화재사건에 있어서 형사법적 쟁점의 검토

Abstract

There are some unique aspects in arson and other crimes related to fire accidents. that is, first. most important evidence or critical data to reconstruct facts of crime usually destroyed by fire or fire fighting. and in many cases, there is a restriction on use or secure direct evidence like eyewitness. we have to depend on circumstantial evidences that have weak proving ability in criminal investigation or trials. second, in according to statistic of fire cases or other sources, as a rule, there is a assumption that the reason of all fire cases is accidents, not criminal behavior. so, in the practice of investigation & trial, we approach fire case with passive attitude. and because of proving structure in which requests proving on and against crime at one time, we have difficult to solve cases. third, during a fire investigation, we need a technical & scientifical expertise above comprehension of lay person. by these reasons, we can see the low arrest or conviction rate in arson,etc., to compare to other crimes. in this study, considering the unique aspects of fire investigation & arson or other crime related to fire, I'll introduce and recommend appropriate investigative & facts finding methods in fire crimes, expecially, about responsibility of supervisors or directors in criminal negligence cases and unique function of fire origin in facts finding.