개인 유전정보의 형사사법적 이용의 문제점과 이에 대한 해결방안

The Use of Individual Genetic Information in the Criminal Procedure ― the Problems and Solutions ―

&nbsp;&nbsp;The high technology in modern society like bio-technology or information technology requires more and more the use of individual genetic information not only in the field of research or medical service but also in the criminal procedure. In spite of the growing demand, so far there is no appropriate legal rules which set up to control the use of the individual genetic information in the criminal courts in a way to protect the personal information.<BR>&nbsp;&nbsp;As the criminal justice deals with the punishment which will seriously affect one&quot;s basic benefit of the law, the use of the genetic information in a criminal court should be carefully controlled. On the other hand it is not imaginable and undesirable to totally prohibit it, for the use of genetic information apparently gives undeniable benefits to us. So it is the only choice left to us to make out technical and normative criterions in using the genetic information, the DNA Databank, etc., with them to fulfil the important, seemingly conflicting, values, for example the efficiency of criminal justice and the protection of the human rights of the suspects. At the same time the traditional principles of criminal procedure should also be taken into account.<BR>&nbsp;&nbsp;In this article several issues are pointed out and their solutions are suggested. At first, it recommends to set up concrete technical and normative criterions for the genetic identification which should secure at least reliability, propriety, fairness. Secondly, the strict reliability-criterions and permission-requisites of DNA evidence should be set up in order to find out the feasibility of it as evidence. Thirdly, in case of the DNA Databank, the technical and normative criterions for its reasonable operation should be set up and the procedural requisites for its transparent and fair operation should be regulated by law. And lastly, it suggest that there should be active public discussions to make more objective judgments on the social benefits and harms of high technology, the efficiency of the criminal justice, the protection of individual information, the usefulness and limits of genetic information in the criminal justice, etc.