Review of Legislation and Regulations Governing Postmortem Inspection and Death Certification

Korean J Leg Med 2018;42:77-91

Department of Forensic Medicine, Chosun University School of Medicine, Gwangju, Korea,

Department of Law, Chosun University College of Law, Gwangju, Korea

E-mail: ysk007fm@hotmail.com

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.

Key Words: Autopsy; Cadaver; Death investigation; Cause of Death