ACT ON DISSECTION AND PRESERVATION OF CORPSES
Wholly Amended by Act No. 4915, Jan. 5, 1995
Amended by Act No. 5454, Dec. 13, 1997
Act No. 5453, Dec. 13, 1997
Act No. 5611, Dec. 30, 1998
Act No. 5858, Feb. 8, 1999
Act No. 6980, Sep. 29, 2003
Act No. 8364, Apr. 11, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9033, Mar. 28, 2008
Act No. 9386, Jan. 30, 2009
Act No. 9846, Dec. 29, 2009
Act No. 9932, Jan. 18, 2010
Act No. 10866, Jul. 21, 2011
Act No. 11519, Oct. 22, 2012
Act No. 13652, Dec. 29, 2015
Act No. 13998, Feb. 3, 2016
Act No. 14885, Sep. 19, 2017
The purpose of this Act is to provide for matters concerning the dissection and preservation of corpses (including a dead fetus after at least four months of pregnancy; hereinafter the same shall apply) in order to improve national health and to contribute to medical education and research (including dentistry and oriental medicine; hereinafter the same shall apply) by investing the causes of death and conducting pathological or anatomical research in an appropriate manner.
[This Article Wholly Amended by Act No. 11519, Oct. 22, 2012]
| Article 2 ((Dissection of Corpses) |
The dissection of corpses shall be allowed in any of the following cases: <Amended by Act No. 13652, Dec. 29, 2015>
| 1. | Where a doctor (including dentists; hereinafter the same shall apply) who has substantial knowledge and experience in dissecting corpses and is a person prescribed by Presidential Decree, dissects a corpse; |
| 2. | Where a professor, associate professor, or assistant professor who majored in anatomy, pathology, or medical jurisprudence at a medical college (including dental colleges and oriental medicine colleges; hereinafter the same shall apply), directly dissects a corpse or has students majoring in medical science dissect corpses under his/her direction; |
| 3. | Where dissection is performed pursuant to Article 6; |
| 6. | Where a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu (the head of Gu means the head of an autonomous Gu; hereinafter the same shall apply) who deems that the dissection of a corpse is necessary, allows the dissection of the corpse. In such cases, he/she shall determine matters necessary for the dissection of corpses, including persons to dissect corpses. |
[This Article Wholly Amended by Act No. 11519, Oct. 22, 2012]
| Articles 3 and 3-2 Deleted. <by Act No. 5611, Dec. 30, 1998> |
| Article 4 (Consent of Bereaved Families to Dissection of Corpses) |
| (1) | In order to dissect a corpse, the consent of the bereaved family thereof shall be obtained: Provided, That the foregoing shall not apply to the following cases: <Amended by Act No. 13652, Dec. 29, 2015; Act No. 13998, Feb. 3, 2016> |
| 1-2. | When there exists a document on which a person wrote an expression of consent to the dissection of his/her corpse, name, and day/month/year in his/her own hand and affixes a seal; |
| 2. | Deleted; <Amended by Act No. 13998, Feb. 3, 2016> |
| 3. | When a patient who has been treated by at least two doctors is dead and all of the doctors who have treated the patient deems that an autopsy is particularly necessary in order to investigate the cause of death and, in addition, the objective of the autopsy cannot be attained if they are placed in the circumstance to wait for the ascertainment of consent or non-consent of the bereaved family because the whereabouts of the bereaved family are unknown. In such cases, any of the following persons shall dissect the corpse: |
| (a) | A person who has experience in dissecting corpses pursuant to subparagraphs 1 and 3 through 6 of Article 2; |
| (b) | A professor, associate professor, or assistant professor of a medical college who majored in anatomy, pathology, or medical jurisprudence; |
| 4. | When dissection is performed pursuant to subparagraphs 3 through 5 of Article 2. |
| (2) | Consent referred to in the main sentence of paragraph (1) shall be obtained in writing. <Amended by Act No. 13998, Feb. 3, 2016> |
| (3) | Deleted. <by Act No. 13998, Feb. 3, 2016> |
[This Article Wholly Amended by Act No. 11519, Oct. 22, 2012]
| Article 5 Deleted. <by Act No. 5858, Feb. 8, 1999> |
| Article 6 (Orders to Dissect Corpses) |
When the cause of death cannot be discovered without the dissection of a corpse and thereby it is likely to cause serious damage to national health, the Minister of Health and Welfare, the Minister of National Defense (limited to the dissection of corpses of military personnel), Special Self-Governing City Mayors, Governors of Special Self-Governing Provinces, or heads of Sis/Guns/Gus may order the dissection of the corpse.
