인권보장면에서 현행 검시제도의 개선방안

Abstract

Our country's autopsy system has a great problem about independence and professionalism in the aspect of substantially discovering truth and guaranteeing human rights. Even in the position of workers for autoptic duty, its fatigue and dissatisfaction with task already reached a critical situation due to poor environment and treatment. With the implication that came to be obtained by considering autopsy of each country here, the aim is to suggest improvement plans as follows for the current autopsy system. First, with regards to the main agent of autopsy, to guarantee its objectivity in light of importance of autopsy system, it is desirable to leave it to the independently separate institution through enacting the single law for securing independence or enacting criminal procedure law, which prescribed the main agent of autopsy as public prosecutor. Second, as for a law pertinent to autopsy, enacting new law is thought to be the best plan such as having the regulation of establishing the independent autoptic institution, which leaves the autoptic agent to death investigation specialist(forensic expert), the regulation related to training professional autopsy specialist, the regulation pertinent to autoptic investigator, and the specific regulation on a subject of autopsy. Third, a medical examiner, which was introduced from 2005 by the National Police Agency, investigates into a body by going to the field together with a judicial police officer and does the task of preparing its result report, but is in the real situation of performing by dividing the task, which is conventionally performed by identification detective of belonging to forensic science. To discover substantial truth and guarantee human rights through securing independence and guaranteeing professionalism in the main agent of autopsy in the long term, it is a desirable plan to scrap the coroner system of belonging to the police and to have the autoptic investigator system in the independent autopsy agency of having death investigation specialist(forensic expert) as the main agent of autopsy. Fourth, to continuously train a doctor of majoring in forensic medicine in relation to a plan for the lack of forensic medicine doctor and for securing manpower, a plan of adopting forensic pathology specialist system is needed by increasing a school of having classroom of forensic medicine within the college of medicine and allowing autopsy of forensic medicine to be possible.