Railway Accidents)

  • 박찬우;박주남;왕종배;조연옥
    • 한국철도학회:학술대회논문집
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    • 한국철도학회 2005년도 추계학술대회 논문집
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    • pp.599-604
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    • 2005
  • As a public transportation possible to convey a large quantity, the railway is safe and keeps time, but it has hazards to cause a disaster if the accidents such as collision, derailment, and fire occur. So advanced countries carry out System Safety Plan with various program activities which have connected orders to maintain or improve safety level by finding hazards, evaluation, taking measures and practice, and improving problems. Especially they systematically manage hazards to cause railway accidents and the factors which possibly threat safety, using national classification of risk and causes with analysis of the related data such as establishing accident/incident data and safety regulations/standards. As executing railway safety regulations, domestic railway is currently trying to improve railway safety management system. The research of classification system of accidents/incidents is one thing to make railway safety management systems better. In this research, we reviewed hazardous factors of railway systems and classification of the causes as the beginning of system safety management, and we conducted study on development of railway accident classification based on findings of this research. The results are able to be used in identifying hazards and activities of systemic safety management at the step of railway accident report and investigation.

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항공기(航空機) 사고조사제도(事故調査制度)에 관한 연구(硏究) (A Study on the System of Aircraft Investigation)

  • 김두환
    • 항공우주정책ㆍ법학회지
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    • 제9권
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    • pp.85-143
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    • 1997
  • The main purpose of the investigation of an accident caused by aircraft is to be prevented the sudden and casual accidents caused by wilful misconduct and fault from pilots, air traffic controllers, hijack, trouble of engine and machinery of aircraft, turbulence during the bad weather, collision between birds and aircraft, near miss flight by aircrafts etc. It is not the purpose of this activity to apportion blame or liability for offender of aircraft accidents. Accidents to aircraft, especially those involving the general public and their property, are a matter of great concern to the aviation community. The system of international regulation exists to improve safety and minimize, as far as possible, the risk of accidents but when they do occur there is a web of systems and procedures to investigate and respond to them. I would like to trace the general line of regulation from an international source in the Chicago Convention of 1944. Article 26 of the Convention lays down the basic principle for the investigation of the aircraft accident. Where there has been an accident to an aircraft of a contracting state which occurs in the territory of another contracting state and which involves death or serious injury or indicates serious technical defect in the aircraft or air navigation facilities, the state in which the accident occurs must institute an inquiry into the circumstances of the accident. That inquiry will be in accordance, in so far as its law permits, with the procedure which may be recommended from time to time by the International Civil Aviation Organization ICAO). There are very general provisions but they state two essential principles: first, in certain circumstances there must be an investigation, and second, who is to be responsible for undertaking that investigation. The latter is an important point to establish otherwise there could be at least two states claiming jurisdiction on the inquiry. The Chicago Convention also provides that the state where the aircraft is registered is to be given the opportunity to appoint observers to be present at the inquiry and the state holding the inquiry must communicate the report and findings in the matter to that other state. It is worth noting that the Chicago Convention (Article 25) also makes provision for assisting aircraft in distress. Each contracting state undertakes to provide such measures of assistance to aircraft in distress in its territory as it may find practicable and to permit (subject to control by its own authorities) the owner of the aircraft or authorities of the state in which the aircraft is registered, to provide such measures of assistance as may be necessitated by circumstances. Significantly, the undertaking can only be given by contracting state but the duty to provide assistance is not limited to aircraft registered in another contracting state, but presumably any aircraft in distress in the territory of the contracting state. Finally, the Convention envisages further regulations (normally to be produced under the auspices of ICAO). In this case the Convention provides that each contracting state, when undertaking a search for missing aircraft, will collaborate in co-ordinated measures which may be recommended from time to time pursuant to the Convention. Since 1944 further international regulations relating to safety and investigation of accidents have been made, both pursuant to Chicago Convention and, in particular, through the vehicle of the ICAO which has, for example, set up an accident and reporting system. By requiring the reporting of certain accidents and incidents it is building up an information service for the benefit of member states. However, Chicago Convention provides that each contracting state undertakes collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation. To this end, ICAO is to adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with, among other things, aircraft in distress and investigation of accidents. Standards and Recommended Practices for Aircraft Accident Injuries were first adopted by the ICAO Council on 11 April 1951 pursuant to Article 37 of the Chicago