「디엔에이신원확인정보의 이용 및 보호에 관한 법률」의 의미와 디엔에이신원확인정보의 채취대상

With the development of science today, the importance of scientifc evidence incriminal investigation or criminal prof is emphasized by the acuracy of scientifcevidence. Moreover, securing DNA information at crime scenes and other sites is beingused as a very important means to solve crimes as the number of unmotivated crimessuch as crime without motive increases. Therefore, other countries are also colectingDNA information of criminals and using it as a database for criminal investigations. OnJanuary 25, 2010, the Act on the Utilzation and Protection of DNA IdentifcationInformation was enacted in Korea. However, the DNA Act focuses on preventing futurecrimes rather than solving curent crimes through the database of DNA identifcationinformation. However, Article 7 of the DNA Act has raised controversy over the natureof the law by alowing it to be included in the DNA identifcation information databaseonly for those whose identiy has not ben confirmed. Based on the review of the meaning of the DNA Act, this paper examined theproblems of the curent law based on existing discusions on the colection, storage, anduse of DNA identifcation information at crime scenes, etc., and proposed measures forimprovement. In particular, the colection of DNA identifcation samples for criminalinvestigation purposes must be regulated by the Criminal Procedure Act. but it isnecesary to minimize unfair colection, misuse, and abuse of DNA information byinvestigative agencies by ensuring compliance with due proces of law.