この事故の6日前、同じ場所で別の男児がブロックと石の間にはさまる事故があり、国土交通省静岡河川事務所が石を詰めたネット状の袋をブロックの上に載せてすき間をふさいだが、朝比奈君はトンネル状のすき間に吸い込まれた。

 両親側は国に対し、〈1〉最初の事故後、職員を配置して危険を知らせるなど安全を確保すべき義務があった〈2〉ネット状の袋をブロックの上に置いたためにブロックとブロックの間のすき間が排水口のようになり、急激に水が流れ込み危険を増幅させた――などと主張。国側は「川を利用する場合、危険回避は原則として利用者の責任」などとしていた。

 記事だけでは事故の状況がいまいちよくわかりませんので単なる印象的エントリですが、
 こういう裁判こそ裁判員制度でやるべきではないのかな、と思います。

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コメント(702)

  河川域での利用者の危機能力にもかかわる問題とも思われます。

 メンテナンスからは、三面コンクリート張り工法が、良いことになりますし。 旧工法のブロック組み、石組みなどは、メンテナンスが短い時間で必要となります。予算との兼ね合い、工法技術者の有無もございます。

 河川等水域には、高いフェンスで囲むと言う事も有りましょう。

 この辺は。合意形成が出来て、いるかで変わって来ることでしょう。 

  私は、冷血漢か。

>こういう裁判こそ裁判員制度でやるべきではないのかな、
>と思います。

うーん。
なぜ裁判員の意見が必要なのかがわかりませんでした。
ご教授いただきたく。

※本来河川工事を着工する前に行われるべきだった
 市民との合意形成を裁判員を通して裁判で後追いで
 実施することで、判例に箔付けするため?
 でも裁判員制度って初審だけですよねぇ...

 本件はリスクマネージメントの問題だと思うからです。
 河川における危機管理のあり方について、国民的コンセンサスはどのあたりにあるのか、またどうあるべきなのかについて、国民(一般市民)の立場から考える必要があるのではないのかな、という意味です。

 なお、この問題については、最近ちらちら見ている池田信夫 blogの「リスクのきらいな日本人」が参考になると思います。

 日本人のローリスク志向というのは経済問題だけでなく、多くの場面で表れているように感じます。

 なお、同エントリの最初の6行は池田氏いわくイントロだそうですから無視していいと思われます。

>〈2〉ネット状の袋をブロックの上に置いたためにブロックとブロックの間のすき間が排水口のようになり、急激に水が流れ込み危険を増幅させた

 リスクマネージメントの共通項で言いますと、「詰めが甘く隙間があると流動物が殺到する」というテーゼです。安全のためには詰めの手間を惜しまないようにしましょう。そうでないと↓
=======================================
 ネット上のズタ袋意見をブログの上に載せたために意見や論旨の間のすき間が排水口のようになり、急激に突っ込みや批判が流れ込み論旨崩壊の危険を増幅させた
=======================================

ハスカップさま。

 爆笑させていただきました。 お礼いまで。

 やはり、直線化して、3面強化コンクリート張りにしなくては。ズタ袋意見を乗せた者として 当分、謹慎いたします。

 2/20 17:58 静岡第一テレビ

http://www.tv-sdt.co.jp/nnn/news8801564.html

http://www.tv-sdt.co.jp/nnn/movie/news8801564.html

 謹慎に戻ります。

>  なお、同エントリの最初の6行は池田氏いわくイントロ
> だそうですから無視していいと思われます。

無視するには惜しいほど香ばしゅうございましたので、先方の
コメント共々堪能させていただきました。いやぁ本当に良いも
のをご紹介いただきました。誰が読んでもそう思うという意味
で、〇gura氏(プライバシー保護の観点から一部伏字とさせて
いただきました。悪しからず)に対する客観的な評価が簡潔に
綴られていたと思います。

ところで、

> 河川における危機管理のあり方について、国民的コンセン
>サスはどのあたりにあるのか、またどうあるべきなのかにつ
>いて、国民(一般市民)の立場から考える必要があるのでは
>ないのかな、という意味です。

 拝承です。が、コンセンサスに判例という形式と強制力を持
たせることや、裁判という場で議論するのが妥当なのか?とい
う疑問は依然としてあるのだろうと思います。
もうちょっと詳しく言うと、

(1)そもそも複数の異なる価値の間で妥協を図る手法その
   ものを裁判で判例として制約できるのか?(裁判員
   制度と無関係な部分)

(2)国民の意見を行政に反映させるために、裁判員による個
   別案件の評価をという手段を使うのが妥当なのか?
   (裁判員制度とかかわる部分)

