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Discussion on human rights violations of bio-forensic evidence in investigation procedures

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2021, 9(2), pp.295-340
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : April 30, 2021
  • Accepted : May 22, 2021
  • Published : May 31, 2021

Lee, In Gon 1

1호서대학교

Candidate

ABSTRACT

Developed countries in foreign countries have long developed bioforensics research of various emotion techniques and been used in various fields. Examples include fingerprints, documentation, DNA and bloodstain analysis. By the end of the 20th century, advances in advanced technology have added importance to DNA emotions. In order to make better use of advanced DNA technology in scientific criminal investigations, DNA databases have already been operated and practiced in the U.S. since the mid-1990s. The foundation of Korea's scientific investigation development can also be seen as influenced by scientific investigation by major advanced countries. Considering this, it is very important to consider the current status of bioforensics development in advanced countries and to look at the implications. Of course, there have already been many prior studies of bioforensics status in each country. Since the early 2000s, many scholars have started researching the overall development of legal science in each country, but only a few scholars were interested in the research at the time. Therefore, the subject and field of study were somewhat narrow. In the late 2000s, interest in the legal science system of each country increased, and many jurists, criminal policy scientists, criminologists, and law scientists attempted various studies in earnest. Based on these studies, the Institute of Criminal Policy recently conducted comprehensive legal science research for the first time in Korea. However, existing studies have some limitations. Most of the contents of foreign legal science systems remain flat introduction to the organization and responsibility of legal science research institutes in each country, and future research by younger students is expected. As for recent legal science trends, most of the reports published in the United States in 2009 are focused, and the criteria for the judgment of expert testimony in the United States are repeatedly introduced for legal content such as evidence and proof. On the other hand, insufficient research has been done on what is a problem in the criminal policy of reality in individual forensics fields in each country, and what are the recent changes in practice. In this study, the focus is on the field of Bio forensics, which aims to add weight by looking at each country's development status one more time and more specifically. In particular, we focus on looking at changes and issues in the field of Bio forensic, and we want to go too far with regard to Bio forensic institutions or organizations. Recently, a wide variety of discussions have been held in the U.S., Germany, and Japan, focusing on DNA emotions, and critical analysis has been conducted on the reliability of DNA emotions. In the UK, there are a growing number of cases of entrusting forensic emotions to the private sector to improve work efficiency, but concerns are also rising over the side effects. I would like to look carefully at these cases and look at the implications of any positive impact on our country.

Citation status

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