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논문KCI 등재

시체·검시·사인확인제도에 과한 국내 법령 고찰

Review of Legislation and Regulations Governing Postmortem Inspection and Death Certification

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초록

The official investigation of death and the certification of the cause of death are among the most critical roles played by the government in maintaining public safety, carrying out public health surveillance, and compiling national health statistics. Currently, Korea has no single comprehensive act governing the postmortem examination system. Therefore, there might be some discord, contradiction, or defect in the current legal regime governing the examination of dead bodies. The authors reviewed various legislative instruments that contain the words, “death,” “corpse,” “autopsy,” “death investigation,” and “cause of death” by searching the website of the National Law Information Center (http://www.law.go.kr), which is run by the government. The authors found 64 laws and rules, of which 47 were reviewed for this study, after ensuring relevance to the subject. After a review and comparison of the acts and rules, the authors point out the discords, contradictions, and defects in the current legal regime on corpses and death investigations. They then present the need for a single comprehensive legislation addressing postmortem examination.

Abstract

The official investigation of death and the certification of the cause of death are among the most critical roles played by the government in maintaining public safety, carrying out public health surveillance, and compiling national health statistics. Currently, Korea has no single comprehensive act governing the postmortem examination system. Therefore, there might be some discord, contradiction, or defect in the current legal regime governing the examination of dead bodies. The authors reviewed various legislative instruments that contain the words, “death,” “corpse,” “autopsy,” “death investigation,” and “cause of death” by searching the website of the National Law Information Center (http://www.law.go.kr), which is run by the government. The authors found 64 laws and rules, of which 47 were reviewed for this study, after ensuring relevance to the subject. After a review and comparison of the acts and rules, the authors point out the discords, contradictions, and defects in the current legal regime on corpses and death investigations. They then present the need for a single comprehensive legislation addressing postmortem examination.

참고문헌 (8)

  1. 임규옥, "한국검시제도의 문제점과 개선을 위한 제안", 형사정책연구, 14(4), pp.247~280 (2003), 한국형사법무정책연구원
  2. Moon GJ, "Moon's medicolegal investigation of death", pp.10~13 (1987), Chungrim
  3. [URL]
  4. Chae JM, "A textbook of legal medicine", pp.23~38 (2007), Jungmunkag
  5. Moon GJ, "Moon's modern forensic medicine", pp.6~24 (1995), Ilchokak
  6. Lee SY, "Inadequacies of death certification: the role of forensic pathologist", Korean J Leg Med, 26, pp.72~79 (2002)
  7. Kim YS, "Analysis of 12 autopsy cases related with insurance money", Korean J Leg Med, 32, pp.13~23 (2008)
  8. Kim YS, "Defect in post-mor tem examination system reviewed by the realities of death certificate issuing", Korean J Leg Med, 32, pp.101~104 (2008)

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