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KERD
논문KCI 등재

행정검시와 해부명령에 관한 현행법령 고찰

Review of Legal Codes Governing Administrative Death Investigations and Autopsy by Administrative Order

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참고문헌

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초록

Under current law, there are two paths for death investigations: administrative and judicial. A proper death investigation system is essential to the establishment and maintenance of the human rights of those involved and to enhance the credibility of the judicial system as a source of ensuring the security of society. These objectives are accomplished through the accurate, professional, and systematic management of death investigations by qualified experts. The present study aims at reviewing and uncovering the limitations of the current legal codes governing administrative death investigations and autopsy by administrative order. The main problem being that no clear legal statements exist regarding the qualifications of persons responsible for administrative postmortem inspections and administrative autopsies; the problem is the same for any death related to crime. At the conclusion of this paper, the authors propose that legal codes regarding the scope of postmortem inspections or autopsies to determine the cause and manner of death should be clearly defined, and that the qualification standards for experts examining any desceased individual should be legislated.

Abstract

Under current law, there are two paths for death investigations: administrative and judicial. A proper death investigation system is essential to the establishment and maintenance of the human rights of those involved and to enhance the credibility of the judicial system as a source of ensuring the security of society. These objectives are accomplished through the accurate, professional, and systematic management of death investigations by qualified experts. The present study aims at reviewing and uncovering the limitations of the current legal codes governing administrative death investigations and autopsy by administrative order. The main problem being that no clear legal statements exist regarding the qualifications of persons responsible for administrative postmortem inspections and administrative autopsies; the problem is the same for any death related to crime. At the conclusion of this paper, the authors propose that legal codes regarding the scope of postmortem inspections or autopsies to determine the cause and manner of death should be clearly defined, and that the qualification standards for experts examining any desceased individual should be legislated.

참고문헌 (8)

  1. The realities and reform of death investigation system, "Toh JJ", Korean Institute of Criminology, 11~182 (2005)
  2. 김헌진, "행정검시제도 개선방안", 한국콘텐츠학회 논문지, 12(2), pp.276~283 (2012), 한국콘텐츠학회
  3. 구향자, "국가간 ‘불명확한 사망원인’요인과 검시제도가 사망원인통계품질에 미치는 영향", 형사정책연구, 22(1), pp.173~199 (2011), 한국형사법무정책연구원
  4. 김윤신, "시체·검시·사인확인제도에 과한 국내 법령 고찰", 대한법의학회지, 42(3), pp.77~91 (2018), 대한법의학회[DOI]
  5. Moon GJ, "Moon's modern forensic medicine", pp.6~24 (1995), Ilchokak
  6. "Korean dictionary" (2018)[URL]
  7. Chae JM, "Textbook of legal medicine", pp.23~38 (2007), Jungmunkag
  8. Seo YI, "Reform of medicolegal death investigation system in Korea: on the professionalism of involved personnel", J Forensic Investig Sci, 1, pp.44~56 (2006)

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