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

Select target paragraph3