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KMID : 1011120140080020133
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Bioethics Policy Studies
2014 Volume.8 No. 2 p.133 ~ p.176
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A Study on the Legal Status of the Dead Body under Civil Law, on the Ground of the Most Advanced Biomedical Technology
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Yoo Ji-Hong
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Abstract
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In 2008, the Korean Supreme Court decided the legal relationship of a dead body according to “Separation Theory”, but “Human Body” is the object of “Personality Rights’” while “Thing” is the object of “Real Rights(Proprietary Rights)”. Therefore It’s reasonable that the legal effect for dead body should be caused by “the Personality Rights of the Decedent.”
Especially in modern society, the necessity for protecting “the Personality Rights of the Decedent” has increased. And according to the biomedical utility of human organ-tissue-corpse is verified, the donation of human material has increased. So It’s reasonable that “the donation which the Decedent made in his lifetime” should be effective by “the Personality Rights of the Decedent.” The current laws related to Human Material, have taken a similar stand.
“The Ash of the Deceased” is “the remnant of the Personality of the Decedent.” So it’s reasonable that “the quasi status of human body” should be granted to that ash in the customary, theoretical aspects. “The dead body” preserves 100% of the DNA of the Decedent. So it’s reasonable that “the quasi status of human body” should be granted to the dead body in the substantive aspect.
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KEYWORD
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dead body, ash of the decedent, personality right of thedecedent, gene, DNA, quasi status of human body
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