현행 검시제도의 합리적인 개선방향에 관한 연구

Abstract

Death investigation is medical procedure and criminal procedure that is consists of a thorough examination of a corpse to determine the cause and methods of death, any disease or injury that may be present. It is usually performed by medical examiner and criminal investigation agency. Current Death investigation system is have many problems. Example for, first, there are heavy burden to pathologists of National Institute of Scientific Investigation. Second, almost local governor don't exercise about administrative death investigation authority. Thus, prosecutors have to many decisions about judicial death investigation authority. Consequently, these vicious cycle is repeated. Third, there is not clear regulations about scope for judicial death investigation. It is cause of suspicious death arguments. Presidential Commission on Suspicious Death in the Military is one of many arguments. In order to resolve these many issues, such as the following measures are needed. The measures include britain, the united states, japan's death investigation systems. First, the uniform act of death investigation is have to legislated. Second, death investigation agency is should be politically independent. And death investigation agency is should be separate from national investment agency. Third, management commission of death investigation agency is needed for management death investigation agency. The member of commission are consisted of lawyer, doctor, professor of medical school. Fourth, the member of 「death investigation agency」 are consisted of chief medical examiner, deputy medical examiner, local medical examiner. Fifth, the scope for death investigation is clearly legalized. Medical examiner is must administrative death investigation according to the law. Also prosecutor can order to judicial autopsy to medic examiner. Sixth, medical forensic is established on medical school. Seventh, the bereaved families should be guaranteed the right to appeal about death investigation.