[This Article Wholly Amended by Act No. 11519, Oct. 22, 2012]
| Article 7 (Verification of Bodies of Accidental Death) |
[This Article Wholly Amended by Act No. 11519, Oct. 22, 2012]
| Article 8 Deleted. <by Act No. 5611, Dec. 30, 1998> |
| Article 9 (Dissection for Research) |
The dissection of cadavers for studying the structure of human bodies shall be performed at medical colleges.
[This Article Wholly Amended by Act No. 11519, Oct. 22, 2012]
| Article 10 (Management of Corpses) |
| (1) | Any person who dissects corpses or extracts necessary parts from corpses shall manage each corpse separately so that the corpses can be distinguished from one another. |
| (2) | No one who dissects a corpse or extracts any necessary part from a corpse shall transfer the corpse or part of the corpse to any third person in violation of the purpose of this Act. |
| (3) | No one shall acquire nor transfer to any third person a corpse or part of a corpse provided under this Act for pecuniary or economic benefits or return services. |
| (4) | No one shall arrange any acts referred to in paragraph (2) or (3). |
[This Article Wholly Amended by Act No. 11519, Oct. 22, 2012]
| Article 11 (Measures upon Discovery of Abnormalities) |
| (1) | When a person dissecting a corpse discovers an abnormality in the corpse, which is deemed to suggest a connection to a crime, he/she shall notify the chief of the competent police station thereof without delay. |
| (2) | When a person dissecting a corpse deems that the corpse is likely to cause serious damage to national health, he/she shall notify a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu of such fact without delay, and upon receipt of such notice, a Special Self-Governing City Mayor and the Governor of a Special Self-Governing Province shall report the details thereof to the Minister of Health and Welfare without delay, whereas the head of a Si/Gun/Gu, to the Minister of Health and Welfare as well as to the relevant Special City Mayors, Metropolitan City Mayors or Do Governors. |
[This Article Wholly Amended by Act No. 11519, Oct. 22, 2012]
| Articles 12 through 15 Deleted. <by Act No. 13998, Feb. 3, 2016> |
| Article 16 (Consent of Bereaved Families to Preservation of Corpses) |
| (1) | When the head of a medical college, head of a general hospital referred to in Article 3-3 of the Medical Service Act, or head of other medical science-related research institution, intends to preserve a corpse or part of a corpse for medical education or research, he/she shall obtain consent of the bereaved family thereto. <Amended by Act No. 13998, Feb. 3, 2016> |
| (2) | Consent referred to in paragraph (1) shall be obtained in writing. <Amended by Act No. 13998, Feb. 3, 2016> |
[This Article Wholly Amended by Act No. 11519, Oct. 22, 2012]
| Article 17 (Courtesy to Corpses) |
| (1) | Any person who intends to dissect a corpse or preserve a corpse or part of a corpse as a specimen shall observe proprieties when handling the corpse. |
| (2) | Any corpse or any tissue incidentally generated from the dissection process thereof shall be preserved and managed with care until the corpse is transferred or cremated. |
[This Article Wholly Amended by Act No. 11519, Oct. 22, 2012]
| Article 17-2 (Respectful Treatment of Consenters, etc. to Dissection of Corpses) |
| (1) | The State may treat with appropriate respect and support, consenters to the dissection of corpses and families thereof, and bereaved families who have consented to the dissection of corpses (subparagraph 6 of Article 4 of the Internal Organs, etc. Transplant Act shall apply mutatis mutandis to "families" and the "bereaved families"), considering contribution to medical development of the State. |
| (2) | Matters necessary for respectful treatment and support mentioned in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted by Act No. 13652, Dec. 29, 2015]
| Article 18 (Delegation of Authority) |
The Minister of Health and Welfare may delegate part of his/her authority vested under this Act to Special City Mayors, Metropolitan City Mayors, Special Self-Governing City Mayors, Do Governors or Governors of Special Self-Governing Provinces, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11519, Oct. 22, 2012]
| Article 19 (Penal Provisions) |
Any of the following persons shall be punished by imprisonment with prison labor for not more than one year, or by a fine not exceeding ten million won: <Amended by Act No. 13998, Feb. 3, 2016; Act No. 14885, Sep. 19, 2017>
| 1. | A person who dissects a corpse, in violation of Article 2; |
| 2. | A person who dissects a corpse without the consent of the bereaved family, in violation of the main sentence of Article 4 (1); |
| 3. | A person who dissects a corpse without undergoing a postmortem examination, in violation of Article 7 (1); |
| 4. | A person who transfers a corpse or part of a corpse to any third persons, in violation of Article 10 (2); |
| 5. | A person who acquires or transfers a corpse or part of a corpse, in violation of Article 10 (3); |
| 6. | A person who arranges any acts in Article 10 (2) or (3), in violation of paragraph (4) of the same Article; |
| 7. | Deleted; <by Act No. 13998, Feb. 3, 2016> |
