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사인확인제도의 개선을 위한 단일 검시법 제안

Proposal of Comprehensive Act for Postmortem Examination to Improve Death Certification System

대한법의학회지 2020년 44권 3호 p.103 ~ 114
김윤신, 김태은,
소속 상세정보
김윤신 ( Kim Youn-Shin ) - Chosun University School of Medicine Department of Forensic Medicine
김태은 ( Kim Tae-Eun ) - Chosun University College of Law Department of Law

Abstract


It is in a country’s best legal interests to guarantee the protection of the right to life within a nation’s constitution. Most countries operate a postmortem investigation system to ensure compliance with their country’s internal legal codes. However, Korea, which is ranked among the World’s Top 10 Largest Economies, does not have its own comprehensive act or system for conducting a postmortem examination including death scene. This is a very improper situation in terms of our global status. Death certification is critical because it impacts the national vital statistics that influence health policy and crime investigation for social security. Various acts and rules for death certification and death investigation exist in Korea, but they all have one serious loophole: there is no regulation determining the circumstances under which a judicial autopsy should be performed. The authors, therefore, identify the faults in the existing legal codes regarding death certification and postmortem investigation and suggest replacement codes. The authors also propose the implementation of a single comprehensive act that includes the required qualifications for postmortem examination experts and outlines the creation of an institution responsible for overseeing death certification.

키워드

Right to life; Death investigation; Postmortem examination; Death certification; Autopsy

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