수사의 효과성 향상을 위한 DNA 가계검색 활용 검토 - 수사 상당성의 원칙을 중심으로 -

Abstract

DNA technology has brought remarkable results, such as contributing to the resolution of crimes that are difficult to solve by the traditional investigative techniques. In movies and dramas, the scene where an investigator identifies a suspect and arrests a criminal through DNA analysis is now becoming a symbolic aspect of criminal investigation. DNA technology is expected to play a pivotal role in criminal investigations in the future. However, it is somewhat questionable whether we are fully utilizing these advanced DNA technologies in criminal investigations. In the 21st century, countries are using advanced DNA technology, such as DNA familial search, to identify suspects. Despite these developments, South Korea still uses DNA technology to a limited extent only for individual identification. This seems to be due to the fact that there is not enough consensus on the use of DNA evidence as social controversies continue. In addition, as the number of violent cases has been decreasing recently, and the number of cases of early resolution of violent cases in investigative agencies has increased, there is no discussion about the expansion of the use of DNA technology. This study argues that South Korea should also actively review the use of DNA family search. DNA technology is constantly developing, and as confirmed by the ‘Hwa-Seong Serial Murders’ the potential of DNA technology is enormous. Although the social controversy over the use of DNA technology has not yet been completely resolved, investigative agencies need to make efforts to develop DNA-related investigative techniques before confronting the need. For the stable establishment of DNA genealogy analysis technique, it would be a good way to prepare a substantive and procedural control device considering the principle of investigative relevance.