DNA형에 의한 기소제도의 도입론에 관한 연구

Advancements in DNA technology and the establishment of vast DNA databases have significantly impacted criminal justice systems worldwide. In the United States, DNA evidence has played a crucial role in solving cold cases, especially in sexual offenses, by enabling the identification and prosecution of perpetrators even after the statute of limitations has expired. This practice, which allows for prosecution based on DNA identification, has effectively bypassed traditional time limitations for certain crimes. This paper examines the theoretical foundations supporting exceptions to statutes of limitations in sexual crimes, with a focus on DNA-based prosecution. It explores the significance of this practice in the United States including the legislative framework and case law addressing its application. The paper also discusses the practical issues surrounding the use of DNA evidence for prosecution, as well as the constitutional and legal debates on its potential for abuse or errors. While the DNA-based prosecution system in the United States is relatively young, with a history of only about 25 years, it has shown positive results. Although concerns about errors in DNA analysis and potential wrongful convictions remain, rigorous oversight mechanisms are in place to mitigate these risks. Given the strong public interest in justice, particularly in cases of sexual violence, the introduction of DNA-based prosecution in South Korea should be seriously considered. The paper suggests that such a system could be applied to certain sexual offenses, while extending statutes of limitations for other types of sexual crimes. This approach would help uphold public trust in the legal system and ensure that perpetrators of serious crimes are held accountable, even after the expiration of traditional legal timeframes.