「디엔에이신원확인정보의 이용 및 보호에 관한 법률」상 디엔에이신원확인정보의 채취대상에 관한 검토

Abstract

Today, crime has become more intelligent and brutal, making it difficult to detect crimes, and thus the need for scientific evidence in criminal investigations and criminal proofs has increased. In most countries, DNA information is used as an important evidence for investigation. However, many argue that the collection of DNA identification information under the DNA law can violate individual privacy and other personal rights, and that it goes against the principle of presumption of innocence and the principle of excessive prohibition under the Constitution. However, the Constitutional Court confirmed that the collection of DNA identification information under the DNA Act was not a violation of the Constitution. In response, this paper reviewed the purpose of the DNA Act and discussed the target crimes and persons subject to DNA information, and argued for the expansion of its use. In other words, the collection of DNA identification information under the DNA Act does not treat the person subject to collection as a criminal. There is not much invasion of privacy in that it is only collected in terms of collecting administrative information and used as data to identify criminals in the event of a crime occurs. Therefore, it is necessary to expand the collection target of DNA identification information to suspects of all crimes except minor crimes, regardless of whether they are arrested or not, and to make them database when the sentence of imprisonment or confinement is confirmed. However, it is necessary to prepare strict regulations on the management and utilization of DNA identification information in order to minimize concerns about privacy infringement by collecting them.