DNA 분석과 법과학적 증거의 활용

DNA Analysis and Forensic evidence

초록

DNA analysis is very powerful means to identify an individual. History of using scientific knowledge and techniques is not short. However, DNA analysis make many issues in forensic science area because of its accuracy and usefulness. Some think that we should reconsider the standard of evidence values because of this technique. However, there are many debates on using DNA analysis in criminal procedure because DNA analysis uses human biological material and its results contain genetic information of individuals. Privacy can be harmed by this technique and unequal treatment of human may occur. But, the information obtained by analyzing STR loci which are used in DNA analysis in criminal procedure and deposit in criminal DNA database is considered not to contain any genetic information. There are trend to expand the number of STR loci in criminal DNA database because of its utility. FBI has a plan to expand it from 13 to 20 after 2017. Korea will also has a plan to do. When we discuss it, we should consider not only its utility but also its side-effect. The expansion of STR loci in criminal DNA database is examined comparing existing STR loci. The ethical and legal implications of DNA analysis should be discussed under the light of the exact scientific knowledge and technique. We don`t need to be afraid of its harm based on the misunderstood information or ignorance. Also, we should carefully design ethical and legal frameworks to prevent its side-effect.

키워드

법과학DNA 분석디엔에이신원확인정보의 이용 및 보호에 관한 법률DNA 마커 확장Forensic ScienceDNA analysisDNA ActExpansion of DNA markers
제목
DNA 분석과 법과학적 증거의 활용
제목 (타언어)
DNA Analysis and Forensic evidence
저자
정규원
DOI
10.18018/HYLR.2016.33.4.109
발행일
2016-12
저널명
법학논총
33
4
페이지
109 ~ 126