유전자감식의 법적 문제

• 영문명: DNA Profile database
• 발행기관: 한국형사정책학회
• 저자명: 정규원(Kyu Won Jung)
• 간행물 정보: 『형사정책』刑事政策 第18卷 第2號, 67~84쪽, 전체 18쪽
• 주제분류: 사회과학 > 정책학
• 파일형태: PDF
• 발행일자: 2006.12.01

영문 초록

  Genetic testing is used many purposes. After mid-1980s, genetic testing is also used in the field of forensic science and it also applied to investigate the criminal cases. In Korea, we also have discussed the use of genetic testing in criminal investigation after early 1990s. After about 15-years hot debates, 〈Draft of Collection and Control of Genetic Database for Criminal Procedure〉 was born this year. Genetic testing is powerful in excluding suspects from an investigation and acquitting the innocent.
  DNA profile database is the institute which is constitutes by the results of the individual genetic testings. DNA profile database is composed of Felon Index, Forensic Index, Population Index. Protection of citizen"s privacy is more seriously considered when the institute makes the Population Index.
  We should consider some points when we discuss the DNA profile database. Firstly, the act of sampling of genetic materials may cause bodily harm and generally constitutes an invasion of privacy. Secondly, we should determine in which kinds of crimes the DNA profile database may be allowed. Thirdly, we also should determine in which stage of the criminal process the genetic material for test and storage may allowed. Fourthly, we always remind that the meaning of the genetic testing in the criminal procedure is limited. Fifthly, the genetic testing and maintenance of the DNA profile database for the criminal procedure should be qualified and regulated by authoritative body whish has the professional knowledge and experiences at that field. Sixthly, the guideline for the DNA profile database should be made for the quality control and the protection of the subjects. Most of all, in genetic testing for the criminal procedure the abuse of the genetic information may not happen because the information which is obtained by that test is very limited. But if the samples are stored and other types of genetic test are performed by using these samples, we may get much information about the subjects. So we should have some means for protection of the collected samples.
  These has been long and hot discussion in Korea whether the DNA profile database should be allowed or not. But we are on the new stage by the rapid development of the science and technology. We should determine in which kinds of crime the DNA profile database may allowed and how to perform the testing and how to protect the privacy and other harms.

목차

Ⅰ. 들어가며
Ⅱ. 유전자감식
Ⅲ. DNA 프로필 데이터베이스
Ⅳ. 범죄수사 목적의 유전자 감식정보의 이용
Ⅴ. 결론
참고 문헌
ABSTRACT

키워드

유전자감식 DNA 프로필 데이터베이스 유전자감식정보의 수집 및 관리에 관한 법률안 Genetic testing DNA profile database Draft of Collection and Control of Genetic Database for Criminal Procedure