스포츠 상해의 형법상 정당화 근거

조충환 한국스포츠엔터테인먼트법학회 2009 스포츠와 법 Vol.12 No.3

This paper has attempted to investigate the scope of sports injury and the grounds for the justification of the injury in criminal law. For this, the sports events with a high risk of injury have been categorized by type, and their individual ground for the justification of sports injury has been examined. As a result, the following results have been obtained: First, in case of sports events that are aimed to injure the opponent, it is reasonable to apply 'victim's consent theory' to minor injury which took place while the rules were oserved or slightly violated and 'actions during on-duty time' or 'actions that do not violate other social morals' to heavy injury or death. However, the heavy wound or death caused by major violation of rules could be treated as ordinary crime. Second, in case of sports events with a high risk of injury, it is reasonable to apply 'victim's consent theory' to minor injury which took place while the rules were observed or slightly violated and 'risk acceptance theory' to heavy injury or death. However, the heavy wound or death caused by major violation of rules could be treated as ordinary crime as well. Third, in case of parallel sports with a mild risk of injury such as cycling, they should be treated like the sports events with a risk of injury mentioned above. In case of non-fighting individual sports events with a low risk of injury such as the shot put, it seems reasonable to apply 'social reasonability theory. 본 논문에서는 스포츠 활동 중 상해 결과라는 결과불법에 대하여 어디까지 그 상해를 형법상 허용할 것이며, 만약 허용된다면 허용하는 형법상의 정당성의 근거가 무엇인가를 연구하였다. 이를 위해서 상해의 위험성이 큰 스포츠를 유형별로 분류하고, 그 각각에 대하여 정당화 근거를 검토하였다. 그 결과 첫째, 상해를 목적으로 하는 스포츠의 경우, 경기규칙 내에서 또는 경미한 규칙위반으로 인한 상해는 ‘피해자 승낙이론’이 타당하며, 사망이나 중상해의 경우는 ‘업무로 인한 행위’나 ‘기타 사회상규에 위배되지 아니한 행위’ 등의 이론을 적용하는 것이 타당하다. 그러나 경기규칙의 중대한 위반으로 인한 사망이나 중상해 등은 형법의 일반 범죄행위와 동일하게 취급하면 될 것이다. 둘째, 상해의 위험성을 수반하는 스포츠의 경우, 규칙 내에서 또는 경미한 규칙위반으로 인한 상해는 피해자가 예상할 수 있기 때문에 ‘피해자 승낙이론’이 타당하며, 사망이나 중상해의 경우에는 ‘위험인수이론’이 가장 타당하다고 본다. 그러나 중대한 규칙위반으로 인한 상해나 사망의 경우는 일반적인 형법상 범죄로 해결하면 될 것이다. 셋째, 병렬적 스포츠의 경우, 자전거 경기 등과 같이 어느 정도 상해에 대한 위험성을 예상할 수 있는 경우에는 앞에서 언급한 상해의 위험을 수반하는 스포츠의 경우와 동일하게 처리하면 될 것이며, 투포환 등의 비격투형 개인종목의 경우에는 경기 내용에 위험성이 적기 때문에 ‘사회적 상당성’이론으로 판단하면 될 것이다.

Falling Man as a 9/11 Counter-narrative: Non-disaster Narrative, Möbius Time Loop and Multi-perspectivity

조충환 한국외국어대학교 영미연구소 2023 영미연구 Vol.58 No.-

The American official discourse about the September 11 attacks has focused on how the collective trauma of Americans can be overcome without self-reflection. “Official narratives” use patriotism as the solution to collective trauma. The relationship between previous U.S. historical events and the September 11 attacks has not been examined in depth by the mainstream media, despite terrorism on U.S. soil not being unprecedented. Meanwhile, counter-narratives in literature and films have wrestled with self-pity, but have not been able to overcome completely the official narrative ornamented by patriotism and sentimentalism. However, counter-narratives have challenged the notion of the September 11 attacks as an isolated and unprecedented historical event. Instead, they posit that these attacks should be understood within the broader historical trajectory of the relationship between the United States and the rest of the world. In addition, the voices of “the others” have been heard and embedded within the context. Through these representations, the impact of the September 11 attacks can be reevaluated and reinterpreted beyond collective trauma and victimhood. Falling Man suggests a counter-narrative by challenging the stereotypical chronology of narrating a story and shedding light on “the others’” voices using a multi-perspective approach. DeLillo attempts to avoid the trap of the disaster genre and pursues an alternative way of describing the unique characteristics of 9/11 with its circular structure or Möbius time loop. The novel also includes the narratives of survivors, survivors’ families, a former terrorist, and hijackers while wrestling with the issue of how to represent the September 11 attacks, even though the attempt is limited to allow a relatively small portion of the hijackers.

