• Title/Summary/Keyword: Legal aspects

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Comparative Analysis of Anti-Terrorism Act and its Enforcement Ordinance for Counter-Terrorism Activities (대테러 활동을 위한 테러 방지법과 시행령의 비교 분석)

  • Yoon, Hae-Sung
    • Korean Security Journal
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    • no.48
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    • pp.259-285
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    • 2016
  • As the need for anti-terrorism legislation has been continuously argued, Anti-terrorism act has been enacted and enforced. On the other hand, there still remain a lot of points to be discussed regarding the definition of the concept of terrorism, matters of human rights violations, strengthening authority of the investigation and intelligence agencies, and mobilization military forces for the suppression of terrorism. Also, reviewing Anti-terrorism act and its enforcement ordinance draft, this legislation seems to regulate terrorist groups like IS. If so, in the case of terrorism of North Korea or domestic anti-government organizations, whether this law would be applied could become an issue. In the case of terrorism of North Korea, Ministry of National Defense has a right of commandership in the military operations, however, it is also possible to apply the article 4 of Natural Security Act a crime of performing objective-or a crime of foreign exchange on Criminal law as legal grounds for not military terrorisms but general investigations. Therefore, it is necessary to involve consideration about this matter. Furthermore, in the view of investigation, Anti-terrorism act and its enforcement ordinance draft do not mention Supreme Prosecutors Office and Ministry of Justice that conduct investigations. In the case of terrorism, the police and prosecution should conduct to arrest criminals and determine crimes at the investigation stage, however, any explicit article related to this content in Anti-terrorism act and its enforcement ordinance draft was unable to be found. Although Anti-terrorism act is certainly toward preventive aspects, considering some matters such as prevention, actions on the scene, maneuver after terrorism, arresting terrorists, investigation direction, cooperation, and mutual assistance, it is necessary to reflect these contents in Anti-terrorism act. In other words, immediately after terrorists attacks, it is possible to mobilize the military operations by Integrated Defense act in order to arrest them in the case of military terrorism. Nevertheless, because both military terrorism and general one are included in the investigation stage, it needs to begin an investigation under the direction of the prosecution. Therefore, above all, a device for finding out the truth behind the case at the investigation stage is not reflected in the current Anti-terrorism act and its enforcement ordinance draft. Accordingly, if National Intelligence Service approaches information at the prevention level in this situation, it may be necessary to come up with follow-up measures of the police, the prosecution, and military units.

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A Case Study on the Preservation Strategies of 'Historic Urban Parks' in the UK, the USA, and Japan (영국, 미국, 일본의 '역사적 도시공원' 보존 전략 사례 연구)

  • Gil, Ji-Hye;Park, Hee-Soung
    • Journal of the Korean Institute of Landscape Architecture
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    • v.48 no.2
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    • pp.20-33
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    • 2020
  • This study aims to examine the trends in the preservation of urban public parks with a focus on the international movement to acknowledge and preserve the heritage value of urban parks. First, the background in which the concept of "historic urban park" first appeared internationally, as well as the current situation were investigated. Then, the cases of the United Kingdom (UK), the United States (US), and Japan, all of which are already preserving and managing urban public parks, were analyzed. In the ICOMOS-IFLA Document on Historic Urban Public Parks, the International Council on Monuments and Sites (ICOMOS), which is a group of specialists dedicated to the conservation and management of cultural heritage, mentions that it is necessary to maintain the social, intangible, aesthetic, ecological, and civic values of historic urban public parks. In addition, according to ICOMOS, it is necessary to preserve elements of parks, such as space composition, topography, light, and environment. The UK, the USA, and Japan have their own unique characteristics for the background of preserving urban parks, the preservation system, the selection of parks to be preserved, and the elements to be preserved within the park. The UK has categorized parks into certain types from each period and has tried to preserve the common elements in each type. The US has selected the parks to preserve by determining the meaning of the parks itself considering multiple aspects, embracing not only the physical form of the parks, but also the culture, monumentality, and social values. Recently, Japan began the preservation of historic urban parks as a matter of policy and started to implement a preservation policy by investigating modern parks that are believed to be worth preserving. Specialists in cultural heritage preservation have argued that the method of preservation of historic urban parks must differ from that of other parks or gardens. Nonetheless, observing cases in these three countries showed that, regardless of their administrative and legal systems regarding cultural heritage and urban public parks, their policies were still limited to preserving only the physical elements of parks. The direction and methodology for the preservation of historic urban parks must be developed further and elaborated upon in terms of the evolving concept and definition of heritage. Urban parks are where various historic values are accumulated, connoting historical meanings dealing with the memories of the parks and the urban dwellers. This study found that, worldwide, park management has been carried out in a way that the historic values of parks are respected and preserved. This global trend in preserving the historic values of urban public parks has significant implications for the management of urban public parks in Korea that are being formed and renewed repeatedly.

