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학술저널

DNA 데이터베이스 구축을 위한 헌법적 검토

The constitutional review for DNA Database

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There is positive view point about DNA database. The introduction of DNA database is effective mean to solve violent crimes or sex crimes. And it can elevate usefulness of criminal investigation to prevent second offense of violent crimes. Currently, DNA database has been operated as criminal investigative method in many countries. In Korea, there was a try to introduce DNA database in 1994, 2006 by national police agency and prosecutorial office. And in 2009, new legislative system of DNA database has been introduced by cooperation of the national police. In relation to DNA database, many problem are proposed like this; ①wrongful invasion of privacy in relation with genetic information of individuals, ②unjustice discriminative restriction by DNA information, ③collection of information by wrong DNA test. Consequently, misuse and abuse of the information may be much likely to infringe on human rights. Therefore DNA database should be managed strictly not to make use of it for other purpose than criminal investigation. In addition, DNA database should be introduced within constitutional limits.

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