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      • 近世朝鮮의 法醫學的裁判과 無寃錄에 關한 硏究

        李永澤 서울대학교 1956 서울대학교 論文集 Vol.4 No.-

        MOOWONROK was compiled by WANGYO in the first year of the reign of MOOJONG, the king of WON Dynasty of China (the 34 th year of CHOONGYOL, the king of KORYO Dynasty, A.D. 1308)and had been the unique book specialized in the post-mortem examination adopted in the forensic medical trial in the modern times of Korean history. Though the period is not clear in which that writing had been handed over to us, it is alleged through the literature that the writing came to appear in public in the first year of SAEJONG Dynasty (equivalent to A.D. 1419), and the MOOWONROK was published with the new comments in the 20th year of SAEJONG Dynasty who gave the legal regulation on the post-mortem examination the next year, which was put on the shelves of the government offices of every important spot in both the capital and country to be used by the criminal lawyer as an indispensable text book. This MOOWONROK gave them much contribution to the post-mortem examination in which written report was needed in the cases of mortal accident, especially murder or the death of prisoners of public slaves. The firm procedure for the trial was written which permitted the examination over a few times, i. e. : usually 1 or 2 times, sometimes 3 or 4 times, if necessary 5 or 6 times, and even the direct indictment to the king in case of need. This was also imported to Japan the later period of LEE Dynasty (ca. 300 years ago0, contributing much to the development of elemental knowledge in the field of post-mortem examination of the EDO-Age of Japan, which was again imported to China, and the triangle of culture was established with the newly commented MOOWONROK as a medium. Neverthless, this book could not be fully applicable to Korea for the fact that this was entirely based on the tradition of WON Dynasty of China, therefore 2 volumes of revised MOOWONROK was compiled by KOO TAEKKYOO in the 24th year of YONGJONG Dynasty (A.D. 1748), to the final exclusion of many complicated regulations unfit for Korea following the innovation of SOK-DAE-JON, the statute, in the 20th year of the same dynasty. This was again revised by YOONMYONG, the son of TAEKKYOO in the JUNGJONG Dynasty, and the revised book was made public rewritten in the Korean letter in the prior year to the 20th year of JUNGJONG Dynasty (A.D. 1796)in which the revised original was published. This made possible, at a glance, the clear grasp of the knowledge in this field, and gave us the valuable materials which are the clear evidence of the existence of our forensic medical knowlege based on the Korean situation and its social custom independent of foreign ideas. The useful effect continued until the 10th or the 11th year of KWANGMOO through the 9th year in which new constiution on law-court was enforced and Great Korean Criminal Cord was announced according to the newly established system through the KAPSIN Renovation. This book contains many subjects of forensic medical value; the materials of the general affairs concerning polt-mortem examination, the outward shows of the corpse, the record on the procedure for examining the corpse. Besides that, the following items, which need the forensic medical appreciation, are inclulded; periodical change in the appearance of corpse, mechanical injuries caused by blunt instruments or knives in case of murder, the relation between wounds and cause of death, asphyxia, the unnatural death caused by starvation of abnormity of temperature, investigation on infanticide, pregnancy, puerperium and intoxication, and that of evidential materials and so on. This book which was especially used in the forensic medical trial, is found to well cope with any medical jurisprudence in our time in reviewing its contents in which things are observed and treated comparatively in detail. Much detailed observation is given in this book especially on the following subjects. (1) The various conditions on the decomposition during the later period of change in the signs of corpse, that is, the respective temperature of the four seasons, the moisture of different qualities of soils, the nutritional condition before death, and many external appearances such as discolorment, expansion of abdominal region of the blisters on thd skin. (2) Distinction between the death by falling from the cliff and the death by falling into the ditches, appreciation of kinds of animals by the form, position and signs of the biting, explanation of the fracture detecting method using the China ink and of the relation of the cranial fracture with the hemorrhage in nose, ear and mouth, and detailed explanation on the wedge-shaped incised wound and on the differentiation between the wound stabbed in and that stabbed out in the injury made with knives. (3) On asphyxia: distinction of the opened from the tuberous ligatures in the hanging, distinction of the legular or the irregular hanging by the form of the furrows on the neck, distinction between self=murder and murder of the drowning by the presence of the foam in the mouth and nose, and besides those, suffocation by pressing and covering on the mouth and nose, suffocation of old and weekened man by pressing on the chest, death by being put into the narrower places. (4) Explanation on the relation between the ground contacted and the other side of the corpse, and that on the presence of the soot in mouth and nose, in dist inguishing suicide from murder of the burnt corpse due to the abnormity of tem perature, discription of the lightening mark on the skin in examining the corpse due to thunder. (5) On pregnancy and puerperium: hydatidform mole, a form of abnormal pregnancy, possibility of delibery of dead fetus after burial, telling the months of the pregnancy according to the growing condition of the fetus which is due to abortion. (6) Testimonial materials, such as blood, vaginal fluid and bones, are presented, out of them, the method for detecting the portion of the fracture on the bone by applying the China ink which peneterates in the fractured portion, of taking advantage of the new cotton which is drawn up when it is taken on the same portion. (7) Intoxication: Surrounding circumstances: vomitted substances on the clothes of the body and the medicine pot left near it. Clinic finding: comparison of the death by intoxication during its lifetime with the false intoxication made after death. Chemical signs: method for examining the poison by taking advantage of the coloring reaction due to the silver hair pin. Physiological test: method for finding out the poison by using the chicken as an experimental animal. The above-mentioned are the objective matters of great importance which are almost nearly understood by the medern scientific methods. This is nothing but the book which was primarily used by lawyers in case of the post-mortem examination dealing with the judgement of the cause of death by observation of external appearance, not being based on the systematic knowledge in medical science. In this consequence, much physiological knowledge is neglected concerning th mechanism of life in the explanation of the cause of death. Moreover, the record on the internal investigation of the corpse could not but be neglected in the days with no system and knowledge on the autopsy. The fact of similar kind can be met in the process of the development of any field of learning, and the true can be said of other branches in medical sciences. (This research owes in part to the financial assistance of the American-Korean-Foundation)

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