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우리나라 突然死例의 誘因 및 危險性 傾向의 法醫學的 考察
文國鎭 고려대학교 의과대학 1984 고려대 의대 잡지 Vol.21 No.2
An insignificant appearing autopsy finding may become quite important when circumstances surrounding the death are taken into consideration. However, circumstantial information is not always readily available at the time of autopsy. Therefore, diligent efforts are required to obtain full circumstantial information or death which is so vital in the investigation. For the administration of justice, wheather it be civil or criminal, the medicolegal practitioners should be familial with underlying disease and inducement of sudden death and the risk factors of underlying diseases. So, the author selected the underlying disease that constitute above 3% in Korea medicolegal autopsy statistics and the deaths, those mechanisms were not clarified, such as SIDS, SMDS, and status thymicolymphaticus and reviewed the medicolegal aspects of inducements and dangerousness of sudden unexpected death due of natural causes.
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文國鎭 고려대학교 의과대학 1989 고려대 의대 잡지 Vol.26 No.2
What if patient is negligent in carrying out physician's instructions and thus injures himself? Does patient's negligence prevent him from suing physician for patient's negligence in treating him? Doesn't the patient have a duty to physician to carry out physician′s instructions properly? These questions involve the legal the principles of patient's contributory negligence. Physician must understand the effect of patient's negligence on malpractice claim against physician. In discussing the legal concepts of patient's contributory negligence, we again encounter a body of law that has been changing considerably in recent years. In the past, generally speaking, it was the rule that in an ordinary negligence action, such as an automobile accident case, any negligence on the part of the person suing, the plaintiff, wound bar his recovery. That is, if the evidence showed that the plaintiff himself was negligent in any way, the plaintiff would lose even if the defendant was also negligent. Medical malpractice actions were not always treated as ordinary negligence actions when it came to the application of this contributory negligence rule. The question did not arise often, since most claims of contributory negligence involved the defendant's claim that the plaintiff failed to follow instructions or followed instructions improperly, and such allegations are usually difficult to prove. However, the effect of the plaintiff's suit is severely affected, when a defendant could prove the plaintiff was negligent. This article therefore, discussed misdiagnosis and patient's negligence, maltreatment and patient's negligence, and negligence of patient′s attendant and causal predisposition of damage, etc.
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文國鎭 大韓法醫學會 1982 대한법의학회지 Vol.6 No.1-2
The medicolegal aspects of any case must always be secondary to life-saving treatment of patient. This does not mean the forensic aspects must be ignored, for such matters as the taking of blood, saliva or vaginal swabs can be undertaken during emergency treatment, and all wounds and injuries can be described at the same time that treatment is being given. The examining physician should be guided in this matter by the normal standards of practice in his own area. Similarly, the emergency cases to prevent pregnancy, veneral disease and psychiatric trauma must be considered against the background of normal medical practice in this area.
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文國鎭 大韓法醫學會 1991 대한법의학회지 Vol.15 No.1
The real status of postmortem investigation in Korea is responsible for the public proseutors and autopsies are conducted by them mainly on the homicide and suspicious cases, therefore, the accidental and suicidal cases are remained unconcerned spectacular cases. Such fault due to social system and back of understanding must be replaced by postmortem examination carried out by the physicians, especially for suicide cases. In every part of the world, suicide bears a stigma. For this reason and for the reason of insurance claims, an attempt may be made by members of the family to conceal suicide and make it back as if death were accidental or natural. In such circumstances, the information given by the family members should be carefully evaluated and their reactions appropriately interpreted. There is also the possibility of alterations made at the scene prior to the arrival of he investigators or physicians, therefore, psychological autopsy also must be done with every case of cadever autopsy. The psychological autopsy can be of great assistance in determiming the manner of death. While psychological autopsy, it is always a good habit for the physicians to ask himself whether this case was the result of natural causes or whether it was an accident, a suicide or a homicide.
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문국진 大韓法醫學會 1995 대한법의학회지 Vol.19 No.1
In this paper, author described the speciality of law status of sexual assault in Korea, such as the crimes of rape are treated as crimes of personal accusation but crimes of infliction of injury by rape are treated as prompt medical examination of any victim of sexual assault are required, especially the injuries of hymen must be examined without delay because of the haling of injured hymen from the victim is completed within 204 days since injured time. Therefore, prompt and competent medical examination of sexual assault is essential for both medical and legal reasons. After the initial medical examination there must be continuing communication between the police and the examining physician. The physician should have access to the initial investigation report as his comment correlating the report to his findings may be helpful. Alternatively, the law enforcement agency should have access to the physician to discuss his findings, and the physician's report should be really available. The investigation reports and physician should be otherwise required as confidential.
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