‘시체해부 및 보존에 관한 법률’에 대한 소고

Abstract

This paper searches the content of the ‘Act on Dissection and Preservation of Corpses’, and points out problems of the Act. The purpose of this Act is to prescribe matters concerning dissection and preservation of corpses(including a dead fetus at least four months old) in order to improve national health and contribute to medical education and researches(including dentistry and oriental medicine) by appropriately investigating the cause of death and conducting pathological or anatomical research. When any person intends to dissect a corpse, he shall obtain the consent of the bereaved family. But, this shall not apply to any of the following. ① when a will referred to the Civil Act exists concerning dissection of the corpse, ② when there is no claimant to take over the corpse even after 60 days elapse from the confirmation of death. But, that inmates in social welfare facilities shall be excluded, ③ where a patient who has been examined and treated by at least two medical doctors dies, when all doctors who have engaged in the examination and treatment of the patient deem an autopsy specifically necessary in order to investigate the cause of death, and also the objective of the autopsy cannot be attained if the confirmation of consent by the bereaved family has to be waited, because the whereabouts of the bereaved family are unknown. But, this Act has many problems. In order to supplement such insufficiencies of the Act, it is necessary to revise the ‘Act on Dissection and Preservation of Corpses’ as soon as possible. Futhermore, it is recommended to establish a new Act supporting the body donation movement and management for activation of anatomical dissection education, which eventually extend the basis of the development of medical science.