Convention on International Civil Aviation and were designated as Annex 13 to the Convention. The Standards Recommended Practices were based on Recommendations of the Accident Investigation Division at its first Session in February 1946 which were further developed at the Second Session of the Division in February 1947. The 2nd Edition (1966), 3rd Edition, (1973), 4th Edition (1976), 5th Edition (1979), 6th Edition (1981), 7th Edition (1988), 8th Edition (1992) of the Annex 13 (Aircraft Accident and Incident Investigation) of the Chicago Convention was amended eight times by the ICAO Council since 1966. Annex 13 sets out in detail the international standards and recommended practices to be adopted by contracting states in dealing with a serious accident to an aircraft of a contracting state occurring in the territory of another contracting state, known as the state of occurrence. It provides, principally, that the state in which the aircraft is registered is to be given the opportunity to appoint an accredited representative to be present at the inquiry conducted by the state in which the serious aircraft accident occurs. Article 26 of the Chicago Convention does not indicate what the accredited representative is to do but Annex 13 amplifies his rights and duties. In particular, the accredited representative participates in the inquiry by visiting the scene of the accident, examining the wreckage, questioning witnesses, having full access to all relevant evidence, receiving copies of all pertinent documents and making submissions in respect of the various elements of the inquiry. The main shortcomings of the present system for aircraft accident investigation are that some contracting sates are not applying Annex 13 within its express terms, although they are contracting states. Further, and much more important in practice, there are many countries which apply the letter of Annex 13 in such a way as to sterilise its spirit. This appears to be due to a number of causes often found in combination. Firstly, the requirements of the local law and of the local procedures are interpreted and applied so as preclude a more efficient investigation under Annex 13 in favour of a legalistic and sterile interpretation of its terms. Sometimes this results from a distrust of the motives of persons and bodies wishing to participate or from commercial or related to matters of liability and bodies. These may be political, commercial or related to matters of liability and insurance. Secondly, there is said to be a conscious desire to conduct the investigation in some contracting states in such a way as to absolve from any possibility of blame the authorities or nationals, whether manufacturers, operators or air traffic controllers, of the country in which the inquiry is held. The EEC has also had an input into accidents and investigations. In particular, a directive was issued in December 1980 encouraging the uniformity of standards within the EEC by means of joint co-operation of accident investigation. The sharing of and assisting with technical facilities and information was considered an important means of achieving these goals. It has since been proposed that a European accident investigation committee should be set up by the EEC (Council Directive 80/1266 of 1 December 1980). After I would like to introduce the summary of the legislation examples and system for aircraft accidents investigation of the United States, the United Kingdom, Canada, Germany, The Netherlands, Sweden, Swiss, New Zealand and Japan, and I am going to mention the present system, regulations and aviation act for the aircraft accident investigation in Korea. Furthermore I would like to point out the shortcomings of the present system and regulations and aviation act for the aircraft accident investigation and then I will suggest my personal opinion on the new and dramatic innovation on the system for aircraft accident investigation in Korea. I propose that it is necessary and desirable for us to make a new legislation or to revise the existing aviation act in order to establish the standing and independent Committee of Aircraft Accident Investigation under the Korean Government.

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12인승 밴 전복사고의 상해 분석 (Injury Analysis of a 12-passenger Van Rollover Accident)

  • 김상철;최형연;김병우;박관진;안성민;이강현
    • 자동차안전학회지
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    • 제10권1호
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    • pp.20-26
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    • 2018
  • The fatality of rollover accidents in motor vehicle crashes is high despite their low incidence. Through the investigation of a 12-passenger van rollover accident in which 10 passengers were involved, we intend to analyze the correlation between the severity of the injury and the position of the occupants. We collected accident information from medical records, interviews, photo-images of the damaged van, field surveys, and the results of the Korean New Car Assessment Program (KNCAP). Based on the occupants' position, we classified injury sites and estimated injury severity. Passenger injury severity was evaluated by trauma score calculation. The initiation type of the rollover accident was passenger side 'fall-over' and the Collision Deformation Classification (CDC) code for the damaged van was 00TDZO3. The crash of the van involved 10 passengers, with an average age of $16.3{\pm}4.2years$. Few of the occupants had fastened seat belts at the time of the incident, and there was no airbag installed. One patient sustained severe liver injury and another was diagnosed with a fracture of the right humerus. The most common injuries were at the upper extremities and the neck. The average of Injury Severity Score (ISS) was $4.8{\pm}5.9$, and the average ISS of right-seated, mid-seated and left-seated occupants was $7.5{\pm}9.3$, $1.5{\pm}0.7$, and $3.3{\pm}2.1$ respectively (p>0.05). In the rollover (to-passenger side) accident of occupant unfastened, the average ISS of right-seated occupants (near side) was higher, but there was no statistically significant difference.