A Survey of Perceptions of Elementary School Teachers on the Small-Scale Chemistry (미량화학(Small-Scale Chemistry)에 대한 초등학교 교사들의 인식)

  • Kim, Sung-Kyu;Kong, Young-Tae
    • Journal of Science Education
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    • v.34 no.2
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    • pp.291-305
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    • 2010
  • The aim of this study was to survey the perceptions of the elementary school teachers on the smallscale chemistry(SSC) following its training session. The teachers participating in the survey were 266 teachers in the Gyeongnam province. They were given a questionnaire that focused on the nine areas of the SSC: Needs for the teacher training and its application, its benefits, issues of safety and danger as well as treatment of environmental pollution, its economic efficiency and the development of investigative skills. The designed questionnaire was checked by an authority, and the responses to each question were tallied and analyzed. The results are as follows. The biggest problems of the traditional experimental methods as rated by the teachers were, in the order of importance, the preparation time, the legal liability of teachers for the safety and accidents, financial issues, disposal of the experimental wastes and the lack of relevant data. Since most of the teachers had not experienced the SSC lab programs in the field, they responded positively to the questions of need for its introduction and training. The implementation of the experimental SSC lab programs should proceed in the following order: introduction into the textbook, teacher training program, after-school education and the invitation of instructors. The most useful materials for the SSC program were CDs, videos, books and various printed materials, in that order. The responses regarding benefits of the SSC program included its simplicity, convenience, time savings, diversity, qualitative and quantitative aspects, integration into the regular class and use of toys. In particular, the teachers mentioned the increased safety due to the small amount of experimental reagents needed and the durability of plastic instruments. The familarity from the use of everyday tools as well as easy access to and the low-cost of the instruments were other important benefits. The teachers in general rated the educational content of the program highly, but many also found it to be average. Some pointed out the lack of sufficient discussion due to the individual or pair groupings as a potential shortcoming. The potential for development of problem solving ability and improvement of skills was rated positively. The number of teacher who rated the development of creativity positively was just over the half. As for the area of improving investigative skills, many found its assessment difficult and confusing because of the lack of its systemic definition and categorization. Based on the findings of this study, I would like to recommend the application and a wider dissemination of the small-scale chemistry lab program into the elementary school science curriculum.

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A Research on Improvement Measures for Safety Management of Aviation Cosmic Radiation (항공부문 우주방사선의 안전관리 적용을 위한 개선연구)

  • Choi, Sung-Ho;Lee, Jin;Kim, Hyo-Joong
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.215-236
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    • 2016
  • This paper is related to a study on safety management of cosmic radiation in the aviation area, and as a comprehensive study encompassing not only aviation crew but also aviation traffic users, presents issues on an exposure to the cosmic radiation which authors predict may be intensified in a time to come. Although the government of the Republic of Korea has recently activated regulations related to the cosmic radiation, the following improvement measures are further urged to be carried out not only as a regulatory improvement for pushing ahead with effectiveness but also as a supplementary tool. Firstly, a dose limit corresponding to the international standard needs to be applied. Since the dose limit imposed by the Korean government is improperly higher than the international dose limit of the cosmic radiation, the present dose limit needs to be re-established in a range of "not exceeding the international recommendation". Secondly, a new methodology is needed such that aviation companies observe a yearly effective dose limit of passengers. A fact that only aviation crew is specified but passengers are excluded in the related regulation is based on a recommendation presented by the International Commission on Radiological Protection (ICRP). According to the recommendation, Korean government excluded passengers in the "Cosmic Radiation Safety Requirements for Crew". Among the present aviation regulations, there exists a protection standard for protecting aviation traffic users. However, it presents a damage protection only for ticket-related issues. Since this regulatory weakness provides a cause of endangering national health, the authors believe that an improvement in the regulation is needed without sticking to the recommendation from the ICRP. To this end, new regulations are strongly demanded from aspects of not only legal but also regulatory areas. The dose limit in accordance with the international standard is established. However, at least a minute amount of cosmic radiation is continuously acting on all people of Korea. Since more and higher level of cosmic ration may exist in the aviation space, an improved method of representing the minute amount of cosmic radiation in figures. As a result, a desirable regulation may be established for protecting not only crew but also aviation traffic users from being exposed to the cosmic radiation via a legislation of the desirable regulation.

