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학술논문안암법학2013.05 발행KCI 피인용 4

DNA감정체계 개선을 통한 증거능력 확보방안

A Study on the Admissibility of DNA Evidence by Improvement of DNA examination system

박정훈(국방부 조사본부 과학수사연구소)

41호, 67~96쪽

초록

DNA evidence, which can be considered the most important method of scientific evidence, is essential to solving various crimes and accidents, including sexual crimes. Also, evidence obtained from DNA examination provides the most effective and admissible evidence compared to all other types of scientific evidence. Although it has been over 20 years since Korea has started conducting DNA examinations, our country lacks the standard scientific procedures, methods, and standards of DNA examinations. And Organizations that conduct examinations must also have a serious discussion on 'Chain of Custody', which states that DNA evidence must be collected, stored, transported, and examined without contamination or damage and must preserve its 'Integrity'. Also, each organization has different criteria and certifications necessary for selecting its DNA examiners. Furthermore, Korea doesn't have a systematic education program to train DNA examiners. Even if DNA examiners obtain results following scientific procedures and methods, if one considers that the examination and results are conducted and analyzed by the examiner then it will be made clear that implementing a systematic education and evaluation of DNA examiners is an urgent matter. Also, since most organizations that conduct examinations are directly or indirectly related to investigative organizations, objectivity issues can be considered a potential problem. This is why organizations that conduct examinations must be independent from investigative organizations and conduct examinations objectively.

Abstract

DNA evidence, which can be considered the most important method of scientific evidence, is essential to solving various crimes and accidents, including sexual crimes. Also, evidence obtained from DNA examination provides the most effective and admissible evidence compared to all other types of scientific evidence. Although it has been over 20 years since Korea has started conducting DNA examinations, our country lacks the standard scientific procedures, methods, and standards of DNA examinations. And Organizations that conduct examinations must also have a serious discussion on 'Chain of Custody', which states that DNA evidence must be collected, stored, transported, and examined without contamination or damage and must preserve its 'Integrity'. Also, each organization has different criteria and certifications necessary for selecting its DNA examiners. Furthermore, Korea doesn't have a systematic education program to train DNA examiners. Even if DNA examiners obtain results following scientific procedures and methods, if one considers that the examination and results are conducted and analyzed by the examiner then it will be made clear that implementing a systematic education and evaluation of DNA examiners is an urgent matter. Also, since most organizations that conduct examinations are directly or indirectly related to investigative organizations, objectivity issues can be considered a potential problem. This is why organizations that conduct examinations must be independent from investigative organizations and conduct examinations objectively.

발행기관:
안암법학회
DOI:
http://dx.doi.org/10.22822/alr..41.201305.67
분류:
법학일반

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DNA감정체계 개선을 통한 증거능력 확보방안 | 안암법학 2013 | AskLaw | 애스크로 AI