군 사망사건에서 사자(死者)의 부검과 생명윤리 = Autopsies and bioethics of the dead in military deaths

다국어 초록 (Multilingual Abstract)

The purpose of this study is to prevent the rights of the deceased and the bereaved families in the military from being infringed. Unlike in the past, military investigative agencies do not cover up deaths. Military investigative agencies are investigating more precisely based on a wide range of personnel and organizations. Military investigative agencies sometimes ask the bereaved families to agree to an autopsy even if an autopsy is not necessary to prevent questions from occurring about the death in advance.
However, despite the fact that the cause of death has already been clearly identified as suicide through a post-mortem examination, it is not reasonable to continue to persuade the bereaved families by saying that the investigation agency will arbitrarily find the truth. If the subjectivity of rights can be recognized by the deceased, it can be seen as a violation of the rights to the freedom of the body guaranteed by the constitution.
As seen in the recent death in Itaewon, the bereaved families who lost their loved ones fall into great sadness. Watching the moment of the bereaved families who actually experienced sudden suicide, it is difficult to have any conversation with the bereaved families, and the bereaved families often cannot judge rationally. Prior to the autopsy, a post-mortem examination is conducted to examine the exterior only with the eyes, and the bereaved family can also be present in this process. The bereaved family, who identified the body of the deceased during the coroner's admission, weeps even more. After the post-mortem examination, it is necessary to decide whether to do an autopsy, but it is questionable who can decide whether to do the autopsy.
As seen in the recent death in Itaewon, the bereaved families who lost their loved ones fall into great sadness. Watching the moment of the bereaved families who actually experienced sudden suicide, it is difficult to have any conversation with the bereaved families, and the bereaved families often cannot judge rationally. Prior to the autopsy, a post-mortem examination is conducted to examine the exterior only with the eyes, and the bereaved family can also be present in this process. The bereaved family, who identified the body of the deceased during the coroner's admission, weeps even more. After the post-mortem examination, it is necessary to decide whether to do an autopsy, but it is questionable who can decide whether to do the autopsy.
In order for an investigative agency to conduct an autopsy, it must correspond to a “critical management case” or a “autopsy consideration case.” The case in which the investigative agency needs to obtain consent from the bereaved families is that neither the “critical management case” nor the “autopsy consideration case” is applicable. In this case, the only way for the investigative agency to conduct an autopsy should correspond to the “death of the bereaved family raising suspicions about the cause of death” in the “autopsy consideration case”. In other words, it is not reasonable to conduct an autopsy even though the cause of death has already been clearly identified as suicide through a post-mortem examination and does not fall under either “critical management” or “autopsy considerations.”