• Title/Summary/Keyword: A written verdict

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A study on the collision between fishing vessel and non fishing vessel using the analysis of written verdict (재결서 분석을 통한 어선-비어선간 충돌사고에 관한 연구)

  • Lee, Yoo-Won;Kim, Seok-Jae;Park, Moon-Kap
    • Journal of the Korean Society of Fisheries and Ocean Technology
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    • v.49 no.2
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    • pp.136-143
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    • 2013
  • The analysis of the written verdicts in recent five years was conducted to obtain preventive measures of collision between fishing vessel and non fishing vessel. As a result, a collision much happened in offshore trap for fishing vessel and below 5,000 tons of small and medium class for non fishing vessel. A person involved in a marine accident occupied 68% in sixth class deck officer and small boat operator for fishing vessel and 29% in third class deck officer for non fishing vessel. 90% of the collision happened in a underway by operating state and 84% in sight of one another by visibility state. The systemic radar training was required since 47% of the collisions was occurred on the condition of radar operation in fishing vessel. The main cause of poor lookout was a intensive fishing and poor lookout on movement by radar for fishing vessel and one man watch system and no recognition of one another by radar for non fishing vessel. This result is expected to contribute for the decrease of collision.

Analyzing Chemical Reaction Routes of Explosion by a Mixed Acid - Focusing on Chemical Carriers - (혼산에 의한 폭발사고의 화학반응 경로 분석 - 화학물질 운반 선박을 중심으로 -)

  • Kang, Yu Mi;Yim, Jeong-Bin
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.23 no.6
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    • pp.661-668
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    • 2017
  • The purpose of this study is to analyze the chemical reaction pathway for explosion accident of mixed cargo. The analysis used a structural scenario using event-tree analysis. Structural scenarios were constructed by estimating various chemical reaction paths in the content of the mixed cargo accident recorded in the written verdict. The analytical method was applied to three kinds of analysis: chemical analysis based on chemical theory, quantitative analysis using chemical reaction formula, and probabilistic analysis through questionnaire. As a result of analysis, the main pathway of the accident occurred in three ways: the path of explosion due to the reaction of concentrated sulfuric acid with water, the path of explosion due to the reaction of metal and mixed acid, and the path of explosion by synthesizing with special substances. This result is similar to the path recorded in the validation, and it leads to thar the proposed path analysis method is valid. The proposed method is expected to be applicable to chemical reaction path estimation of various chemical accidents.

The Judgment of Criminal Liability and Psychiatric Evaluation for Mentally Defective Person (정신장애자의 형사책임능력 판단과 정신감정)

  • Jung, Yong-Gi
    • Korean Security Journal
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    • no.43
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    • pp.177-204
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    • 2015
  • The Korean Criminal Code ${\S}10$ (1) provides that "The act of a person who, because of mental disorder, is unable to make discriminations or to control one's will, shall not be punished". Therefore, it'll not be able to be given criminal punishment if a mentally defective person is determined to lack the criminal liability. The problem about judging the criminal liability for the mentally defective person exists in areas where the criminal law intersects with psychiatry. Although the supreme court ultimately judges whether the criminal liability by mental defectiveness exists or not, the judgment of mental defectiveness, which is biological element, needs psychiatric knowledge and it is no wonder to rely on this. In particular, a change is required in the procedure and contents of mental examination for a mentally defective person as implementation of the Civil Participation in Criminal Jury Trial. It is needed the improvement of procedure to submit more accurate mental examination and the result of it in order that jurors are able to understand the result of mental examination and make an decision. This is because jurors consisting of ordinary citizens take part in trial. For guaranteeing the precise result of mental examination in the criminal justice procedure, it is necessary to establish the pool of manpower consisting of psychiatrists or psychologists who have completed the specific educational programs about the criminal justice and legal psychiatry, and it is desired to carry out the psychiatric test with selecting appraisers who belong to a pool of manpower. Furthermore, it is required to draw up and submit the written appraisal of mental examination which is easy to be known because of considering the nonprofessional of jurors consisting of ordinary citizens in the Civil Participation in Criminal Jury Trial. In order to gain a fair verdict of the jury about whether mental defectiveness exists or not, it is recommended the prompt submission of the written appraisal of mental examination, the presentation of the written appraisal of mental examination summarizing the important contents, and making out the written appraisal of mental examination for jurors to understand it easily.

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Correlation Analysis of Cause factor through Ship Collision Accident, and Cause factor Analysis through Collision Time (선박 충돌사고의 원인요소 간 상관관계 및 충돌시간에 따른 원인요소 분석)

  • Youn, Donghyup;Shin, Ilsik
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.23 no.1
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    • pp.26-32
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    • 2017
  • Enlargement and speed-up of a ship and diversification of ship's type have served to greatly increase the importance of marine transport means. It's reported that accident occurrence frequency of collision is high next to engine damage among the ship accident types, and that the accident ratio according to human factors is also high. In addition, ship accidents come to occur caused by complex cause factors rather than a sole cause factor, it is necessary to investigate the cause factors through the written verdict. This study proposed the cause factors of collision ship accident on the basis of human factors in collision ship accident among the written verdicts provided by the Korean Maritime Safety Tribunal, and inquired into the cause factor and effect through the correlation analysis of accident occurrence factors. Also, this study predicted the collision accident through analyzed the major cause factor of the occurrence at the zero minute when collision on the basis of the time taken from the time point of detecting collision of ships to the time point of collision occurrence. This study used commercial software-Statistical Package for Social Sciences (SPSS Ver21.0) to do correlation analysis. For time analysis, this study analyzed the cause factor and time by analyzing the time taken from the time point of detected ships to the time point of collision occurrence on the basis of the written verdicts. The study analysis showed that there were many cases of collision ship accidents occurrence caused by more than two sorts of cause factors, and that the case (zero minute) where there is no time to spare for collision avoidance accounted for 36.1 %, and negligence in guard or surveillance of the other ship, and sailing while drowsy, or drinking was a contributor to an accident. Poor watch keeping is very strong relationship with pool ready for sail.

Analysis of Human Factors Behind Maritime Traffic-Related Accidents Using the m-SHEL Model (m-SHEL 모델에 의한 해상교통 관련 사고의 배후 인적 요인 분석에 관한 연구)

  • Keum, Jong-Soo;Yoon, Dae-Gwun
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.24 no.5
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    • pp.511-518
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    • 2018
  • Research indicates, about 80% of maritime accidents are caused by human error. Further investigation of the human factors behind maritime casualties is essential in order to establish preventive measures. The main purpose of this study is to identify and analyze human factors behind maritime traffic-related accidents using the m-SHEL model. Since the m-SHEL model used in other fields is based on generic human factors, it has expanded in this study to accommodate ship operating systems and define human factors. In addition, the validity of the expanded model was verified by reliability analysis using SPSSWIN. A classified table for this extended m-SHEL model was then used to analyze human factors behind maritime traffic-related accidents extracted from a written verdict by the Korean Maritime Safety Tribunal. Human factors were arranged in the order L, L-E, L-H, L-m, L-L, and L-S. This paper contributes to the prevention of maritime traffic-related accidents caused by human factors by presenting useful analytical results that can be applied to build a maritime safety management system.