• Title/Summary/Keyword: 사법검시

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Improve the Administrative Death Investigation System (행정검시제도 개선방안)

  • Kim, Heon-Jin
    • The Journal of the Korea Contents Association
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    • v.12 no.2
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    • pp.276-283
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    • 2012
  • Current Administrative Death investigation system is have many problems. Almost local governor don't exercise about administrative death investigation authority. Thus, prosecutors have to many decisions about judicial death investigation authority. Consequently, these vicious cycle is repeated. There is not clear regulations about scope for judicial death investigation. Discussed in this paper improve the Administrative Death investigation system are as follows : First, the uniform act of death investigation is have to legislated. Second, the scope for death investigation is clearly legalized. Medical examiner is must administrative death investigation according to the law. Also prosecutor can order to judicial autopsy to medic examiner. Third, Administrative Death investigation rules should be clarified. Introduce a Medical Examiner System Korean Administrative Death Investigation system centered on prosecutor and judicature who are not a specialist in pathology or forensic medicine. Lacking in professional understanding cause less accuracy of Administrative Death Investigation. To overcome limitations and problems of our Administrative Death Investigation system is suggested to introduce a Medical Examiner system.

Unnatural Dead Body Treatment by Police -Centering on Japanese Police System- (경찰의 변사자 처리에 관한 연구 -일본경찰제도를 중심으로-)

  • Lee, Sang-Won;Lee, Seung-Chal
    • The Journal of the Korea Contents Association
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    • v.11 no.8
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    • pp.239-246
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    • 2011
  • Korea has a problem in treating unnatural dead bodies; law enforcement police officers have a difficulty in analyzing an accurate cause of a death, for they are not specialized in autopsy. But they must take charge of the affair at a spot for the first time. Sometimes this may give an indulgence to a killer. It results in generating an unjust victim. So, a police activity in response to an unnatural dead body must be improved surely. As a response to it, this thesis scrutinizes the unnatural dead body treatment under the Japanese police system, taking a continental law, which has a legal structure similar to our's, and on the basis of it presents a suggestion in response to an unnatural dead body by Korean police. First, the system on treating the unnatural dead body has to be severe. Second, police engaging in treating the unnatural dead body have to take the education on treating dead bodies more deeply. Third, implements on treating dead bodies have to be secured.

Analysis of Actual Conditions of Unnatural Death Cases and Questionnaire for Initial Crime Scene Investigation of Police (변사체 발생실태 및 경찰의 현장 초동조치에 관한 설문 분석 - 경북지역을 중심으로 -)

  • Cho, Doo-Won;Chae, Jong-Min
    • Journal of forensic and investigative science
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    • v.1 no.1
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    • pp.11-30
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    • 2006
  • The preliminary investigative activities by the police officer play a critical role in identifying the cause of death in unnatural death investigations. The failure to secure the crime scene leads to the destruction of significant evidence, which results in the difficulty or impossibility to identify the cause of death. In order to prevent this jeopardizing crucial evidence, and to identify the level of preliminary investigation on the scene, this research is conducted and analyzed with questionnaires of 300 police first responders and 100 detectives. As a result, it was disclosed that there is a possibility for first responders to fail to ensure scene security, scene observation, and canvass interviews. Besides, when medical personnel have no choice but to contaminate the crime scene in order to save lives, it is necessary for them to take photos and to take proper actions before they enter the scene. The importance of scene-control education cannot be emphasized enough in order to prevent media from entering and destroying the evidence. Through research of actual conditions of unnatural death cases which occurred in Kyongbook Province for last five years, the statistics regarding a few different types of death were analyzed as follows. Evidence that homicide, suicide, accidental death, and disaster deaths have increased year by year. Therefore, it is deemed necessary for the government to take multilateral policies to reduce them, and for police to reinforce their investigative skills. Further, the insufficient number of autopsy facilities and forensic pathologists, only 13% of the deceased (1,237 cases) have had an autopsy conducted to identify the cause of death for last five years. The other, 87.3% (8,496 cases) of the deceased, were handled through simple postmortem examination. The significance of this percentage is that there is still the possibility not revealing the cause of unjust deaths. Therefore, it is necessary to furnish police agency with the reasonable amount of funding for autopsies and maintaining enough forensic pathologists.

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