'디엔에이신원확인 정보의 이용 및 보호에 관한 법률안'의 위헌성과 기타의 문제점 및 그 대안

초록

DNA information was frequently used in the area of a disease in the past. However, the DNA information is actively used these days in the area of identity establishment. Some countries including the United Kingdom have established and managed the DNA Date Bank of the criminals. In Korea, since the mid-1990s, the DNA informations of the individuals have been used in the criminal investigation as well as in identifying biological child. The prosecution and the police in Korea felt convenient for the investigation by using the DNA informations. Therefore, the Ministry of Justice submitted the bills on the use of the DNA informations in the investigation to the Congress before. Last October, the Ministry of Justice submitted again 'the Bill on the Use and Protection of DNA Identity Establishment Information' to the Congress. In this paper, at first, I will survey the background of the submission of the bill and its major contents. Then, I will examine the unconstitutionality of the bill in terms of the infringement of the right of privacy in Art.17, the equality right in Art.11, the double jeopardy in Art.12 Sec.1, the presumed innocence in Art.27 Sec.4, warrants doctrine in Art.12 Sec.3, and the prohibition of guilt-by-association in Art.13 Sec.3 of Korean Constitution. In addition, this paper will examine the problems of DNA database of the criminals in terms of a desirable public policy. Conclusively, this paper will propose an alternative of the bill that has solved the constitutional and public policy problems of the bill.

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