• Title/Summary/Keyword: witnesses

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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.

The Perception and Attitude of Pre-service Childcare Teachers on Child Abuse - Preparation with other Major Students - (예비보육교사의 아동학대 신고에 관한 인식과 태도: 타전공 대학생과의 비교)

  • Kim, Tae Yeon;Jung, Hyun Sim
    • Korean Journal of Child Education & Care
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    • v.18 no.3
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    • pp.65-75
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    • 2018
  • Objective: The purpose of this study is to find out the perception on childe abuse of pre-service childcare teachers who will become the closest witnesses to child abuse, and also whether they have the proper knowledge and attitude to report abuse. Methods: Surveys were conducted at five universities in Seoul and Kyonggi-province. We investigated students from child development major, and additionally students from other majors as a comparative group. Results: The results of this study are as follows: First, pre-service childcare teachers' level of abuse severity was significantly higher than other major students. They were more aware of child abuse reporting system and reporting obligations than other major students. Second, pre-service teachers had higher intention of reporting then other major students. However, both groups barely know about child protection institution, and have negative perception on the effect of reporting. Conclusion/Implications: In conclusion, this study suggests that pre-service teachers are more aware of child abuse and willing to report than other major students, however it is necessary to increase the reliability of report effectiveness. Also, it provide implications for future policy-making related to child abuse by suggesting that information transmission and promotion through mass media is necessary and efforts should be made to reduce the risk of disclosure of the identity of the complainant in reporting abuse.

Taking of Evidence in International Arbitration Procedure - focusing on 2010 IBA Rules on the Taking of Evidence in International Arbitration (국제중재 절차내에서 증거조사 : 국제변호사협회(IBA)의 2010 증거규칙을 중심으로)

  • CHUNG, Hong-Sik
    • Journal of Arbitration Studies
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    • v.21 no.3
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    • pp.21-54
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    • 2011
  • International commercial arbitration has established itself as the primary dispute resolution mechanism for international business transactions. Certainly, there are commonly-accepted standards that have evolved to reflect an internationally-harmonized approach to issues relating to the taking of evidence. This is reflected in International Bar Association("IBA") Rules for Taking of Evidence in International Evidence("IBA Rules"). This IBA Rules were revised in 2010. Designed to assist parties in determining what procedures to use in their particular case, IBA Rules present some of the methods for conducting international arbitration proceedings. Parties and arbitral tribunals may adopt IBA Rules in whole or in part - at the time of drafting the arbitration clause in a contract or once an arbitration commences - or they may use them as guidelines. They supplement applicable national laws and institutional or ad hoc rules. The IBA Rules were an ambitious undertaking, designed to overcome fundamental cultural differences relating to the taking of evidence under different national court systems. While it is difficult to assess how frequently the IBA Rules are actually adopted by parties, it is fair to say that they have had a considerable influence on the practice of taking evidence in international arbitration. This article mainly describes the essential provisions of IBA Rules, as revised in 2010, including but not limited to production of document, witnesses of fact, party-appointed experts, and tribunal-appointed experts. It also provides a comparison of relevant procedural rules of civil law and common law systems to each of the above mentioned provisions. It is important for arbitration practitioners to understand the differences in the taking of evidence under civil law and common law systems, respectively. This article will be helpful for practitioners and academics not only to understand the revised IBA Rules themselves but also to prepare for, and adequately deal with, the frictions that may arise as a result of the differences in approach for taking evidences. Indeed, so prepared, the arbitration practitioner will be able to anticipate the expectations, perceptions and the conduct of the parties, their counsel and the tribunal members.

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Unidentified Flying Objectivity: The Rhetoric of Pseudo-Science in Four Major Newspapers in Korea (미확인비행물체(UFO)에 대한 우리나라 신문 보도의 특징: 과학저널리즘의 관점에서)

  • Shin, Soon-Chul
    • Korean journal of communication and information
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    • v.62
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    • pp.244-263
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    • 2013
  • There have been enormous social impacts on many areas, including science journalism, since the so-called "Hwang Woo Suk" incident. Although wide demand for better science journalism has been aroused since then, but it is hard to find an evidence to prove we have reached the point. This study examines how major Korean newspapers report Unidentified Flying Objects in order to test if the level of science journalism had been elevated. As results, still it is a long road ahead to achieve the goals because most reports were taken from the international news agents or from the witnesses rather than scientific researches and analyses; terminologies used in the stories were ambiguous; follow-up stories were rare, the sources were usually pseudo-scientific, wanton errors in basic facts and coherence, and other problems were found. It could be suggested that the dependency on supplied news to be reduced, journalists who understand both science and journalism are required, inner regulations on science reporting to be established, correct quotations and fact-checks to be accomplished, fairness to be maintained within the boundary of normal science.

