유전자정보은행제도와 인권

• 영문명: The System of DNA Databank and Human Rights
• 발행기관: 한국형사법학회
• 저자명: 신양균(Shin, Yang-Kyun)
• 간행물 정보: 『형사법연구』형사법연구 제22권 제3호, 59~83쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.02.05

영문 초록

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.

목차

Ⅰ. 논의의 방향

Ⅱ. 입법과정에 대한 검토

Ⅲ. 유전자정보은행제도와 인권

Ⅳ. DNA신원확인법의 개별적 검토

Ⅴ. 맺음말

키워드

디엔에이 프로파일 디엔에이 데이터베이스 개인정보의 자기결정권 디엔에이신원확인정보의 이용 및 보호에 관한 법률 재범의 위험성 DNA Profile DNA Database right of self-determinaion of personal data Act on Use and Protection of DNA Identification Data dangerousness of repeated crimes