A Case Study on the Effectiveness of the Cooperative Management by Leading of Forest Owners and Its Extension System - A demonstrational cooperative management in the private forest guided by the Korean German Forest Management Project - (산주주도형(山主主導型) 협업경영사업(協業經營事業)과 그 지도체계(指導體系)의 효과(效果)에 대한 사례연구(事例硏究) -한독기구(韓獨機構) 사유림협업경영(私有林協業經營) 시범사업(示範事業)을 중심(中心)으로-)

  • Kim, Jong Kwan
    • Journal of Korean Society of Forest Science
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    • v.67 no.1
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    • pp.17-27
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    • 1984
  • The Yangsan Forest Management Station (YFMS) of Korean German Forest Management Project (KGFMP), working with the 6 legal villages of Uljugun, Kyongnam, led the forest owners in the area to organize the Forest Management Cooperative (FMC) voluntairily for improvement of private forest management and fostered it as a model from May 1975 to Apr. 1984. YFMS sent out FMC a forest manager as a forestry expert carrying out the leading extension program at the equal position with forest owners and gave FMC financial, administrative and technical assitances. During the 6 years from 1977 to 1982, 4 FMC were founded and are being operated democratically. 228 forest owners have taken the membership of their own free will and the forestland of the members covers 2,567 ha equivalent to 57% of the total private forest in the area. During the period the total area of the planting and tending is 4,185 ha, this means that a member executed 3.1 ha of forest operations per year in average, showing the high willingness on forest operations. In addition the joint works have resulted in the joint properties equivalent to 27 million Won and it will be an important foundation for operation of FMC which is a forest owners's cooperative organization for improvement of private forest management in this area. The total expenditure spent for the fostering of FMC amounted to 497,587 thousand Won and 58% of them were charged from KGFMP funds, 27% from the forest owners and 15% from public funds. The expenditure for investment was 273,104 thousand Won and 59% of the sum were appropriated as subsidies at the national level. The forest owners charged 43% of that and this means that each member invested approximately 100 thousand Won to his forestland per year in average. For the extension program 169,503 thousand Won were spent and it can be explained that 5,885 Won were spent per ha a year. The organization of FMC operated autonomously in a democratic way and the horizontal and leading extension system, which aspects the human rights, were very much effective in fostering the cooperative organization of forest owners for improvement of private forest management.

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Current Situation on Signing Advance Medical Directives and Actual Life-sustaining Treatment Given at a University Hospital (일개 대학병원의 연명치료 선택 및 사전의료의향서 작성 현황)

  • Yoon, Ho-Min;Choi, Youn-Seon;Hyun, Jong-Jin
    • Journal of Hospice and Palliative Care
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    • v.14 no.2
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    • pp.91-100
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    • 2011
  • Purpose: This study was performed to investigate patients' preferences on receiving life-sustaining treatments (LST) and to analyze the relationship between patients' characteristics and LST selection. We also examined any discrepancy between LST patients' choices regarding medical intervention and actual medical intervention given/not given within 48 hours before death. Methods: This cross-sectional study was performed from March 1, 2008 to August 31, 2008 in the Palliative Care Unit of Korea University Hospital. Electric medical records (EMR) of 102 hospice cancer patients were reviewed, and 74 patients with Glasgow coma scale (GCS) ${\geq}$10 at the time of signing the advance medical directives (AMD) were selected for the first analysis. Then, patients alive at the end of this study, transferred to other hospitals or dead within 48 hours were excluded, and the remaining 42 patients were selected for the second analysis. Results: Preferred LST included antibiotics, total parenteral nutrition, tube feeding, transfusion, and laboratory and imaging studies. The relationship between patients' characteristics and LST could not be analyzed due to skewed preferences. LST chosen at the time of signing the AMD and actual medical intervention given/not given in the last 48 hours showed discrepancy in most cases. Conclusion: When making AMD in hospice cancer patients, it is important to consider the time and possibility of changing the choices. Above all, patients must fully understand the AMD. Thus, LST should always be provided with careful consideration of all possibilities, because legal and social aspects of AMD have not been established yet.

