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학술논문세계헌법연구2010.07 발행KCI 피인용 30

「디엔에이신원확인정보의 이용 및 보호에 관한 법률」의 문제점과 개선방안

Problem and Improvement for the Use and Protection of DNA Identification Act

서계원(동국대학교)

16권 2호, 199~236쪽

초록

The discovery of DNA technology is considered one of the most revolutionary and beneficial contribution to the modern industrial world. DNA technology has become an important tool to law enforcement personnel and the legal community. DNA samples provide a lot more information about an individual, including health conditions and traits. And since DNA information could be easily taken from traces of hair, skin, fingernails and other body tissue, tracking individual activities may become easier for law enforcement authorities. Since 1986, police officers and lawyers have creation of the first DNA criminal investigative database in 1995 in Britain further enabled law enforcement to better exploit the uses of DNA technology and effect more acts of justice. As many more countries developed the criminal DNA database including the UK, Austria, Germany, and US, the Use and Protection of DNA Identification Act is proposed to enable the operation of a criminal DNA database in Korea. And the bill got through the National Assembly in December 29, 2009. This act is criticized as an excessively wide range of offenses, and also pointed out that the law is lax about controlling how law enforcement authorities collect DNA samples or how long they could hold the genetic data. The act doesn't include provisions about the procedures for the collecting of DNA samples, either. too. The Purpose of this study is to examine the problems of the Use and Protection of DNA Identification Act in Korea and to suggest thereby the way that can improve the law-related perspective.

Abstract

The discovery of DNA technology is considered one of the most revolutionary and beneficial contribution to the modern industrial world. DNA technology has become an important tool to law enforcement personnel and the legal community. DNA samples provide a lot more information about an individual, including health conditions and traits. And since DNA information could be easily taken from traces of hair, skin, fingernails and other body tissue, tracking individual activities may become easier for law enforcement authorities. Since 1986, police officers and lawyers have creation of the first DNA criminal investigative database in 1995 in Britain further enabled law enforcement to better exploit the uses of DNA technology and effect more acts of justice. As many more countries developed the criminal DNA database including the UK, Austria, Germany, and US, the Use and Protection of DNA Identification Act is proposed to enable the operation of a criminal DNA database in Korea. And the bill got through the National Assembly in December 29, 2009. This act is criticized as an excessively wide range of offenses, and also pointed out that the law is lax about controlling how law enforcement authorities collect DNA samples or how long they could hold the genetic data. The act doesn't include provisions about the procedures for the collecting of DNA samples, either. too. The Purpose of this study is to examine the problems of the Use and Protection of DNA Identification Act in Korea and to suggest thereby the way that can improve the law-related perspective.

발행기관:
세계헌법학회한국학회
분류:
법학

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「디엔에이신원확인정보의 이용 및 보호에 관한 법률」의 문제점과 개선방안 | 세계헌법연구 2010 | AskLaw | 애스크로 AI