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The DNA Identification Act in South Korea: Issues of Justifiability and Efficacy

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Authors
Choi, Min-Young
Issue Date
2015-12
Publisher
School of Law, Seoul National University
Citation
Journal of Korean Law, Vol.15 No.1, pp. 157-190
Keywords
DNA Identification Act in South KoreaJustifiabilityEfficacyDNA DatabaseCriminal Justice PolicyFreedomSecurity
Abstract
The DNA Identification Act was enacted in South Korea in 2010 after a long series of discussions spanning 15 years. The DNA Identification Act deals with how to collect and use DNA samples from criminal suspects and how to retain the derived information in a database. First, Part II of this paper describes the legislative process and contents of the DNA Identification Act, illustrating the conflict between different interest groups concerned respectively about public safety and individual freedoms. Part III discusses the implications of this Act to the current criminal justice policy in South Korea and discusses whether the DNA Identification Act is necessary by examining risk management policy as well as asking whether the expanded DNA database has an effect on crime prevention. Part IV analyzes whether the current Act is justifiable by focusing on its three legislative purposes: criminal investigation, crime deterrence, and protection of individual rights and reviews major issues of this Act.
ISSN
1598-1681
Language
English
URI
http://hdl.handle.net/10371/97153
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) Journal of Korean LawJournal of Korean Law Volume 15 Number 1/2 (2015/2016)
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