Necessity of Guidelines for Research in Forensic Science: DNA Identification.

Jung, Kyu Won

doi:2019.43.2.54

Korean J Leg Med > Volume 43(2); 2019 > Article

Review article

Korean Journal of Legal Medicine 2019;43(2):54-63.
DOI: https://doi.org/10.7580/kjlm.2019.43.2.54 Published online May 31, 2019.

Necessity of Guidelines for Research in Forensic Science: DNA Identification.

Kyu Won Jung

School of Law, Hanyang University, Seoul, Korea. dike1@hanyang.ac.kr

Abstract

Forensic science is an academic field that utilizes scientific knowledge and the conducting of research in legal procedures. Recently, legal science has been receiving more attention since the use of DNA identification started, especially in criminal procedures, in accordance with the development of human genetics. DNA identification has been used to identify criminals by analyzing humanoriginated biological materials obtained from crime scenes, and, more recently, the breadth and effectiveness of their use has been increasing with the operation of DNA databases. The Korean government regulates the operation and utilization of the DNA database through the “Act on Use and Protection of DNA Identification Information.” Meanwhile, the actual study of human genetics is regulated by the “Bioethics and Safety Act.” Professional areas, such as forensic science, are not areas where regulation by the laws is appropriate. However, the core part of behavior has to be ruled by the laws, considering the impact of scientific achievements on society and individuals when they are utilized. Since most scientific research and performance utilization belong in the scientific and technological domains, regulation through experts' autonomous guidelines is more appropriate. For the regulation of biomedical research through ethical guidelines, some requirements should be satisfied: the ethical guideline should be made by suitable professionals; the ethical guideline should be scientifically and ethically reliable; the ethical guideline should be enforced by a trustworthy institution; and most importantly, the scientist community should be trustworthy.

Key Words: Forensic sciences, Guideline, Identification, Constitutional Law, Law