Development and Effectiveness of the Primary Hospice Education Program for Nurses (간호사를 위한 호스피스 기초 교육 프로그램 및 효과)

  • In, Sook-Jin
    • 한국호스피스완화의료학회:학술대회논문집
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    • 2004.07a
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    • pp.100-102
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    • 2004
  • Under the current medical system, a terminal patient and his/her family who are neglected inevitably face various aspects of crises including not only physical, but also psychological, social, economic, spiritual and legal problems. Nurses often look after many terminal patents with these types of complicated problems. Therefore, educating the nurses who will take care of such patents would greatly reduce stress so the patents end could their lives in peace and without losing their dignity. This research is a quasi experimental study of nonequivalent control group. A pretest-posttest design where a basic education program is developed for nurses, who frequently treat terminal patents, to understand the importance of the role of hospice and to apply their understandings to treat terminal lancer patents. A sample of the nurses were taken from those who were working in general wards at two general hospitals in Seoul during October, 2003${\sim}$December 2003. The study was composed of 46 experimental group and 43 control group. A basic hospice education program was developed by taking emphasized and overlapping parts from advanced practice hospice nurses education course, short-term education course, an extensive literature survey and by consulting three professionals as well. With the group of 5 professors with vast experiences in oncolgy, 5 nursing administrator, 3 nursing practitioner, the tentative first version of the program was developed and reviewed. Afterwards, by utilizing person to person interviews with 2 head nurses experienced with terminal patients, 1 nurse in charge of hospice, 1 nurse on the contents of the program, and a person to person rating on the educating medium by a nurse were performed. The final version of a basic education program was developed after the second revision. The hospice basic education program consists of introduction to hospice, hospice and commucation, management of pain for terminal cancer patients, physical management for terminal cancer patients, socio-psycological caring of terminal cancer patients and management of death and separation. Total education time was four hours organized into 50 minutes of instruction and 10 minutes of break. $Powerpoint^{(R)}$ software was used as the education medium. As research tools, "Knowledge on Hospice" was developed by the author after receiving a review from one expert. "Attitude of Hospice Nursing" was revised Kim(2001)'s attitude measuring tool which was based on Wang(1998), Kwon(1989), Park and Sung(1991)'s tool. "Liability on nursing terminal patients" was used as developed by Zarits(1980) and Mongomory(1985) translated by Lee(1985). For collecting data, preliminary investigation prior to 1 week of the hospice basic education program and post-investigations after 1 week and 4 weeks of the education were carried out for the nurses at a general ward who understood and agreed on the purpose of the program. Collected data were analyzed throughout t-test, $x^2-test$, Manova test and Bonferroni correction in $SAS^{(R)}$ program. The summary of the investigation is as follows: Hypothesis 1: "Educated experimental group would possess more knowledge on hospice compared to the un-educated control group" was supported after 1 (F=12.14, p=.00) and 4 (F=5.3, p=.02) weeks of education. Hypothesis 2: "Educated experimental group would take a positive attitude toward hospice nursing compared to the un-educated control group" was supported after 1(F=3.92, p=.05) and 4(F=5.05, p=.02) weeks of education. Hypothesis 3: "Educated experimental poop would feel less liability compared to the un-educated control group in nursing terminal cancer patients' was rejected. In this study, it was found that knowledge on hospice was significantly important. By applying hospice basic education programs to nurses, the education program helped nurses to take a positive attitude toward terminal patients. It was, however, seen that the education program had no effect on alleviating liability in nursing terminal patients. Therefore, it is expected that this educational program would help hospices and nurses at general wards to understand the concept and the role of hospice so that terminal patents, now neglected under current medical system, would be able to end their lives in peace.

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Structuration of Space Change due to Planning and Leisure Activities in Hangang River Park - Focused on the Hangang River Park in Yeouido from the 1970s to the 2000s - (여가 활동 공간으로서 여의도 한강공원 공간변화의 구조화 - 1970년대부터 2000년대까지 여의도 한강공원의 여가 활동과 계획을 중심으로 -)

  • Cho, Han-Sol
    • Journal of the Korean Institute of Landscape Architecture
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    • v.47 no.2
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    • pp.13-27
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    • 2019
  • This study shows the changes in the space created by the planning and leisure activities of Hangang River Park, focusing on the Yeouido portion of the Hangang River Park, which has the most users and the greatest degree of planning. The relationship between planning, behavior, and space changes are explained based on Giddens's Structural Theory. As research material, Hangang River Park plans and satellite photos were interpreted and newspaper articles were used to identifying the space changes and their causes, and a model of the space changes was derived through the application of the theory. The flow of space change in the Yeouido portion of the Hangang River Park due to planning and leisure activities is as follows. In the 1970s, the first sports spaces are made due to need from residents near the riverside, but huge plans for the utilization of the entire space were not realized. In the 1980s, leisure spaces were planned and developed through a comprehensive plan. Various sports spaces were built, but the environment of the spaces became a slum. In the 1990s, various leisure activities were revitalized due to the revision of the legal system, regulations on the usage of space, and space maintenance, and from the late 1990s, ecological issues arose along the Hangang River. In the 2000s, there was an overall space improvement project directed by two comprehensive plans, and cultural and ecological issues appeared in the Hangang River Park plans. However, actual leisure spaces were developed along with the promotion of large-scale activities. Regarding the structuration theory, elements of interaction, modality, and structure are the aspects of space changes in the Yeouido portion Hangang River Park. As the flow of the space change, the proportions of the comprehensive plan and the individual plans were similar. The comprehensive plan was influenced by the change of public businesses and the proliferation of large-scale activities. Individual plans were influenced by the user's activities and opinions. However, both plans were influenced by the users and suppliers. The leisure space of the Hangang River Park can be viewed as a social space, in terms of the structuring as a theory due to the user repeatedly changing the use of the space. The purpos of this study is to investigate the changes in the Hangang River Park space through planning and leisure activities. Through this study, we can understand the characteristics of the Hangang River Park in planning the leisure activity space.

