지문의 증거능력에 관한 연구 ― 지문 감정인 증언의 증거능력 및 감정결과의 신뢰성에 대한 비교법적 연구를 중심으로 ―

This article discusses current forensic evidential issues on how to admit and interpret latent fingerprints evidence by focusing on scientific controversies that have lasted for decades especially in the United States, the U.K. and the ENFSI(the European Network of Forensic Institute). According to the research on the scientific validity of fingerprints evidence, this paper concludes that those controversies are somewhat legitimate from the scientific perspectives because there is no general study on foundational validity as the PCAST report puts it. The research, however, shows that those issues and arguments do not provide any practical alternatives to the current evaluation method of fingerprint method either, which is the critical reason why forensic agencies around the world hesitate in changing the firmly established evaluation standard of fingerprints evidence. This article, accordingly, suggests that Korean National Police Agency needs to initiate foundational research that aims to find out foundational error rates of fingerprint evaluation method, that examiners provide objective and transparent testimony on the limits of fingerprint evaluation method, and that provide a clear and specified manual that elaborates the required evaluation and verification process of fingerprint and mandatory documentation, like the code of conducts of the U.K. and the best practice manual of the ENFSI provide.