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미국·영국·프랑스에서의 디엔에이(DNA) 채취법에 대한 위헌논의와 한국에의 시사점
이성기(Lee, SeongKi) 한양법학회 2011 漢陽法學 Vol.36 No.-
The DNA law of Korea was enacted in 2010, long after a debate among interest groups, due to its possibility of violating human dignity and individual privacy. At the time of its enactment, the law was expected to enhance effectiveness in crime investigation, by allowing investigatory authorities to obtain biological samples from detained suspects and convicted persons. Counter to the original expectation, however, the DNA law is currently highly controversial among scholars and human-rights groups about its constitutionality. In addition to that, five persons respectively appealed to the Korean Constitutional Court (the KCC) and those cases are currently pending and will be reviewed by the judges of the KCC. The main issue of these cases is the constitutionality of Article 6 of the DNA law, that allows investigatory police officers to seek a warrant from a judge to obtain biological samples from a suspect who is not convicted but in detention. This paper studies and compares with the arrestee statutes of the United States, the United Kingdom, and France, which allow investigatory authorities to gather biological samples form arrestees who are not convicted of some specific offences. Part II, III, and IV of this article focus on explaining and comparing current cases that deal with the constitutionality of the arrestee statutes of the three countries. And Part V suggests a few issues that must be considered in the discussion of constitutionality of the DNA law in Korea.
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