Research Report
Ⅰ. Purpose and Scope of Research
□「Act on Dissection and Preservation of Corpses」 governs post -mortem examination, and it applies to dissection of cadaver for the education and research.
□ However, in the past few years, it has been criticized that it fails to reflect the reality of medical education or research demand for development of medicine and science. Parts that especially requires amendment include: who may conduct dissection, how anatomical gifts may be made and the effect of the consent of family members, dissection of unclaimed dead bodies, and respectful treatment of the cadavers.
□ It is necessary to look into and analyze legislative examples of other countries. As such,「Postmortem Examination and Corpse Preservation Act」 of Japan, and the「Revised Uniform Anatomical Gift Act 2006」 and relevant state laws of the US will be analyzed.
Ⅱ. Contents
□「Act on Dissection and Preservation of Corpses」 provides who may dissect or order dissection of corpses, consent of bereaved families for dissection, verification of bodies of accident, measures upon discoveries of abnormalities, management of corpses, dissection for research, provision, etc. of corpses without claimants (unclaimed dead bodies), consent to human specimens, and courtesy to corpses, delegation of authority, and other penal provisions.
□ In Japan, post-mortem examination is governed by「Postmortem Examination and Corpse Preservation Act」, whose purposes and functions are similar to Korea's「Act on Dissection and Preservation of Corpses」, and by「Act on Body Donation for Medical and Dental Education」.
○「Postmortem Examination and Corpse Preservation Act」 has a structure similar to Korea's「Act on Dissection and Preservation of Corpses」, the biggest difference between the two Acts lies in who may conduct dissection of dead body.
○ According to「Postmortem Examination and Corpse Preservation Act」, post-mortem examination requires a local public health center's director permission. However, in exception, doctors, dentists and others designated by the Minister of Health and Labor who have much knowledge and technique in post-mortem examination may conduct dissection without such permission. This is broader and more flexible than Korea's「Act on Dissection and Preservation of Corpses」 which strictly limits who may conduct dissection.
○「Postmortem Examination and Corpse Preservation Act」 in principle requires the permission of the deceased's family members in order to dissect the deceased's body, but there are a few exceptions, as is the case in Korea. In addition, dead bodies unclaimed during 30 days after death may also be dissected without family members' consent.
○「Act on Body Donation for Medical and Dental Education」 is unique piece of legislation, and there is no Korean counterpart. It is rather declaratory and symbolic, but it contributes to emphasizing the importance of anatomical gift for education and research purposes, as well as to raising awareness among citizens.
○「Act on Body Donation for Medical and Dental Education」 raises awareness about anatomical gift for educational purpose and supports intent to make anatomical gifts, as well as organizations of anatomical gift donors.
○「Act on Body Donation for Medical and Dental Education」 states that the intent to make anatomical gift shall be respected, and that, in case the deceased made written expression of intent to make anatomical gift and the family members do not refuse dissection, no separate consent for anatomical gift is required from family members.
○ According to「Act on Body Donation for Medical and Dental Education」, the Minister of Education, Culture, Sports, Science and Technology may provide supervision and advice on the activities of organizations of anatomical gift donors. The State has the duty to take measures to raise understanding of anatomical gift.
○ While not yet reflected to current laws, wide distribution of cell- phones with camera functions and development of social network services resulted in damaging the dignity and invasion of privacy of donors whose bodies are used in anatomy practicum, and these problems caused relevant associations to jointly recommend medical and dental schools to properly educate their students on respect for the donors.
□ In the US, dissection for education and research purposes is in the jurisdiction of each state. However, the Uniform Law Commission drafted Revised Uniform Anatomical Gift Act 2006 and most of the states decided to adopt it and legislated into their state laws.
○「Revised Uniform Anatomical Gift Act 2006」 broadly defines “document of [anatomical] gift” to include a statement or symbol on a driver's license, ID card, or donor registry, and simplifies the formalities of anatomical gift donation.
○「Revised Uniform Anatomical Gift Act 2006」 respects the autonomy of the donor's intent to make anatomical gift, and prevents amendment or revocation of donation by a 3rd party after the donor's death.
○「Revised Uniform Anatomical Gift Act 2006」 expands the rule on who may make anatomical gift before donor's death, and it includes emancipated minor, minor who are licensed to drive according to state regulation, and, in some cases, donor's agent, parents, and guardian.
○ Unclaimed dead bodies are governed under each state's law, and in most states, after a designated number of days, unclaimed dead bodies may be distributed to medical schools through a regulated procedure. However, whether they are actually dissected for educational purpose depends on the geological, social, economical, cultural condition of each state.
○ Most states have established a system in which representatives of medical education institutions and government participate in a committee which fairly and efficiently distributes unclaimed dead bodies among institutions eligible to dissect them.
○ A lot of states use unclaimed dead bodies not only for education of anatomy but also embalming, which allows development of technique that produces cadaver models which may be used for an extended period when actual cadaver is hard to obtain.
○ However, in the US, similarly to Korea, use of unclaimed dead bodies for dissection has been continuously criticized for its lack of usefulness and ethical problems.
Ⅲ. Expected Effects
□ It is expected that the recent legislative trend and discussions based on the laws of Japan and the US would provide lessons as to how to amend the「Act on Dissection and Preservation of Corpses」 in the future.