DNA정보의 데이터베이스화에 관한 법제의 의미와 형사정책적 과제

This article discusses the problems with the DNA database statute in Korea,analyzes the relevant legislation and law reform in other countries and the judgment of the European Court of Human Rights as well, and considers the crime prevention and privacy issues surrounding DNA databases. The enactment of DNA database statute in Korea has stirred public debate about the relevant policy issues which revolve around the concern of human rights: Proponents of DNA databases argue that expanding DNA databases will help to solve more crimes; opponents of DNA databases, on the other hand,argue that there is a risk of DNA being used for new and unidentified purposes. It is true that collection and use of DNA information has benefits, assisting law enforcement agencies in their criminal investigations. However its potential makes it likely to be abused, which requires the DNA database statute to provide appropriate human rights protections. It is also remarkable that there has been little empirical analysis of the impact of DNA databases on criminal behavior or crime rates. It seems desirable to ascertain the fact that DNA profiling has a large probative effect, particularly for serious offenders, in order to provide a rational basis for using DNA information in DNA databases for crime prevention.