• 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.

• Korean Journal of Forensic Psychology
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• v.11 no.1
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• pp.1-20
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• 2020

Witnesses will be exposed to a variety of misinformation after the witnessing of the event and state at the scene of the investigation after the delay period. This study was conducted to promote correct recall reporting without being affected by factors that against correct recall. Self-Administered Interview(SAI) is known to obtain eyewitness accounts quickly and accurately. Therefore, we performed a SAI to see if it reported more information than the control group that did not perform the SAI. Also, it also performed that correct information was maintained without being affected by misinformation and delay. Eighty-eight participants were asked to perform SAI or game after showing a video of mock crime. Misinformation was presented in the first or second session to see if it affected recall. An analysis of responses from the final test conducted in the second session by participants showed that groups that conducted SAI after a four-week delay reported more correct information than control groups, while there was no difference between incorrect- and confabulation information. In particular, the timing of presenting misinformation did not affect the amount of recall. This suggests that conducting the SAI immediately after witnessing the event protects correct information even after four weeks. Finally, the significance and limitations of this study, and subsequent studies were discussed.

• Journal of Digital Convergence
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• v.21 no.3
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• pp.49-62
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• 2023

Due to social and cultural changes and the growth of aging people living as a single because of aging, lonely deaths are steadily increasing, and each local government has begun to define them as a social problem. The legal basis began to be established. In order to explore policy measures to prevent lonely deaths, this study examined cases of lonely death prevention policies using smart digital information technology (AI, IOT), which is being promoted by Daegu Metropolitan City to promote non-face-to-face policies to prevent lonely deaths. Policies related to lonely deaths are divided into two axes: lonely death prevention projects and post-excavation support projects. In order to operate these businesses efficiently, the provision of non-face-to-face services through artificial intelligence and the Internet of Things is recognized as a new service delivery system, so the importance and necessity of non-face-to-face services is increasing. It is time that multifaceted changes and preparations are needed, such as establishing a system to expand the non-face-to-face industry at the national level. In order to respond to another national disaster situation in the future, the non-face-to-face smart care system is being expanded in various welfare policies such as preventing lonely deaths. It will have to be activated.

• Journal of Arbitration Studies
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• v.14 no.1
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• pp.273-314
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• 2004

There is a belief in the construction industry that the traditional court system may not be an ideal forum to effectively and efficiently resolve construction disputes due to the protracted proceedings and the three tier appeal system resulting in a long delay in the final and conclusive settlement of the dispute, relatively high costs involved, the lack of requisite knowledge and experience in the relevant industry, etc. Hence, they assert that certain alternative dispute resolution ('ADR') methods, such as mediation, conciliation, arbitration or a new system for dispute settlement in the form of any combination thereof should be developed and employed for construction disputes so as to resolve them more promptly and efficiently to the satisfaction of all the disputants concerned. This paper discusses certain merits of such assertions and the need for additional considerations for effective resolution of the construction disputes in light of the complexity of the case, importance of expert witnesses, parties' relationship and non-level playing field of the construction industry and so on. At the same time, however, given the inherent nature of disputes rendering the parties involved in an adversarial position, it would rather be difficult, if not practically impossible, to satisfy all the parties concerned in the dispute. Accordingly, in this study, it is also purported to address the demerits of such assertions by studying the situation from a more balanced perspective, in particular, in relation to the operation of such ADRs. In fact, most of such ADRs as stipulated by special acts, such as the Construction Industry Basic Act of Korea, in the form of mediation or conciliation, have failed to get support from the industry, and as a result, such ADRs are seldom used in practice. Tn contrast, the court system has been greatly improved by implementing a new concentrated review system and establishing several tribunals designed to specialize in the review and resolution of specific types of disputes, including the construction disputes. These improvements of the court system have been warmly received by the industry. Arbitration is another forum for settlement of construction disputes, which has grown and is expected to grow as the most effective ADR with the support from the construction industry. In this regard, the Korean Commercial Arbitration Board ('KCAB') has established a set of internal rules end procedures in operation to efficiently handle construction disputes. Considering the foregoing, this paper addresses the most important elements of the arbitration, i.e., arbitration agreement and arbitral award, primarily focusing on the domestic arbitrations before the KCAB. However, since this parer is prepared for presentation at the construction disputes seminar for the public audience, it is not intended for academic purposes, nor does it delve into any specific acadcmic issues. Likewise, although this paper addresses certain controversial issues by way of introduction, it mainly purports to facilitate the understanding of the general public, including the prospective arbitrators on the KCAB roster without the relevant legal education and background, concerning the importance of the integrity of the arbitration agreement and the arbitral award. In sum, what is purported in this study is simply to note that there are still many outstanding issues with mediation, conciliation and arbitration, as a matter of system, institutional operation or otherwise, for further study and consideration so as to enhance them as effective means for settlement of construction disputes, in replacement of or in conjunction with the court proceeding. For this purpose, it is essential for all the relevant parties, including lawyers, engineers, owners, contractors and social activists aiming to protect consumers' and subcontractors' interests, to conduct joint efforts to study the complicated nature of construction works and to develop effective means for examination and handling of the disputes of a technical nature, including the accumulation of the relevant industrial data. Based on the foregoing, the parties may be in a better position to select the appropriate dispute resolution mechanism, a court proceeding or in its stead, an effective ADR, considering the relevant factors of the subject construction works or the contract structure, such as the bargaining position of the parties, their financial status, confidentiality requirements, technical or commercial complexity of the case at hand, urgency for settlements, etc.

