대만의 유전자표본채취조례(去脫氧核糖核酸采樣條例) (1999년)에 대한 연구
DNA(Deoxyribonucleic Acid) Sampling Act(1999) of Taiwan
김성수
초록
This article is mainly treated on the DNA(Deoxyribonucleic Acid) Sampling Act (去脫氧核糖核酸采樣條例) of Taiwan(hereafter we say the act), which was promulgated on 3 February 1999 and came into force on 2 February 2000. The act, composed of 14 articles, is enacted with the goal of safeguarding citizens' safety, assisting in forensics, searching for missing population, identifying parenthood, enhancing the effectiveness of criminal investigation and effectively preventing sexual offenses(article 1). The essential points of the act are as follows :First, the competent authority shall be the Ministry of the Interior(article 2) and it shall designate or establish a dedicated agency in charge of the matters specified(article 4). Secondly，it defines some terms prescribed under the act(article 3)，e.g. : DNA, DNA sample, DNA record, DNA database, sex crime and serious crime, etc. Next, it makes a list of persons who shall undergo a compulsory DNA sampling. (article 5) and provides for judicial procedures of carrying out the DNA sampling. (articles 6, 7 and 8) and for the matters related to requesting a voluntary and chargeable DNA sampling(article 9). Moreover, it specifies the matters that shall be observed by the authorities for carrying out the sampling(articles 10, 11 and 12). Compared with the Use and Protection of DNA Identification(2010) of Korea, it is only focused on the DNA sampling, not the use and protection of DNA information, as we can see the act title. There are many similarities between both of them, e.g., object of the act, competent authority, sampling precedures. etc. But Obvious differences are as follows: To begin with, the coverage of crime governed by Taiwanese act are so limited only to sex offenses and serious crime, nevertheless，Korea's has so wide range of offenses, on which someone criticize as excessively controlling. And then in Taiwan, the DNA data obtained by the act, are also available for the confirmation of the civil relationship on Parenthood. Having no reforms until now, the taiwanese act is being discussed about some critical issues, and finally revised on Dec. 14 2011. For example, the act's sphere of application is too narrowly governed, because it is restricted only to investigation of sex crime and serious crime, and leaves unresolved in other ‛minor' crimes, although even to solve them, it is highly demanded to use this highly effective tool. So it is now making an legislative effort to extend the sphere of application.