코로나 시대의 한국 관찰 예능: 사회적 거리두기, 정서적/감각적 거리 좁히기

조충환 명지대학교(서울캠퍼스) 인문과학연구소 2021 인문과학연구논총 Vol.42 No.3

Since the Covid-19 outbreak, Korean Reality TV shows have tried to compensate for viewers’ emotional isolation caused by the social distancing measures imposed by the South Korean government. They chose isolated locations to film – places like a small island – to prevent the spread of Covid-19 during production while also carefully reenacting social activities in public places, which remind audiences of the pre-Covid19 era. Emphasized sensory elements such as ASMR, ambient sound, and the sound of eating have been used to facilitate viewers’ personal connection with the characters in the shows. In terms of theme, Mukbang (eating show), Cookbang (cooking show), and collaborations with YouTube creators have played more significant roles in Korean Reality shows since the Covid-19 outbreak on network TV by providing pseudo-intimacy. Viewers have resonated with these Reality TV shows through “compensation watching” to release their stress and console themselves from their isolation in the age of the pandemic. 코로나 시대의 한국 TV의 관찰 예능은 코로나로 인한 사회적 거리두기로 인해 발생한 시청자들의 고립감을 보상할 수 있는 정서적/감각적 거리 좁히기를시도하며 개인적 친밀감을 강화해나가는 형식들을 발견해나갔다. 먼저 코로나로 인한 제작 공간의 제약을 고립된 공간에서의 촬영을 통해 해결하고, 사회적거리두기로 인해 일상생활에서 구현되지 못하는 공간을 프로그램 내에서 재현했다. 또한 앰비언스 사운드와 식사하는 소리 등을 통해 감각적인 친밀감을 형성하는 연출 기법과 식사라는 사적인 영역으로 초대하는 먹방이라는 소재 그리고 유튜버와의 협업 등을 통해 코로나 시대에 최적화된 관찰 예능을 시도하였고, 시청자들은 이들 프로그램에 대한 ‘보상 시청’을 통해 ‘유사 친밀감’을 경험하면서 코로나로 인한 현실의 피로감과 고립감을 해소해 나갔다.

도시 물환경에 대응하는 통합적 워터프론트 공간계획

조충환,이금진 한국문화공간건축학회 2023 한국문화공간건축학회논문집 Vol.0 No.83

The purpose of this study is to propose a waterfront spatial direction that bridges urban and architectural domains, fostering water-friendly environments for utilization in daily life, and presenting a spatial planning poised to mitigate urban The purpose of this study is to propose a waterfront spatial direction that bridges urban and architectural domains, fostering water-friendly environments for utilization in daily life, and presenting a spatial planning poised to mitigate urban flooding. Recent extreme climatic phenomena have severely damaged urban areas from numerous water-related disasters. While there are ongoing efforts across urban planning, civil engineering, and architectural design to navigate these challenges, there remains a noticeable gap in cross-disciplinary research remains. This study aims to fill this gap, focusing on the urban water environment. As a methodological approach within this research, an investigation is conducted into the integrated spatial characteristics that correspond to diverse urban water environments. The cases of Vancouver, Canada; Berlin, Germany; and Rotterdam, Netherlands were selected to examine the spatial characteristics that respond to diverse urban water environments. These cases highlight the value of making citizen-friendly waterfront spaces, particularly through public, water-friendly areas. In terms of the analysis, the artificial urban environment resulting from urbanization is identified as the primary concern, leading to the distortion of the natural water flow. Thus, an integrated spatial planning for urban water environments is presented in response. Central to this planning direction is the concept of leveraging subterranean spaces and pedestrian pathways, reflecting water's physical characteristics in the urban environment. Additionally, the proposition of a water storage plaza serves as a preventive solution to urban flooding. In conclusion, this study anticipates the gradual realization of spatial planning direction that can prevent the increasing urban flooding and promote the activation of urban water spaces.

9・11 소설의 도전과 한계 소설의 매체성과 서사의 다원성

조충환 영미문학연구회 2019 안과 밖 Vol.0 No.47

Novelists who narrate 9/11 have often struggled with two different issues. The first is a common dilemma of writing about real events. The writer must keep in mind their moral responsibility to portray the disaster, which resulted in the sacrifice of innocent lives, in such a way that does not re-traumatize those who survived and respects those who are deceased. The second is 9/11’s unique characteristics as a visual event which was broadcast live all over the world. Novelists need to overcome the visual spectacle of the event while trying to adopt visual elements and while temporality highlighting everyday life at the same time. To begin, novelists adopted experimental methods and alternative narrative strategies to portray Americans’ trauma from 9/11. Extremely Loud & Incredibly Close takes advantage of visual elements such as pictures, editing style and numbers. Windows on the World describes the victims who were trapped in the World Trade Center in chapters which each represent a minute. Falling Man narrates the survivor’s story in the form of twisted timeline like the Mobius strip. In addition to that, the novels such as A Disorder Peculiar to the Country, The Writing on the Wall and Self Storage portray individuals who didn’t experience 9/11 directly but have been affected by the aftermath of 9/11 with a detailed description about their everyday life. However, these novels were criticized because they mainly reflected the perspective of white Americans. Conversely, novels such as The Reluctant Fundamentalist, Home Boy, Netherland and Once in a Promised Land all narrate 9/11 from the point of view of non-white American immigrants and shows how 9/11 has affected minority immigrants’ everyday lives. Another example is The Submission which portrays diverse and complicated responses to 9/11 by describing various characters from different races, classes and genders. All of these novels shed light on the aftermath of 9/11 through the eyes of immigrants. As fifteen years have passed since 9/11, the tragedy has changed from a contemporary event to a historical one. American young adult fiction has provided interpretations of 9/11 for its target audience that doesn’t recall 9/11 as a personal experience, either because they were not yet born or too young to remember their own experience.