A Study on Social Security Platform and Non-face-to-face Care (사회보장플랫폼과 비대면 돌봄에 관한 고찰)

  • Jang, Bong-Seok;Kim, Young-mun;Kim, Yun-Duck
    • Journal of the Korea Convergence Society
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    • v.11 no.12
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    • pp.329-341
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    • 2020
  • As COVID-19 pandemic sweeps across the world, more than 45 million confirmed cases and over 1,000,000 deaths have occurred till now, and this situation is expected to continue for some time. In particular, more than half of the infections in European countries such as Italy and Spain occurred in nursing homes, and it is reported that over 4,000 people died in nursing homes for older adults in the United States. Therefore, the issues that need to be addressed after the COVID-19 crisis include finding a fundamental solution to group care and shifting to family-centered care. More specifically, it is expected that there will be ever more lively discussion on establishing and expanding hyper-technology based community care, that is, family-centered care integrated with ICT and other Industry 4.0 technologies. This poses a challenge of how to combine social security and social welfare with Industry 4.0 in concrete ways that go beyond the abstract suggestions made in the past. A case in point is the proposal involving smart welfare cities. Given this background, the present paper examined the concept, scope, and content of non-face-to-face care in the context of previous literature on the function and scope of the social security platform, and the concept and expandability of the smart welfare city. Implementing a smart city to realize the kind of social security and welfare that our society seeks to provide has significant bearing on the implementation of community care or aging in place. One limitation of this paper, however, is that it does not address concrete measures for implementing non-face-to-face care from the policy and legal/institutional perspectives, and further studies are needed to explore such measures in the future. It is expected that the findings of this paper will provide the future course and vision not only for the smart welfare city but also for the social security and welfare system in administrative, practical, and legislative aspects, and ultimately contribute to improving the quality of human life.

Exploration of Children's Age and Parental Emotional Supportiveness that Impact the Accuracy of Children's Memory (아동의 회상 보고 정확성에 아동의 연령, 양육자의 지지가 미치는 영향)

  • Lee, Seungjin
    • Korean Journal of Culture and Social Issue
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    • v.22 no.4
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    • pp.523-541
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    • 2016
  • Both the child's and defendant's testimonies play crucial roles in the court's ruling of a child abuse case. Thus, empirical studies examining a child's truthful report, that is, disclosure, of his or her experience and recantation of the disclosure have manifold practical implications. The objective of the present study was to examine how easily a child recants his or her testimony after witnessing and disclosing an adult engaging in a small mistake. Furthermore, this study examined whether the child's age and emotional support from his or her caregiver predict the recantation of the child's testimony. Children of age 5-8 years played with dolls with the experimenter and witnessed the experimenter breaking the doll mask. The experimenter asked the children to keep it a secret. Then the children had the first memory interview, during which the interviewer induced the child to disclose the incident. Based on the treatment conditions, some children were provided supportive feedback while other received unsupportive feedback from their primary caregivers (mother) regarding the disclosure, then were interviewed for the second time. First, the author of this study examined whether the children would recant their disclosure (whether they would deny the incident after telling the truth of about what happened to the doll), and also examined the features of the child's voluntary reports, that is, the degree of their honesty. The findings of the experiment indicated that there were age-specific differences in the frequency of recantation, meaning that older children (8-9-year-olds) showed a stronger tendency to maintain their recantation in the second interview than relatively younger children (6-7-year-olds). Furthermore, children who received supportive responses from their mothers regarding the disclosure demonstrated more honest reports compared to those who received unsupportive responses from their mothers. The findings of this study assist the understanding of the effects of social-motivational factors on the process of children disclosing the truth when voluntarily recalling a negative incident that they had experienced and provide practical implications in legal aspects.