Using the Deoxyribonucleic Acid and Criminal Law

In fact, it is not possible for use of this information and collecting DNA to comes completely within the current criminal law and criminal procedure system without any logical defect. It may could seem that the utility of DNA could improve the effectiveness of criminal investigations to arrest the criminal actors at an early stage. However, this leads to serious violations of the privacy of the person because the system has the basic spirit, the nation consider people who have a high risk of criminal trait in the future as criminal confirmed offender. This is clear discrimination between objects and general people. Nation arrange the objects on special crime group This means that they are different from another group without grounds and control under surveillance unauthorized access. As you know, an individual's personal identification in South Korea can be confirmed and characterized by fingerprints and photographs of the identity card already. The system shows the leading case of hostile criminal law. The remedies of legislation that I have proposed is not perfect. However, if the use of DNA genes is necessary for a criminal investigation, it is right to avoid the violation of fundamental right (privacy right) of constitutional law and basic principle of criminal law as soon as possible. So I think it would be desirable attitude for legislators to try to be consistent with and harmonized within the existing South Korean criminal law systems.