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차시환 김천대학교 2010 김천대학교 논문집 Vol.30 No.-
In this study, especially during the fire accident, with distinguishing arson from accidental fire, arson is one of the violent criminal so this study try to research that ; in spite of the arson, fire officers and police officers at the scene can not clarify substantial cause of the accident unless there is real evidence or witness, because they treated the case as unknown or accidental fire. Cases that are really hard to reveal signs of murder, cause of suspect who com-mit arson after the murder to conceal it have increased. And cases of suffering unfairness due to insurance fraud that is designed on insurance payment using vulnerability of fire insurance are more and more increasing. There is no exact data about the lack of expertise in fire investigations and the case of stolen insurance money from good insurance members. So this study try to analyze that compart to foreign examples, our country's arson and accidental fire type and cases. And thus this study try to support theoretically (admissibility of evidence) that after the fire accident, survey results from the first incident until the investigation is responsible for the substantive out the truth.
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차시환 ; 추볼조 ; 정신교 김천대학교 2013 김천대학교 논문집 Vol.34 No.-
Unlike crimes is which there is a specific victim, organized crime or these regarding corruption are conducted in an organized fashion, and thus it is hard for people other than the accomplice to provide direct evidence for the crime or for law enforcement to expect the accomplice to testify even with the possible danger of self-incrimination In order to cope with this phenomenon, there is discussion about the system which gives a immunity or a less severe punishment to the criminal who contributed remarkably to determine the entire picture of the crime. there are several systems which are analogous to that, such as perpetuation of evi-dence, suspension of indictment, however, they have too considerable drawack to derive a voluntary aid efficiently from the criminal. Recently, the ministry of justice proposed to amend the criminal law and the criminal procedure law. We will achieve the desired outcome if we make a law concretely and clearly through a full discussion about anticipated problems, and reconsider the problems that might occur after the implementation of this system.
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차시환 ; 추봉조 ; 정신교 김천대학교 2014 김천대학교 논문집 Vol.35 No.-
There is increasingly high a Crime Rate of Alcohol Impaired Driving and habitual Alcohol Impaired Driving in Korea. But It was a very simple measures and ex post pun-ishments about these problems in Korea. To form a society, it is necessary to have elements of cohesion and unity at the sametime. In order to make the society cohesive and harmonious, regulations and orders should be established. In other words, society should have rules to regulate behavior of citizens. The regulating society is one of roles that politics play. The criminal law is the law which covers the crime and punishment respond to it. So this has the function to protect the interest in thelaw. It is well presented as "nullum crimen, nulla poena sine lege". The principal of legality is adopted to the positive law and the code of legal process. Therefore this principal must be adopted to the both the pos-itive law and the code of legal process. This situation leads to the discord in the both law. Therefore a theory is not accord in the both. If we support the theory of the recognition, we easily accept the theory that the intention is presumed. But we accept the theory of toleration in the positive law, and so the point at issue in the theory of recognition. So we don't support the theory of the recognition. But it is profitable of the proof's liability of a prosecuting attorney. That is the strictness
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車時煥,金容旭 慶熙大學校 1990 論文集 Vol.19 No.-
For the stabilization of leachate from municipal landfill treatment plants aerobic and anaerobic sludge digestion processes have been applied in mesoplilic temperature range. Uncertainty of the dynamics of leachate production has led to difficulties in the design and in plematation of control strategies, including full-scale leachate treatmente aperation. The general process, in order to control pollution effectively, require long retention time(10∼20days). In this study, thermal thermophilic aerobic digestion process for stabilization of study is a developed process based on the utilization of released heat from bio oxidation of organic matter to increase the process temperature in the therphilic temperature range(50-60℃). Possibility of pretreatment with coagulant including Chitosan solution, CaCO_3 and Diafloc mixture was tested on this raw leachate and aerated leachate. The results are summarized as follows. 1. Thermal thermophilic aerobic digestion temperature 50-60℃ at operation. 2. Effective for Chitosan solution, CaCO_3 and Diafloc of various flocculant at rapid mixing period 5 to 10 minutes. 1) Chitosan with 0.2mg/ℓ was resulted 97% removal of turbidity at pH 8. 2) When flocculant is used but COD and BOD was increasing after aeration. The major advantages of this study are process design for the destruction of pathognic micro organism normally contained in the leachate.
