실효성 있는 배제(elimination) 데이터베이스의 운영 방안에 관한 연구

Abstract

This study explores effective operational strategies for an elimination DNA Database (hereinafter “elimination DB”) to address the issue of DNA contamination that may arise in forensic investigations. With advancements in DNA analysis technology and increasing detection sensitivity, even trace amounts of DNA can be identified, raising concerns about potential contamination misleading investigations and resulting in miscarriages of justice. In response, many forensic science-advanced countries have implemented elimination DB systems under legal frameworks, encompassing a broad range of registered personnel such as investigators, forensic analysts, and manufacturing staff. In contrast, Korea’s elimination DB is operated in a limited manner based solely on internal guidelines of the National Forensic Service, lacking a clear legal foundation and a comprehensive scope, which significantly undermines its effectiveness. This study compares domestic and international models of elimination DB operation and analyzes associated legal and social issues, including constitutional concerns, the right to informational self-determination, bodily integrity, and labor rights. Based on this analysis, the study emphasizes the need for legislative enactment, expansion of the categories of registrants, and the establishment of procedural safeguards to protect personal data. It further advocates for a balanced institutional design that ensures both voluntariness and operational effectiveness. Ultimately, the study argues that a well-regulated elimination DB can enhance the credibility of forensic science and contribute to the realization of judicial justice, offering concrete legislative and policy recommendations for its effective implementation in Korea.