の2つの部分が疑問で、私はどちらも否定的に考えています。

 本来、法の示す価値を社会的に実現する目的で、種々の利害
関係を調整し、当事者間で合意に至ることは行政(と領域によ
っては立法)の仕事の大きな柱のひとつでしょう。確かに制度
疲労や機能不全の結果としての残念な事象は後を絶たないと
の向きもあるとは思いますが、それは司法の介入のような手法
ではなくて、行政システムの不具合対策と改善といった手法の
結果を待つ以外に無い様な気がします。
 このような性質の案件に裁判員制度の下とはいえ裁判による
判決で決着を試みるというのは、「疾病による不具合を軽減す
る目的で患部の切除を試みる」と言いつつ、なぜか外科医がメ
スの代わりにチェーンソーを持っているように見えるのです。
多分、判決はそのくらいの破壊力はあると思います。
 また、このたとえでいくと、いかに相手が使い手であっても
外科医がメスを振り回している分には、交番のおまわりさんも
持っている警棒で太刀打ちできそうな気がしますが、
いかに相手が素人でも外科医がチェーンソーで破壊行為に
勤しんでる場合だったら機動隊の盾や兜やプロテクタなど
気休めにもならないでしょう。
その意味で、裁判員による行政評価の試みは「政府ガード」の
アップグレード(というか行政機関の利害調停機能の硬直化)
に繋がるだけのような気がしてならないのです。
※うーむ、「北風と太陽」で良かったような気もする。

>爆笑させていただきました。 お礼まで。

 (^^ゞポリポリ

>当分、謹慎いたします。

 そんなことをおっしゃらずに。m(_ _)m
 このスレは多方面の専門家が参加されたりROMされていますが、広義の物理工学(機械工学、土木工学など)系の専門家が比較的少ないので、ぜひ参加を続けてください。
 土木工学・河川工学でいえば、私も今回の応急修理の工法は予算の制約内でやったためか、流体力学の検討が不十分だったと真っ先に思いました。やむなくバンテージ処理するなら立ち入り禁止リープで囲むことも必要だったでしょう(道路工事現場でよく見かける例のものです)。
 地方自治体や中央省庁のある部署は、ダム建設の安全性を審査するために、「ダム工学」とも俗称されるダム建設に特化した土木工学や流体力学や河川工学などの知識が必要となるせいか、今回の事件ではベルヌーイの定理とオイラーの方程式が真っ先に浮かびました。
 「堤防も蟻の一穴から」と言われるように、水のような一定の粘性をもつ流体は、不思議と耐圧応力が弱い部分(たとえばピンホールやスラグ入り壁面)に慣性が集中します。それが今回の不幸な「吸い込み」を助長したものと思います(素人意見ですm(_ _)m)。
 その対策をつらつらと愚行しているときに、危機管理のテーゼに行き当たり、「流体とは人の意見と同じだ」w(゚o゚)wと気付き前投稿のジョークに至ったわけです。
 ディベート学でも「ヒット・ゼム・オフン&ヒット・ゼム・ハード」のテーゼで「対立者の論理や事実認定の弱点(穴:ホール)は執拗に繰り返し叩け」という日本ではエゲツナイとされるものすらございます。(2chやネット討論で横道ばかり粘着して叩く人が多いのもこの理屈かとw)
 参考にならない愚考までm(_ _)m

と、先ほどのエントリで書いてみたものの、
これだと、司法制度の理解を伴わないまま批判している
「なんとなく司法不信」と変わらないですね。
とにかく、現状に比べて、より広い範囲で、より多様な価値に
関する国民的合意が行政に反映されるべきだという点は賛成し
ます。

 私は、土木工学の専門では有りませんが。その方たちと仕事はします。

  本件は、水制工(不とうか過水制)と呼ばれる構造物です。 画像を見る限り、コンクリートブロックを積んだ物か、自然石を積んだ物か確認はしづいらいのですが、上部の一部が、欠落したようで、その分の水流が当然に早く強くなる事は、皆様も経験上ご存知の事と思います。 その分に土嚢?、石詰めネットを置いて対処していたようです。 これを置いたために、隙間の水流が早くなったため、その流れに吸い込まれたようです。そのために、落水し、構造物の真下のバックウォッシュに引き込まれたようです。バックウォッシュに入りますと、水面下へ押し込まれます。

 ただ、現在は、コンクリート材は使わず、自然材が推進されています。 上部も平面にせず、凸凹を付けた工法を用いますし。 

 立ち入り禁止の看板は必要だったようです。 これは、見解が分かれるかも知れません。 


下記参考資料
http://www.k3.dion.ne.jp/~b14/rescue/study/study1/study1.htm

※下記の項を参考にしてください。

①床止工

床止工は、事例分析でも示したように、転落事故の可能性が高い個所の一つである。豊平川の場合、7基の床止工が設置されているが、本実験では1号床止工と5号床止工を用いた。1号床止工(写真-2)は、天端のコンクリートおよび落差部分に不規則な凹凸があるために、下流のバックウォッシュの発生状況に強弱ができている。5号床止工は、天端のコンクリートが直線状であるが、中央部分に魚道を目的とした切り欠きが設けられており、切り欠き部分の下流には流速の早いシュートが形成されている。しかし、その部分を除く天端の下流には、一様なバックウォッシュが形成されている。全体的には、図-4のような水面流速の分布となっている。