한국의 항공안전 데이터베이스 분류체계에 관한 연구 (A Study on the Aviation Safety Information System in Korea - With the Comparative Analysis of the ICAO, the United States and EU system)

  • 이강석
    • 항공우주정책ㆍ법학회지
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    • 제25권2호
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    • pp.113-137
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    • 2010
  • 국제 사회에서는 그 동안 항공안전의 향상을 위하여 많은 노력과 활동을 전개하여 왔다. 새로운 첨단기술과 시스템, 그리고 전 세계 어디서나 보다 정밀한 항행을 할 수 있도록 도와주는 항법장비의 발전은 항공안전의 수준을 상당히 향상시켜 왔다. 그러나 전 세계의 항공 사고율은 1980년대 이후부터 별다른 감소 추세 없이 계속해서 정체현상을 보이고 있다. 이는 기존의 항공안전 향상을 위한 노력만으로는 이제 더 이상 항공기의 안전 운항을 보장해 줄 충분한 수준의 안전 확보가 어렵다는 것을 의미하며, 결국 사고예방을 위한 새로운 방법이 필요하게 되었다. 이러한 점을 주목하여 전 세계 항공국들은 항공기 사고로 인명 또는 재산상의 손실이 발생하기 전에 전 항공시스템 내에서 초기 위험요소들을 사전에 인지하여 그에 대한 적절한 개선 대책을 개발할 수 있는 새로운 방식에 관심을 가지게 되었는데 그것은 항공안전정보시스템의 구축을 통한 안전정보의 수집 분석 공유를 하는 것이다. 세계적인 항공안전정보시스템을 구축하기 위해서는 각 나라의 정보들을 수집하고 분석할 수 있는 항공사고 준사고 보고시스템 구축을 기본으로 이용자간에 자유스럽게 교환이 이루어져야 한다. 또한 시스템을 구성하는 항공안전 데이터들의 분류체계가 표준화되어 이용자간의 정보가 원활히 소통될 수 있어야 하겠다. 이 연구에서는 항공안전 정보를 효과적으로 분석하고 필요한 예방활동을 결정할 수 있는 각 나라의 항공사고 준사고 데이터베이스 분류체계를 조사를 통하여 세계 항공안전 강화에 기여함은 물론 국가 항공 외교력 증진에도 도움이 되고자 한다.

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국내 주요 환경보건 재난의 전개 과정과 그 교훈, 그리고 환경보건 전문가의 역할 (Lessons Learned from Major Environmental Health Disasters in South Korea and the Role of Environmental Health Experts)

  • 안종주
    • 한국환경보건학회지
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    • 제48권1호
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    • pp.9-18
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    • 2022
  • In today's civilization, it can be impossible to prevent disasters that cause large-scale human and material harm, and the environmental industry is not excepted from this. Over the last 50 years, several large and small environmental health catastrophes have occurred in Korea. Notable instances include the phenol pollution accident in the Nakdong River, the Hebei Spirit oil spill in Taean, Chungcheongnam-do, and the humidifier disinfectant disaster. Looking at these instances, it is clear that the government failed to prevent similar incidents and accidents after the tragedies. The government created and executed different policies to prevent such incidents and accidents, but the majority of them were highly fragmented. It is understandable that depending on the political and social level of the society in which the environmental health hazard incident/accident happened, the investigation of the cause, countermeasures, and policy reaction may differ. To put it another way, the more authoritarian and non-democratic a political social system is, the more likely it is to cover up occurrences and accidents without a deep examination. This is in line with the members of society's level of political awareness and acknowledgment of the importance of life and safety. In 1985, when the Onsan pollution disease was discovered, and in 2011, when we recognized the realities of the humidifier disinfectant disaster, South Korea's political and social systems were entirely different.

