주요국의 화재조사 및 방화수사제도 비교 연구 - 미국, 일본, 영국, 독일, 프랑스와의 비교를 중심으로 -
Comparative Study on Fire Investigation System in Major Countries - Focused on Comparisons with the US, Japan, UK, Germany and France -
0
조회
0
다운로드
2
인용
0
참고문헌
키워드
초록
Because the evidence is burned out in the field of fire events unlike other crimes, it is very difficult to specify a criminal and estimate the fact of an offense. Thus, professional knowledge and a high degree of reasoning are required. It urgently needs to strength investigation skills for fire events in reality that evidence trial based on trial judge is emphasized today. Therefore, it is significant to investigate the actual state of fire and arson investigation system in Korea, identify the problems in the light of systems in advanced countries and propose the implications of fire and arson investigation system of each advanced country. This paper classified the investigation on the fire cause investigation and arson event which was identified to be caused by arson into step-by-step investigation procedures, and investigated how investigation of fire events and arson events is conducted on the focus of fire protection agency and police agency in Korea, the US, Japan, the UK, Germany and France. As a result, responding to fire events in advanced major countries is different based on the social and cultural characteristics, foundation of criminal law and administrative system in each country. Thus, Korea needs to establish the institutional framework to cooperate smoothly in a fire investigation with fire protection agency and police agency based on current situation, broaden the public fire investigation to give expertise, and develop private fire investigation agency such as fire insurance company or private investigators.
Abstract
Because the evidence is burned out in the field of fire events unlike other crimes, it is very difficult to specify a criminal and estimate the fact of an offense. Thus, professional knowledge and a high degree of reasoning are required. It urgently needs to strength investigation skills for fire events in reality that evidence trial based on trial judge is emphasized today. Therefore, it is significant to investigate the actual state of fire and arson investigation system in Korea, identify the problems in the light of systems in advanced countries and propose the implications of fire and arson investigation system of each advanced country. This paper classified the investigation on the fire cause investigation and arson event which was identified to be caused by arson into step-by-step investigation procedures, and investigated how investigation of fire events and arson events is conducted on the focus of fire protection agency and police agency in Korea, the US, Japan, the UK, Germany and France. As a result, responding to fire events in advanced major countries is different based on the social and cultural characteristics, foundation of criminal law and administrative system in each country. Thus, Korea needs to establish the institutional framework to cooperate smoothly in a fire investigation with fire protection agency and police agency based on current situation, broaden the public fire investigation to give expertise, and develop private fire investigation agency such as fire insurance company or private investigators.
참고문헌 (18)
- 2012 화재발생현황, "소방방재청", ~ (2013)
- 대검찰청, "2012 범죄분석", ~ (2012)
- 박창순, "화재조사 및 수사체제의 문제점과 개선방안", 한국경찰학회보, 5(1), pp.37~60 (2003), 한국경찰학회
- 이의평, "일본의 소방, 경찰기관에 있어서의 화재조사", 한국법과학회지, 3(2), pp.102~130 (2002)
- DeHaan, John D., "Kirk’s Fire Investigation, 7th Eds" (2011), Pearson Education
- 소방기본법, "법률 제11690호", 2013년 3월 23일 개정, ~ (2013)
- 소방기본법 시행규칙, "안전행정부령 제3호", 2013년 3월 23일 개정, ~ (2013)
- 일본 소방법, "법률 제38호", 평성24년 6월 27일 개정, ~ (2012)
- 화재조사 및 보고규정 제3조, "소방방재청 훈령 제181호", 2009년 7월 7일 개정, ~ (2009)