国側は「川を利用する場合、危険回避は原則として利用者の責任」などとしていた。
オマエラがイラン事川いじってなければその通りなんだがな。と、国土交通省は敵だと思い込んでいる野田知佑信者の釣り師が短絡的にほざいてみるてすつ。
河川等水域には、高いフェンスで囲むと言う事も有りましょう。
ああ鬱陶しい。川に嵌って死ぬのは個人の自由だろが。<もちろん事後にごちゃごちゃ言わない義務とセットで。 まあそれはそれとして、川に入るからにはライフジャケット着けるくらいの危機管理は必要ですよね。吸い込まれた、となると着けててもダメだったくさいですが。

ライフジャケット着は、付けないよりは付けた方が、各段位生存率が上がりますよ。 一応浮いてられますし。水温5度とかは、う~んですが。

 内水面のつりしているヒトで、ライフジャケット着の方見ませんね。ボートは別にしても。 カヤックも、低体温症対策に疑問の方も。

 以前に北洋漁業での漁船転落事故の後始末をやりましたが、甲板での操業に邪魔とライフジャケット付けないで転落して溺死された事例、耐寒ライフジャケットを装着してもマイナス5度の海水温下で凍死した事例がありました。合掌。
 河川の川下りは自動車のシートベルト規制なみに罰金刑でライフジャケットを強制するのもありだと思います。
 ただ今回の事件の場合は、詳細が分からないので不明ですが、ライフジャケットを付けていても構造物に頭部を強打したり、ライフジャケットが穴の内部でひっかかって溺死というセンもありのような気がします。いずれにせよ合掌です。
 河川の危機管理は本来自己責任ですが、小児やご老体のような危機管理弱者(交通弱者と等価)保護の観点から、侵入防止テープを張るとかして欲しかったと思います。アトヅケの理屈に過ぎませんが。m(_ _)m

   航空、海上自衛隊、海上保安庁の航空乗員は、1気圧中の水温、気体温度を、足して30度以下の気象条件時は、Cold Water Survival Aviation Suit の着用が義務付けられております。 また、海上乗務は、 Cold Water Survival Suit の着用となります。  水温0度では、 Immersion Suit となります。  

 ライフジャケットを着ていた、おかげで、構造物に打ち付けられた時に、大根おろしに、ならづに済んだ者も存じてます。これは、その時の運しだい。

 私は、疑問に思うのは、構造物と言う物は、使用目的が有り、使用者が決められている場合が多数なのですが、管理使用者の了解なく、その使用目的以外に使用した場合、決められた使用者以外が使用した場合も、管理使用者責任が問われるのか?。 と。いう疑問です。  水制工、堰堤、砂防ダム、堤防なども、使用目的が定められていますし。  
  もちろん、厳密すぎるの気持ちは有りますが、ま、ただ・・・・。  何か、う~んと言うところが。
 

内水面のつりしているヒトで、ライフジャケット着の方見ませんね。
そういやオレも鮎や渓流の時は着けてないやw。動きにくくて却ってアブナイ気がしてww<なんとゆーブーメラン
ボートは別にしても。 カヤックも、低体温症対策に疑問の方も。
11月半ばに球磨川を軽装備で下って、低体温と低血糖で帰りによった温泉の中で動けなくなった事があります。這いずるように出て、みやげ物屋の試食を貪り食ってなんとか人心地つきましたが。<迷惑な客だ…。 ちなみに野田知佑氏は、ユーコンでは、ライジャケは着けなかったそうです。沈したら低水温で岸にたどり着く前にどーせ死ぬからと。
河川の川下りは自動車のシートベルト規制なみに罰金刑でライフジャケットを強制するのもありだと思います。
事後にいちゃもんつける痴れ者がいて、あろう事かそれを司法が認める現状ではやむを得んのかもしれませんが鬱陶しい事です。

水温0度でも、北海の海でも、Immersion Suit と言う、ものがあります。 5時間は生命維持してくださいます。

 私は、某メーカーのこれを着せられて、ノルウェーのタラつりしました(遊び)。 

 ユーコン他のサーモンつりは、MUSTANG MS195が備えつけです。水温5度で、3時間は生命維持できます。 カヤックの場合、姿勢につらいものが有るようですが。 

 MUSTANG MS195は自前もあります。

 川の岸釣りのヒトは、自己責任で。家族にも言って聞かせてください(経験上、釣りする方(趣味?)で家庭関係は破壊している方もおられますが)。釣り人で訴訟起こした方いないようですから。警察の方と消防の方に、嫌な顔をされるのは、我慢してください。

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