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추봉조 ; 차시환 ; 정신교 김천대학교 2014 김천대학교 논문집 Vol.35 No.-
With women and children for sexualtypical case of rape cases on the rise in our soci ety continue to Yongsan child abuse cases since 2000 (2006.2), the amount Hye, arts events (2007.12). sexuesin case (2009.12), szimgiltae case (2010.2), gimsucheol case(2010 6), Gwangjin housewife murder (2012 08), and the like. May exacerbate the anxiety and fear of the people, for the crime. Accordingly, var- ious measures have poured out competitively government and parliament. Identifying sex offenders, especially public institutions in 2000, 2007 Electronic Monitoring System, in 2010 DNA Database System. 2011 drug treatment is also being implement-ed and the like. The problem is also important to have emerged more powerful than the correspond- ing criminal sanctions to the atrocious crimes of sexual violence, but this is getting so angry criminal sanctions for human rights violations, according to the information is dif-ficult to carry, and also the effectiveness of the policy is to ensure the problem The sit-uation facing the. And now became so difficult to understand the complex system of legal experts and law-related sexual crimes. This study is the analysis, we propose a method to incorporate the structural prob-lems of the Penal Code and the Criminal Penal Code and special laws and regulations in the country for sexual offenses, and review current legislation on sexual violence against international crime. This study analyzes what the nature of the crime of sexual violence response plan that is currently being implemented in the country know, and the problem of comparative legal study such as this throughout the United States, Germany, Japan, the major crimes of sexual violence response system, including the criminal We present a countermeasure for our sexual reality.
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정신교 ; 차시환 ; 추봉조 김천대학교 2011 김천대학교 논문집 Vol.32 No.-
The primary purpose of the national real estate brokerage system with their real estate transaction is to take place safely and quickly. Real estate transactions to take place quick-ly and safely, the real estate deal in terms of things there should be no problems with rights, and acquired real estate acquired to be utilized appropriately for the purpose will be that. This paper is analysis the type of prohibited and practices of real estate Broker's law and criminal penalties for violations of this regulation is for the Discussion Korea's Real Estate Section to be recognized as a professional is needed to compen-sate the institutional, real estate broker's aggressive penalties for the illegal acts must be present. Despite of clear evidence of the existence of penalties and the alleged discovery, because it's difficult to prove a direct criminal penalties will be difficult. Therefore, Real estate strict penalties for the illegal types are needed. And it is also needed for improved methods of investigation. And the ethics of real estate brokers is essential.
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정신교, 추봉조, 차시환 김천대학교 2012 김천대학교 논문집 Vol.33 No.-
ISP is Internet operators means that If you have access to the Internet to take advantage of the general users, businesses, institutions, organizations, etc. Typically refers users to Internet access, Web site hosting, search engines, bulletin board system provides various services, such as those that provide through the Internet. This paper examined ISP's civil liability and criminal liability from point of view of the Criminal Act. As a result, ISP's Criminal liability shall be limited to aiding and abetting by omission' only when ISP's access and control against illegal contents objectively admit-ted. The damage of defamation using the internet is so quick and extensive that in many cases the results from human rights violations due to it happen to be gone to an irreversible state to recover. The thing that will need to be preceded before the criminal law restriction on internet defamation, is the freedom of speech and harmonizing issues It is difficult to draw the exact line for the collision between freedom of speech on the Internet and rights of respect for individuals. In other words, defamation issues should be dealt carefully to protect rights of respect for individuals because cyber space doesn't permit an individual infinite freedom of speech. Basically admitting freedom of speech, a limited responsibility should be asked within the boundary of not violating a personal honor.
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