neglected who needs assistance. (November 18, 2011)
C. Opinions Submitted to Courts and the ConstitutionalCourt
1) Opinion on Constitutional Appeal (Case # 2001Hun-Ma28)
The Commission submitted its opinion to the Constitutional Court that its ruling on a
constitutional ruling claiming the unconstitutionality of the Act on Use and Protection of
DNA Identification Information (hereafter, ‘DNA Identification Act’) is likely to
correspond to a ‘lawsuit that has a significant impact on protection and advancement of
human rights’ considering major aspects of the ruling involving justification and restriction
of the right to self-determination of private information caused by collection and use of
DNA samples for identification. Specifically, the ruling is likely to have implications on
major human rights issues including conditions under which the government was allowed
to collect and store DNA information of individuals; procedures that need to be taken by
the government in order to restrict the right to self-determination of private information;
and how long such private information can be retained.
The opinion included that i) application of the DNA Identification Act is too broad and
includes offences that do not warrant DNA identification. Compelling DNA information
based solely on conviction of certain crimes without regard to motive, severity, and
tendency of the convicted crime or possibility of repeat offense may contradict the
Constitution’s principle of prohibiting excessive force and is likely to invade the convicts’
right to self-determination of private information; ii) compelling suspects who are arrested
to submit DNA samples may violate the presumption of innocence; iii) by failing to
stipulate a practical guideline for judges to determine just causes of warrant for DNA
samples filed by prosecutors, there is a great concern for the Act to be violating the warrant
requirement principle as it stipulates a process that disregards the warrant requirement by
failing to meet prerequisites necessary to validate content form; and iv) the Act stipulates
that DNA identification information may only be expunged by the authority or at the
54
Part II. Major Activities of the Commission