형사상 유전자감식정보의 수집·관리 등에 대한 검토 - “디엔에이신원확인정보의 이용 및 보호에 관한 법률”을 중심으로 -

“The Use and Protection of DNA Identity Establishment Information Act” has enforced in Korea since 26th, July, 2010. This law has been disputed for about ten years, and legislated last January. Its purpose is to catch the criminals who committed violent crimes and narcotic crimes quickly. Although this law regulated to take the prisoners or restraint suspects of DNA information, it invades person’s privacy because DNA information figures out person’s privacy like his medical history. However, invasion of privacy can restricted when public interest is much more important than private interest. So we can explain about invasion of privacy for this reason. The problem of violating persumption of innocence and commitment can be solved to make some solutions. For example, in this law, if a person agreed with taking his DNA information, police or prosecutors take them. But the law will be able to amend how police or prosecutors can’t deal out the DNA information without warrant. It’s one of the best ways to solve the problems. In the case of the suspect be confirmed innocent, the law enacts that the suspect’s genetic material for DNA test will be discarded and the data will be deleted, too. But this provision has a weak point, so we need to strengthen that. I suggest that filed materials and database open to the suspect and the suspect’s family in the case of suspect’s death. Along with the law, DNA information is divided into two public institutions(police and prosecutors) to maintain it. But it's very inefficient. So I suggest that the other public organization unify and supervision over the information. I think that it’s a very desirable thing. It’s a very useful system what obtain the identity of the criminal through DNA information. This law has just enforced. So if we can amend and make up for the faults,it will be very useful and according with the purpose of the law.