피의자의 지문채취의 법적 쟁점과 개선방안

In a criminal procedure, it is important to determine and ascertain criminal facts and offenders. The determination of criminals (suspects), in particular, is diverse in method and comprises the core part of the criminal procedure. The easiest way to identify a suspect is through collecting and verifying the suspect’s fingerprints. This method is generally used owing to its simplicity and that it does not evade human rights. Countries like Germany, France, and Japan stipulate the collection of a suspect’s fingerprints under criminal procedure law. In the case of Korea, however, the fingerprint collection process is prescribed under the Administration and Treatment of Correctional Institution Inmates Act and the Act on the Lapse of Criminal Sentences but not directly stipulated under the Criminal Procedure Act. A suspect’s fingerprints need to be collected for the following purposes: (i) determine and identify a suspect; (ii) verify whether the suspect took part in the crime; (iii) determine whether the offense falls under a repeated crime; (iv) determine existence of reason for disqualification of suspended sentence; (v) prove requirements to impose criminal responsibility; (vi) verify and prove concurrent crimes; (vii) double check fake name or proxy attendance; (viii) identify the suspect in other investigation procedures or sentence execution process; and (ix) collect data for proper sentencing. Collecting a suspect’s fingerprint in an investigation process cannot be deemed as an infringement of human dignity, freedom of conscience, right to pursue one’s happiness, personal liberty, right not to have one’s body harmed, right to self-determination of personal information, or the principle of prohibition against self-incrimination. While it is possible to forcibly collect a suspect’s fingerprints through a warrant for seizure, seizure, and verification in case the suspect does not adhere to the fingerprint collection process, the legal basis related to fingerprint collection should be established under the Criminal Procedure Act so as to alleviate any unnecessary concerns surrounding fingerprint collection.