행정검시와 해부명령에 관한 현행법령 고찰
Review of Legal Codes Governing Administrative Death Investigations and Autopsy by Administrative Order PDF icon
김윤신, 김태은,
소속 상세정보
김윤신 ( Kim Youn-Shin )
조선대학교 의과대학 법의학교실
김태은 ( Kim Tae-Eun )
조선대학교 법과대학 법학과
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.
키워드
Corpse; Death investigation; Administrative inspection; Administrative autopsy
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