| 8. | A person who preserves a corpse or part of a corpse as a specimen without consent, in violation of Article 16 (1). |
[This Article Wholly Amended by Act No. 11519, Oct. 22, 2012]
| Article 20 (Penal Provisions) |
Any of the following persons shall be punished by imprisonment with prison labor for not more than six months, or by a fine not exceeding five million won: <Amended by Act No. 14885, Sep. 19, 2017>
| 1. | A person who fails to comply with an order to dissect a corpse referred to in Article 6 without a justifiable ground; |
| 2. | A person who fails to give notice, in violation of Article 11; |
| 3. | Deleted. <by Act No. 13998, Feb. 3, 2016> |
[This Article Wholly Amended by Act No. 11519, Oct. 22, 2012]
| Article 21 (Fines for Negligence) |
| (1) | Any of the following persons shall be punished by a fine for negligence not exceeding five million won: <Amended by Act No. 14885, Sep. 19, 2017> |
| 1. | A person who dissects a corpse at a place, other than a medical college in violation of Article 9; |
| 2. | A person who manages a corpse in violation of Article 10 (1); |
| (2) | Special Self-Governing City Mayors, Governors of Special Self-Governing Provinces and heads of Sis/Guns/Gus shall impose and collect fines for negligence referred to in paragraph (1). |
[This Article Wholly Amended by Act No. 11519, Oct. 22, 2012]
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force on July 1, 1995. |
| (2) | (Transitional Measures concerning Former Transfer of Corpses) Copses that have been transferred under the former Dissection and Preservation of Corpses Act as at the time this Act enters into force shall be deemed to have been transferred under this Act. In such cases, the period of custody under Article 4 (1) 2 and Article 12 (3) shall be governed by the former provisions. |
| (3) | (Transitional Measures concerning Permission by Minister of Health and Welfare) A person who has obtained permission from the Minister of Health and Welfare under the former provisions of Article 2 (1) 1 at the time this Act enters into force shall be deemed to have been authorized by the Minister of Health and Welfare under the provisions of Article 2 (1) 1. |
| (4) | (Transitional Measures concerning Penal Provisions) The application of penal provisions concerning acts performed before this Act enters into force shall be governed by the former provisions. |
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5611, Dec. 30, 1998>
| (1) | (Enforcement Date) This Act shall enter into force on July 1, 1999. |
| (2) | (Transitional Measures concerning Penal Provisions) The application of the penal provisions to acts performed before this Act enters into force shall be governed by the former provisions. |
ADDENDA <Act No. 5858, Feb. 8, 1999>
| (1) | (Enforcement Date) This Act shall enter into force one year after the date of its promulgation. |
ADDENDA <Act No. 6980, Sep. 29, 2003>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Penal Provisions) The application of the penal provisions to any act performed before this Act enters into force shall be governed by the former provisions. |
ADDENDA <Act No. 8364, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 through 5 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9033, Mar. 28, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9386, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9846, Dec. 29, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10866, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 11519, Oct. 22, 2012>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 13652, Dec. 29, 2015>
This Act shall enter into force six months after its promulgation.
ADDENDA <Act No. 13998, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after promulgation.
Article 2 (Transitional Measures concerning Consent of Bereaved Families to Dissection and Preservation of Corpses)
Consent of bereaved families to the dissection or preservation of corpses, which is obtained under the former provisions as at the time this Act enters into force, shall be deemed consent of bereaved families obtained under the amended provisions of Article 4 or 16. Article 3 (Transitional Measures concerning Corpses without Claimants)
Notwithstanding the amended provisions of Articles 13 through 15, the former provisions shall apply to charging the costs of transfer, cremation, and treatment of corpses without claimants provided under the former Article 12 (1) before this Act enters into force. Article 4 (Transitional Measures concerning Penal Provisions)
| (1) | Notwithstanding the amended provisions of subparagraph 7 of Article 19 and subparagraph 3 of Article 20, where a corpse without a claimant provided under the former Article 12 (1) before this Act enter into force is dissected, the former provisions shall apply for the purposes of penal provisions pertaining to transfer and cremation mentioned in Article 3 of Addenda after this Act enters into force. |
| (2) | The former provisions shall apply for the purposes of penal provisions to violations committed before this Act enters into force. |
ADDENDUM <Act No. 14885, Sep. 19, 2017>
This Act shall enter into force on the date of its promulgation. Provided, That the amended provisions of Article 21 (1) shall enter into force three months after promulgation.