형사상 검시제도의 개선 방안 연구 - 신고의무자 확장을 중심으로 -

Abstract

< ABSTRACT > A Study on the Improvement of Postmortem Investigation : Focusing on the expansion of reporting obligations This study was conducted for the purpose of seeking a 'expansion of reporting obligations' so that the subject of postmortem investigation is not omitted to reduce a wrongful death. The doctor issued a death certificate with the opinion of "natural death" on the death certificate, and later the bereaved family reported that there was a suspicion of a crime. Thus, there were cases where the investigation was difficult because of the late reporting. So research is needed for supplementary measures. Among those who carry out continuous and repetitive tasks related to the body, only medical personnel under the 'Medical Service Act' are obligated to report to investigative agencies. In the process of reviewing foreign cases, Funeral Director's reporting obligations and punishment laws were identified in some state laws belonging to the United States, and the death registration officer's reporting obligations were identified in the past legal provisions of the UK's Birth and Registration Act 1953. Referring to this, it was proposed to establish a new provision for reporting obligations to the police when "suspicious of unnatural death" is found in the course of work of "funeral director" in the "Act on Funeral Services" and "person who handles death registration affairs" in the "Act on Registration of Family Relations". In addition, in order to clarify the subject of reporting and postmortem investigation, an attempt was made to re-establish the 'concept on a body of unnatural death'. At each stage of police practice, the mixed state of the terms 'corpse' and 'body of unnatural death' was confirmed through statistics. Therefore, the temporal criterion for concept establishment was based on the time when the occurrence report was recorded in KICS(Korea Information system of Criminal-justice Services). In conclusion, "body of unnatural death" was defined as “the body of a person who died of a factor other than the disease, and a body that has been determined to have died of the disease but is suspected of a crime." And it was proposed to use the term 'unidentified body' for corpses prior to the time of recording in KICS. And it was proposed to include this term in the 'Regulations Concerning Disposition of a Case of Unnatural Death'. It is hoped that this study will help reduce unfair deaths through 'expansion of reporting obligations' and clarify the scope of the 'dead body' subject to postmortem investigation. Key words：body of unnatural death, unidentified body, postmortem investigation, legal system of death reporting, a person with an obligation, funeral director