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Attitudes Toward and the Educative Effect of Basic CPR in Apprentice Doctors in an Oriental Hospital (한방병원 근무 한방수련의의 기본심폐소생술에 대한 태도와 교육 효과)

  • Kim, Mi-Kyung;Seo, Jun-Seok;Lee, Seung-Chul;Lee, Jeong-Hun;Do, Han-Ho;Han, Chang-Ho
    • The Journal of Internal Korean Medicine
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    • v.31 no.4
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    • pp.892-900
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    • 2010
  • Objectives : To save the lives of patients with cardiac arrests, CPR must be performed rapidly and precisely. Regarding its critical necessity, there is a growing tendency to encourage whomever witnesses the cardiac arrest to perform basic CPR. However, the attitude toward basic CPR nor its current state of education in Korean Oriental Medical arena, which is one of the dual axes unique to Korean medical system, are not known. This is a kind of pilot study to research attitudes toward and the educative effect of basic CPR among oriental medical doctors in Korea. Methods : We carried out surveys and tests targeting nineteen apprentice doctors working in Dongguk University Ilsan Oriental Hospital, who were receiving training for 'AHA BLS course for healthcare providers', on the attitude toward and educative effect of basic CPR before and after the education. Results : The pre-educational survey showed that most of the participants felt the necessity to be trained in the BLS course, were not confident about performing CPR, and not well-acquainted with the whole process of performing CPR. After education, however, none of them responded with a lack of confidence to perform basic CPR, and the score of the confidence to perform basic CPR was significantly increased, too (from $2.05{\pm}0.71$ to $4.05{\pm}0.40$, n=19, p<0.001). Moreover, all of them answered they were satisfied with this BLS course, and it aroused their sense of responsibility as oriental medical doctors. All the participants passed the exam, and their average score for BLS scheme performance was $28.2{\pm}1.3$. Conclusions : It is necessary, in the future, to set up a management system for intensive, regular and continuous reeducation and expand the research on the perception and attitude targeting larger numbers and more multilevel groups of oriental medical doctors.

A Pre-Hospital Cardiac Arrest Patient Surviving after Dispather-Assisted Defibrillation by an Untrained Witness (응급의료전화상담원의 도움에 의해 교육 받지 않은 목격자의 제세동 시행 후 생존한 병원 전 심정지 1례)

  • Kim, Jong-Ho;Moon, Jun-Dong
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.4
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    • pp.239-244
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    • 2018
  • A 59-year-old man with no specific medical or family history complained of chest pain and became unconscious. A member of his family, who was a witness, called 119 and gave him dispatcher-assisted cardiopulmonary resuscitation, followed by defibrillation using an automated external defibrillator placed in his apartment. Afterward, he was given two sessions of defibrillation by the 119 emergency squad, then transferred to an emergency medical center with the return of spontaneous circulation. The patient was discharged with cerebral performance category (CPC) 1 15 days later. While dispatcher-assisted cardiopulmonary resuscitation and defibrillation is at its beginning stage in South Korea, this case seems to demonstrate its effectiveness. Moreover, this case suggests it can be particularly useful for helping untrained witnesses use an automated external defibrillator, which may have important implications in regions in which there are delayed responses of the 119 emergency squad to the site. It is also important to develop a plan for improving witness access to and quantitative supply of the South Korean public access defibrillation (PAD) program.

A Study on The Law and System of The Private Body Guard in Korea (한국(韓國) 민간신변보호(民間身邊保護)의 발전(發展)을 위한 법규(法規) 및 제도(制度)에 관한 고찰(考察))

  • Lee, Han-Ick
    • Korean Security Journal
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    • no.1
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    • pp.283-319
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    • 1997
  • Our society witnesses the rapid progress in the areas of politics, economy, society and culture in the process of national modernization since 1960s, which in turn as a reverse function gets to contract a societic pathology, totally lowering the security level of citizens' lives owing to various violent crimes like hostage commotions and murders with rifles and deadly weapons. what is the main reason for that? That may be partly because the chief police force concentrates on the current situation resulting in the vacuum of the public peace. However, the main reason is that the police fall short of man-power and equipments even if the whole police power were put to use in preventing and quelling the crimes. That is true not only of Korea but also of the advanced countries like the U.S.A., England and Japan. We realize that these advanced countries have higher level of security in every individual's life and property than Korea because their progress of the private guard systems can fill in a vacuum of the shortage of the police power, Therefore, we should without delay internationalize our private guard systems expecting the widely opening of the guard service markets in the age of Uruguay Round. To do this, we need to change our ideas for fostering the policy of the private guard from passive defense ideas into positive aggressive ones. Our police should urgently set up a plan to pursue the orientation of vision that we should dispatch our private guards overseas before foreign guards rush into our markets. Accordingly it goes without saying that the private guard group should distinguish their services from the public services initiating their own theory and strategy of private guard services and also readjust themselves between the public duties and the private services with the study of minimizing the reverse function of the private guard systems. The history criminal justice has always shown that the criminal system progressed at the initiative of the civil factor in case its demand and supply do not make both ends meet. Nevertheless, in the process the power of the government never weakens, rather it is built up in general. In conclusion, the necessity of the build-up of the private guard services must duly be acknowledged by the police as well as by the business which has its unique sphere within the criminal justice instead of as the suplemtary services of the simple the police power on the long-term basis. The purpose of the private guard services can be largely classified into the two categories; first it means the function to prevent the crimes against the citizens and secondly to enhance the national interest as an increasing mammoth business with a worldly competition capacity. The police has an absolute responsibility that they should protect the modem public in general from feeling the crisis of the personal threat, tension, anxiety and nervousness. In short, if we develop the complete private guard system to guarantee the societic atmosphere for all citizens, keep the public peace, and protect all citizens' lives and properties, we will sure enjoy a beautiful land, a wholesome society and a happy life in goodharmony of law and order.