• Korea journal of population studies
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• v.28 no.2
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• pp.97-129
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• 2005

Korean society recently witnesses a rapid lllcrease of suicide across all ages. In particular, suicide in old ages jumps up ill a very unexpected way. Furthermore, the order of suicide in the cause of death across all ages is becoming higher and higher in Korea. This study provides details of suicide that occurs in Korean society with the comparison to that of Japan at the descriptive level. It is not well known why suicide in Korean surges recently. Several previous research show the possibility that surging suicide is closely related to the worsened economic conditions especially since the economic crisis in 1997. They adopt economic growth, unemployment rate, income distribution, household finance index as economic indicators in their research. This study also adopts those indicators and conducts a correlation analysis in two periods, 1990-1997 and 1998-2004. It is found that there is no correlation between economic indicators and suicide in the period of 1990-1997. On the other hand, there is a very strong correlation between income distribution and suicide in the period of 1998-2004. Other economic indicators except income distribution does not have any significant correlation with suicide. This finding suggests that currently increasing suicide in Korea may be a result of economic polarization, which has been worsened since the economic crisis in 1997.

• The Korean Journal of Archival Studies
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• no.12
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• pp.137-178
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• 2005

The anticommunist guerrillas' activities that aretheconcern of this article took place largely in North Korea or behind the enemy-held lines. Verifying their history is accordingly difficult and requires careful attention, but despite their active operations the military as well as the scholarly community have been lax in studying them. The Korean War came to be perceived as a traditional, limited war with regular battles, so that the studies addressed mostly the regular operations, and guerrilla warfare is remembered as an almost 'exclusive property' of the communist invaders; a small wonder that the anticommunist guerrillas have not been studied much and the collection of materials neglected. Therefore, in contrast with the witness accounts concerning regular battles, witness resources were of a small volume about these "patriots without the service numbers." For the above reasons the guerrilla participants and their later-organized fellowships took to the task of leaving records and compiling the histories of their units. They became active preservers of history in order to inform later generations of their works and also to secure deserved benefits from the government, in a world where none recognized their achievements. For instance, 4th Donkey Unit published witness accounts in addition to a unit history, and left video-recordings of guerrilla witnesses before any institute systematized the oral history of the guerrillas. In the case of Kyulsa ("Resolved to Die") Guerrilla Unit, the unit history was 10 times revised and expanded upon for publication, contributing substantially to the recovery of anticommunist guerrilla history which had almost totally lacked documented resources. Now because the guerrilla-related witness accounts were produced through fellowship societies and not individually, it often took the form of 'collective memory.' As a result, though thousands of former guerrillas remain surviving, the scarcity of numerous versions of, or perspectives upon, an event renders difficult an objective approach to the historical truth. Even requests to verify the service of a guerrilla member or to apply for decoration or government benefits for those killed in action, the process is taken care of not at the hands of the first party but the veteran society, so that a variety of opinions are not available for consideration. Moreover, some accounts were taken by American military personnel, and since some historians, unaware of official documents or evaluation of achievements, tended to center the records around their own units and especially to exaggerate the units' performances, they often featured factual errors. Thefollowing is the means to utilize positively the aforementioned type of witness accounts in military history research. It involves the active use of military historical detachments (MHD). As in the examples of those dispatched by the American forces during the Korean War, experts should be dispatched during, and not just after, wartimes. By considering and investigating the differences among various perspectives on the same historical event, even without extra documented resources it is possibleto arrive at theerrors or questionable points of the oral accounts, supplementing the additional accounts. Therefore any time lapses between witness accounts must be kept in consideration. Moreover when the oral accounts come from a group such as participants in the same guerrilla unit or operation, a standardized list of items ought to be put to use. Education in oral history is necessary not just for the training of experts. In America wherethefield sees much activity, it is used not only in college or graduate programs but also in elementary and lifetime educational processes. In comparison in our nation, and especially in historical disciplines, methodological insistence upon documented evidences prevails in the main, and in the fields of nationalist movement or modern history, oral accounts do not receive adequate attention. Like ancient documents and monuments, oral history also needs to be made a regular part of diverse resource materials at our academic institutes for history. Courses in memory and history, such as those in American colleges, are available possibilities.

• The Korean Journal of Air & Space Law and Policy
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• v.9
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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.