변사자 검시에 있어 천자 행위의 법적 성격과 활용 가능성 검토

Abstract

In this study, the legal nature of the act of puncture that can be performed as part of the postmortem investigation method for the unnatural deceased and the possibility of its use were considered. The act of puncture is an invasive examination method that may cause damage to the body of the deceased, but the extent of damage is not large and the data about analysis of puncture can be useful to determine the exact cause of death or whether to proceed to the autopsy stage. However, as one of the methods of postmortem investigation, the act of puncture has the same characteristics as investigative verification, so if it is a forced investigation, a warrant must be issued before and after the act of puncture. If a certain medical professional performs the puncture, and if the detailed procedures and methods are determined and implemented in advance, it will contribute to the rapid and accurate determination of the cause of death in a legal basis. A postmortem examiner with medical expertise will be responsible for sample collection by puncture, and the postmortem examiner may directly conduct sample analysis at a certain analysis facility or request a separate forensic science analysis agency. On the other hand, although sampling and analysis by puncture will be very helpful in identifying the cause of death, it should be recognized that it is a complementary method of external autopsy of the corpse and is only used as useful judgment data related to autopsy, and is not a substitute for autopsy.