A Study on the Death Certificates and the Warrant of Seizure in Relation to the Death Certification System / 대한법의학회지

The death certification system in a modern welfare state is of critical importance because it is related to the collection of national statistics for health policy, social security and social welfare. So, the monitoring of death events by the government has become an important function of a constitutional state. There are two ways in which a death certificate can be issued: the medical judgment by the physician via the death certificate and through a warrant for an autopsy by a law enforcement agency, especially in the case of violent deaths. On a practical level, however, the death certificate issued by a physician may contain serious faults like an inaccurate assessment of the cause of death especially when the death resulted from unnatural causes. The warrant specified in the Constitution and the Criminal Procedure Act also raises the question of whether it is legally fulfilling its original mandate, especially when looking at procedures in the case of suicide or other causes of death that are not related to a crime. The authors, therefore, examined the shortcomings of legal codes related to death certification and warrants for autopsies and propose the reformation of legal codes for the death certification system.

A Review of Warrant System for Legal Autopsy / 대한법의학회지

The purpose of this thesis is to examine the warrant system for legal autopsy. The notion of warrant system is originated from concept of the due process of law guaranteed by the Constitution, and the warrant is a fundamental model to guarantee all human rights. But in the cases of legal autopsy, the Procedural Due process of Law about warrant is overemphasized and sometimes it hampers to find the substantial truth. Therefore, the author wants review the warrant system for legal autopsy and to propose the alternative method to replace the warrant for legal autopsy.

A Review of Warrant System for Legal Autopsy / 대한법의학회지

The purpose of this thesis is to examine the warrant system for legal autopsy. The notion of warrant system is originated from concept of the due process of law guaranteed by the Constitution, and the warrant is a fundamental model to guarantee all human rights. But in the cases of legal autopsy, the Procedural Due process of Law about warrant is overemphasized and sometimes it hampers to find the substantial truth. Therefore, the author wants review the warrant system for legal autopsy and to propose the alternative method to replace the warrant for legal autopsy.