DNA 채취제도의 문제점과 개선방안

The Act on the Use and Protection of DNA Identification Information was enacted as effective countermeasures against crimes that are becoming more and more ferocious and intelligent, and DNA identification information system was constructed and has been operated based on the Act. However, whether DNA sampling system is being operated in line with the intent and objective of enactment of the Act remains doubtful, with excessive extensiveness of the crimes subject to DNA sampling and uncertainty as to the use of DNA sample in place. In executing a warrant on sampling against suspects who disobey demands of enforcement agency for sampling, there is still a limit in execution of a warrant due to ambiguity about how far can the enforcement agency exercise its use of force. Furthermore, excessive restriction on basic human rights of suspects and problems of abuse of collected information still remain since the enactment of the Act on the Use and Protection of DNA Identification Information. To address these problems, it is necessary to reduce targeted crimes to suit the intent and objective of enactment of the Act, and determine those subject to DNA sampling through judgment in consideration of the risk of recidivism, character of crime, etc. To secure effectiveness of the enforcement of a warrant for sampling, it is also necessary to prevent unnecessary infringement of human rights and loss of enforcement power by supplementing in detail the exercise of the use of force. In addition, the scope of the use of samples shall be clearly stipulated.