Revisiting Joint Security Area: The South Korean Blockbuster and the Birth of “Norientalism”

조충환 문학과영상학회 2023 문학과영상 Vol.24 No.1

In 2000, the South Korean movie Joint Security Area (hereafter, JSA) achieved both commercial and critical success. The movie illustrates fictional fatal accidents between South Korean and North Korean soldiers in the DMZ (Demilitarized Zone) based on mysterious plots. JSA was screened immediately following the summit talks between North and South Korea in 2000, and it served as a milestone for the hoped-for reunification between the North and South. However, compared to its source novel DMZ, and with its implications about the real Joint Security Area and DMZ as the border between the two countries, JSA’s reception as a “Korean blockbuster” and “well-made movie” (a high production movie in Korea) reveals South Korea’s problematic attitudes toward North Korea. This movie marked a change in South Korean attitudes toward the North. No longer seen by South Koreans as fearful “monsters,” North Koreans became humans, albeit ones who symbolized “boorishness” and “inferiority.” Whether intentionally or unintentionally, the movie contains South Korea’s distorted attitudes toward North Korea: South Koreans regard North Koreans as “Others” yet presume that they share the same culture based on their shared race. However, the standard of cultural “same-ness” among Koreans of the same ethnicity has always been intertwined with South Korea's perceived cultural superiority over North Korea. This attitude can be defined as “Norientalism,” or Orientalism toward North Korea, a form of semi-imperialism. As we learn from imperialism’s history, exploitation begins after recognizing “Others” not as monsters, but as humans. Semi-imperialism has been a fundamental attitude not only in the Korean reunification debates, but also in recent representations of the North in South Korean popular culture. In this context, JSA foreshadowed South Korean’s shifting attitudes toward North Korea.

방광파열 29례

조충환,김태곤 大韓泌尿器科學會 1983 Korean Journal of Urology Vol.24 No.6

음경골절의 치료경험 2례

조충환,김영선,김태곤 大韓泌尿器科學會 1983 Korean Journal of Urology Vol.24 No.6

지속적 심정지 환자에서 체외 생명 보조 장치를 이용한 성공적 심폐소생술

조충환 대한마취과학회 2005 Korean Journal of Anesthesiology Vol.49 No.2

9·11 소설의 도전과 한계 : 소설의 매체성과 서사의 다원성

조충환 ( Joe Chung Hwan ) 영미문학연구회 2019 안과 밖 Vol.0 No.47

Novelists who narrate 9/11 have often struggled with two different issues. The first is a common dilemma of writing about real events. The writer must keep in mind their moral responsibility to portray the disaster, which resulted in the sacrifice of innocent lives, in such a way that does not re-traumatize those who survived and respects those who are deceased. The second is 9/11’s unique characteristics as a visual event which was broadcast live all over the world. Novelists need to overcome the visual spectacle of the event while trying to adopt visual elements and while temporality highlighting everyday life at the same time. To begin, novelists adopted experimental methods and alternative narrative strategies to portray Americans’ trauma from 9/11. Extremely Loud & Incredibly Close takes advantage of visual elements such as pictures, editing style and numbers. Windows on the World describes the victims who were trapped in the World Trade Center in chapters which each represent a minute. Falling Man narrates the survivor’s story in the form of twisted timeline like the Mobius strip. In addition to that, the novels such as A Disorder Peculiar to the Country, The Writing on the Wall and Self Storage portray individuals who didn’t experience 9/11 directly but have been affected by the aftermath of 9/11 with a detailed description about their everyday life. However, these novels were criticized because they mainly reflected the perspective of white Americans. Conversely, novels such as The Reluctant Fundamentalist, Home Boy, Netherland and Once in a Promised Land all narrate 9/11 from the point of view of non-white American immigrants and shows how 9/11 has affected minority immigrants’ everyday lives. Another example is The Submission which portrays diverse and complicated responses to 9/11 by describing various characters from different races, classes and genders. All of these novels shed light on the aftermath of 9/11 through the eyes of immigrants. As fifteen years have passed since 9/11, the tragedy has changed from a contemporary event to a historical one. American young adult fiction has provided interpretations of 9/11 for its target audience that doesn’t recall 9/11 as a personal experience, either because they were not yet born or too young to remember their own experience.