Korean J Leg Med.  2019 Feb;43(1):1-6. 10.7580/kjlm.2019.43.1.1.

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

• Kim YS
• Kim TE

• KMID: 2440392
• DOI: http://doi.org/10.7580/kjlm.2019.43.1.1

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.

Keyword

Corpse; Death investigation; Administrative inspection; Administrative autopsy

MeSH Terms

Autopsy*
Cadaver
Crime
Human Rights
Humans
Jurisprudence

Reference

1. Toh JJ. The realities and reform of death investigation system. Seoul: Korean Institute of Criminology;2005. p. 11–182.

2. Kim HJ. Improve the administrative death investigation system. J Korea Contents Assoc. 2012; 12:276–283.

3. Koo HJ, Lee TY. The primary factors of uncertain cause of death between countries and the statistical influence of postmortem investigation system. Korean Criminol Rev. 2011; 22:173–199.

4. Kim YS, Kim TE. Review of legislation and regulations governing postmortem inspection and death certification. Korean J Leg Med. 2018; 42:77–91.

5. Moon GJ. Moon's modern forensic medicine. Seoul: Ilchokak;1995. p. 6–24.

6. NAVER Corp. Korean dictionary [Internet]. Seongnam: NAVER Corp.;2018. cited 2018 Sep 28. Available from: https://ko.dict.naver.com.

7. Chae JM. Death investigation and medico-legal examination of death. In : Kang DY, Kang HW, Kwak JS, editors. Textbook of legal medicine. Seoul: Jungmunkag;2007. p. 23–38.

8. Seo YI, Chae JM, Park HK. Reform of medicolegal death investigation system in Korea: on the professionalism of involved personnel. J Forensic Investig Sci. 2006; 1:44–56.