「디엔에이신원확인정보의 이용 및 보호에 관한 법률」에 대한 헌법적 고찰

「Law on use and protection of DNA identification information」has facilitated mass collection, storage, and distribution of genetic information by combination of life science technology and information technology in the criminal proceedings, and then it has become the important basis to introduce gene information bank, the strength of forensic science. In this gene information bank, DNA database securing the establishment of forensic science and the effectiveness of criminal investigation stores DNA identification information of the criminals who committed the crime in the higher consideration of the secondary crime such as murder and sexual violence crime for the children and the teenagers and plays a big role to find out the person who are highly related to the crime through the comparison of the database with the DNA identification information gained from the remaining evidence in the crime site and to arrest promptly when the same crime is occurred. However, since it has various problems such as the infringement on fundamental rights of the object of DNA discerning sample collection and the infringement of the basic principle of a constitutional state, 7 events of adjudication on the constitutionality of statutes is now brought up in Constitutional Court. Thus, since the necessary emphasis on the generalization of forensic science and the proper function of crime prevention is fully enough, the purpose of this research can be accepted the suggested convincing criticism humbly so far, and improved the constitutional problem about the infringement on fundamental rights of the object of DNA discerning sample collection to become a foundation creating the human rights friendly legislation.