분기기에서의 사고사례조사 및 사고원인분석 연구 (A study for investigation and analysis of accidents or hazzards on the turnout)

  • 양대권;장봉춘;이대형;신순호;김만철
    • 한국철도학회:학술대회논문집
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    • 한국철도학회 2006년도 추계학술대회 논문집
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    • pp.91-97
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    • 2006
  • Currently, approx. 10,532 turnouts were installed on the KR line, of which 3,644 turnouts were installed in the main line where high speed operation is performed. This shows that it is necessary to improve the performance of turnout as one of vulnerable areas for the safe operation of a train. Even though the number of railway accidents is decreasing every year due to the renewal of railway facilities, there are still many factors that cause the occurrence of an accident. In particular, an incident in turnout area does not only have a high risk of a serious accident but also affect the operation of a train on the adjacent track in most cases, and consequently a big social loss is expected due to the delay in train operation as well as the loss of life and property. The objective of this study is to examine the accidents occurred in turnout area that is one of typical vulnerable areas over the past ten years, on the basis of the results, and to take an appropriate measure by finding out the major cause of accidents in turnout area so that a systematic safety system can be established to prevent or reduce accidents in turnout area.

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가설구조물의 설계반영실태 분석 (The Analysis of the Current Situation in Design Change of Temporary Structures)

  • 이연수;이명구;김용곤;백신원;송창근;한대희;오태근
    • 한국안전학회지
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    • 제29권2호
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    • pp.45-52
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    • 2014
  • The construction accidents in temporary structures have ceaselessly happened and these mostly lead to serious disasters associated with public criticism. Recently, the accidents under construction due to incomplete or faulty design has repeatedly occurred such as the overturned girder accident in Jangnam Bridge, the submerged incident in Noryangjin and the slab collapse in Banghwa Bridge. In order to prevent such accidents due to the faulty design in temporary structures, it's important to set up the solid construction management system which allows the reasonable design change if necessary. In this regard, this study provides the basic data for the reasonable design change in temporary structures by conducting a question investigation to the construction, design, and supervising companies. From the survey results, the kind and range of the temporary structures which should considers the design change were suggested by the deduced reasonable processes.

준해양사고 통보서식 및 절차 개정에 관한 연구 (A Study on the Revision of the Notification Form and Procedures of Marine Incident)

  • 강석용
    • 해양환경안전학회지
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    • 제26권1호
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    • pp.39-46
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    • 2020
  • 사고는 사후조치보다 사전예방이 더 중요하며 이는 하인리히의 법칙을 그 이론적 배경으로 들 수 있다. 준해양사고제도는 유사사고를 사전에 방지할 수 있는 매우 의미 있는 제도로 국제해양사고조사코드(CI Code)의 발효에 따라 우리나라에서는 2010년에 도입되어 오늘에 이르고 있다. 이에 선박소유자나 선박운항자는 준해양사고 발생 시 지정된 통보서식에 따라 중앙수석조사관에게 통보하도록 되어있으나 아직까지 자발적인 통보건수는 미미한 실정이다. 이에 본 연구에서는 이러한 문제의 한 원인으로 현재 준해양사고제도의 통보절차와 통보서식이 미흡하다는 점에 주목하여 이를 심층적으로 분석하여 개선방향을 제시하고자 한다. 이를 위하여 관련규정, 영국과 싱가포르 등 선진해운국의 사례, 항공 및 철도 등 국내 유사교통기관의 사례와 국내 주요 해운선사의 준해양사고 통보절차 및 통보서식을 분석하였고, 이를 바탕으로 개선방향을 제안하였다. 통보절차의 주요개선방안에는 준해양사고의 자율보고로의 전환, 보고주체의 확대, 통보자의 신분보장의 명기 등이 포함되며, 통보서식 개정의 주요내용은 통보라는 용어대신 보고라는 용어의 사용, 통보서식에 신분보장의 대한 내용 반영, 선택형 기입항목의 확대를 통한 통계적 가치 증대 등이 포함된다.