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A Study on Crime Victims' Right to State (범죄피해자의 진술권리에 관한 연구)

  • Park, Ho Jung;Lim, Hee
    • Journal of Digital Convergence
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    • v.11 no.9
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    • pp.13-20
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    • 2013
  • It was just over 20 years ago that the victim who had been seen as the forgotten man in criminal justice system for a long time started to participate in criminal proceedings and state his opinion. Other countries such as America and Japan provide crime victims with the opportunity to state freely about facts of damage as well as their opinions in criminal proceedings at present. However, Korea gives the victim the right of statement as a witness, though the statement of crime victim's opinion is the constitutional right. That is, as crime victims are not free from perjury they cannot actively state their views. Meanwhile, if the freedom of crime victims' statement is guaranteed in law and victims can state opinions with their own voice, victims' statement of opinion will help the victims treat and relieve their psychological damages. For these reasons, it is desirable that Korea, like the U.S. and Japan, gives crime victims the right to state their opinion without fear of perjury in criminal proceedings not as witnesses but as the aggrieved party.

Safety Management Improvement Plan for Elevator Worker Safety Accident Prevention (승강기작업자 안전사고예방을 위한 안전관리 개선 방안)

  • Kim, Beom-Sang;Park, Poem
    • Journal of the Korea Safety Management & Science
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    • v.22 no.2
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    • pp.23-29
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    • 2020
  • Korea's elevator industry is one of the world's eighth-largest industrial sectors and the third largest in the world by new installations. This year, the number of elevators has exceeded 700,000, and the number of new installations is 30,000-40,000 every year. However, the news of elevator-related accidents is reported continuously through the media and the accident rate is not decreasing. In particular, among the recent accidents related to elevators, accidents related to elevator workers are increasing, causing social problems. This year, the National Assembly's Environmental Labor Relations Commission's National Auditors lost five lives a year and 12 elevator workers were killed in fall and stenosis accidents during the installation, maintenance and replacement of the elevators for about two years since 2018. It took place to adopt the representatives of four domestic elevator companies as witnesses. An elevator worker is a collective term for workers involved in the design, manufacturing, installation, replacement, maintenance, inspection, management, and supervision related to the elevator industry, and the related accidents are called elevator worker accidents. Analysis of elevator-related accidents in the past has shown that the fault of the user accounted for 70% of the total, and the fault of the worker accounted for about 2.5%, and the accident occurred to the user or the user due to carelessness of the worker during the lift-related work. Currently, elevator-related accidents are reported by the Korea Elevator Safety Agency under Article 48 of the Elevator Safety Management Act under the Ministry of Interior and Safety. If deemed necessary for the prevention and prevention of recurrence of an elevator accident, the cause and condition of the elevator accident may be investigated. However, the current draft law is limited only to elevators after installation inspection, and is separated from the Ministry of Employment and Labor's data on accidents occurring in the manufacturing and installation stages related to the elevator industry. This study analyzes the recent safety accidents of elevator workers and prepares safety measures to prevent them through the risk analysis, and also draws out the problems and improvements of the current elevator worker accident investigation to find the elevator worker accident rate that is on the increase trend.

Model Design and Applicability Analysis of Interactive Electronic Technical Manual for Planning Stage of Construction Projects (건설공사 기획단계 전자매뉴얼의 적용 모형 구성 및 효과 분석)

  • Kwak, Joong-Min;Kang, Leen-Seok
    • Land and Housing Review
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    • v.12 no.2
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    • pp.121-139
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    • 2021
  • Technical documents in the construction field are changing from paper documents to electronic ones. As a result, the industry witnesses a trend of using portable electronic devices in searching or retrieving necessary information such as relevant regulations. Despite the improvement in the accessibility to general technical documents, a limitation is still found in accessing the electronic documents on the regulations. We see the barrier for field engineers to enhance their technical knowledge. One of major barriers is that videos, animations, and virtual reality information to enhance the visual understanding of technical content related to regulations are not linked. It is the interactive electronic technical manual (IETM) that can address such issues. The IETM is an electronic document system that enables real-time information acquisition while operating in the form of conversations with users by linking multimedia functions to document types such as specifications and guidelines. This study establishes a model of the IETM that can be operated in the planning stage of a construction project. The study also verifies its usability with a hypothetical case study. This study aims to improve the usability of the IETM in the construction project by analyzing the application effect of the IETM using the AHP technique.