유전자정보은행제도와 인권

Abstract

The international cooperation for preventing crimes becomes one of the main issues in criminal policy, which contain DNA test for identification of criminals. So the establishment of DNA databank and its legal basis seems to be inevitable to exchange data about DNA profile of criminals among nations. Furthermore, with increasing violent crimes or sex crimes against children, momentum is shifting toward overcoming paternalism for criminals and preparing effective and decisive countermeasures. In this repspect, we have a pretty understanding with governmental establishment of the new Use and Protection of DNA Identification Data Act 2010. And it may be estimated positively, in that the Act improves defects of the Bill 2006 for establishing DNA databank, considering opinions of academia, investigative fields, legal circle and human rights organizations. Notwithstanding this persuasive situation, establishment of DNA databank involves possibility of serious restriction of human rights, such as freedom of personal liberty, self determination of personal data, presumption of innocence, and abusing the databank. This paper shows that through analyzing legislation process of the Act basis of argument pro and contra about inducting DNA databank system unfolded in a very diverse way and by reviewing individual items of the Act, such as management agencies of DNA databank, crimes eligible to collect DNA profiles, subjects, from which DNA samples be able to be taken, the treatment process of DNA database, including scrap and deletion of the database, the Act still contains several defects. Fundamentally many expresses concern about expanding governmental network of surveillance against individuals by introducing the system of DNA databank. Although putting pessimistic opposite views about the introduction itself aside, it is our significant assignment to make clear and then make up for defects of the Act, to prevent from managing DNA databank of criminals too extensively and slackly.