Article 1(Purpose) #
The purpose of this Decree is to provide for matters delegated by the Act on Use and Protection of DNA Identification Information and those necessary for the enforcement thereof.
Article 2(Definitions) #
The terms used in this Decree shall be defined as follows:
1. The term "personal information, etc." means personal data of a person subject to the collection of DNA samples under Article 5 or 6 of the Act on Use and Protection of DNA Identification Information (hereinafter referred to as the "Act"), such as his or her name, resident registration number (referring to alien registration number, passport number, etc., in cases of foreigners), and information related to the collection of DNA samples or a case which is the ground for the collection of DNA samples;
2. The term "identification code" means a classification system created by combining numbers, letters, symbols, etc., and stored in the DNA identification information database (hereinafter referred to as "database"), instead of the personal information of a person subject to the collection of DNA samples under Article 5 or 6 of the Act, for identification of an individual.
Article 3(Operation of DNA personal data management system) #
(1) The Prosecutor General and the Commissioner General of the National Police Agency shall take actions necessary to carry out the following duties, including the connection and operation of DNA personal data management systems (hereinafter referred to as "personal data management systems") established by combining hardware, software, database, networks, security features, etc.:
1. Duties related to the management of personal information, etc. and identification codes;
2. Duties related to the verification of personal information, etc. concerning DNA identification or the search and responses to be made with respect to DNA identification information;
3. Duties related to the verification of duplicate collection of DNA samples or the omission of collection;
4. Duties related to the verification of reasons for the deletion of DNA identification information.
(2) The personal data management system can access the criminal justice information system under the Act on Promotion of the Digitalization of the Criminal Justice Process.
Article 4(DNA personal data manager) #
(1) The Prosecutor General and the Commissioner General of the National Police Agency may designate a DNA personal data manager to be in charge of the creation and attachment of identification codes and the duties specified in Article 3 (1), from among the public servants under his or her management.
(2) In order to enter, change, or delete information on the personal data management system, a DNA personal data manager may grant authority to a person to access the personal data management system, from among the public servants of the institution where such manager belongs.
(3) A DNA personal data manager may take measures to allow a prosecutor or senior judicial police officer to inspect the personal data management system to verify duplicate collection of DNA samples, conduct investigations into related cases, etc.
(4) Where a DNA personal data manager finds that the collection of DNA samples from a person subject to collection of DNA samples under Articles 5 and 6 of the Act is omitted after reviewing data on the personal data management system, he or she shall notify the prosecutor (including military prosecutors; hereinafter the same shall apply) or senior judicial police officer (including senior military judicial police officers; hereinafter the same shall apply) of the fact without delay. <Amended on Jun. 30, 2022>
Article 5(Interlinking of databases) #
Where the Prosecutor General and the Commissioner General of the National Police Agency interlink their databases and operate them jointly pursuant to Article 4 (3) of the Act, they shall electronically link the contents of their databases for mutual inspection and search.
Article 6(Entrustment of collection of DNA samples) #
(1) In order to entrust to another the collection of DNA samples under Article 5 (2) of the Act, a prosecutor may request the head of a correctional institution or detention center, or its branch, a juvenile reformatory, a medical treatment and custodial facility, etc. (hereinafter referred to as "custodial facilities") to submit materials necessary for the confirmation of persons subject to the collection of DNA samples and for the entrustment of the collection of DNA samples.
(2) The head of a custodial facility entrusted with the collection of DNA samples from a prosecutor under Article 5 (2) of the Act, shall without delay, collect DNA samples from a person subject to the collection of DNA samples under Article 5 of the Act, and immediately send the collected samples to the prosecutor, along with the following documents:
1. A document showing the date and time, venue, and method of sample collection, the type of collected DNA samples, etc.;
2. Written consent referred to in Article 8 (3) of the Act (hereinafter referred to as "written consent to collection of DNA samples").
Article 7(Execution of warrant to collect DNA samples) #
(1) Where a warrant to collect DNA samples (hereinafter referred to as "warrant to collect DNA samples") is issued under Article 8 of the Act and a fugitive warrant and notification thereof is decided by a prosecutor, the Prosecutor General and the Commissioner General of the National Police Agency shall allow a prosecutor or judicial police officer to inquire into such facts through electronic materials related to fugitive warrants and management of the notification thereof.
(2) A judicial police officer or a public servant working for a custodial facility, commanded to execute a warrant to collect DNA samples from a person subject to collection of DNA samples under Article 5 or 6 of the Act in accordance with Article 8 (6) of the Act shall collect DNA samples from the person subject to collection of DNA samples without delay.
(3) A judicial police officer or a public servant working for a custodial facility who collects DNA samples under paragraph (2) shall immediately send the collected DNA samples to a prosecutor, along with the following documents; provided, this shall not apply when a judicial police officer (excluding a judicial police officer who works for a custodial facility), commanded to execute a warrant to collect DNA samples under Article 8 (6) of the Act, collects DNA samples from a person subject to collection of DNA samples under Article 6 of the Act:
1. A document showing the date and time, venue, and method of sample collection, the type of collected DNA samples, etc.;
2. A warrant to collect DNA samples.
Article 8(Collection method and management of DNA samples) #
(1) With respect to a person subject to the collection of DNA samples under Article 5 or 6 of the Act, any of the following methods shall be applied when his or her DNA samples are collected:
1. Collection from oral mucosa;
2. Extraction of hair samples including roots;
3. Extraction of body materials, secretions, or body fluids, from which DNA can be extracted (limited to where the collection of DNA samples pursuant to subparagraph 1 or 2 is not possible or is extremely difficult).
(2) Where the collection of DNA samples is made under Articles 5 through 8 of the Act, the Prosecutor General and the Commissioner General of the National Police Agency shall take measures necessary for the collection, transport, and storage of DNA samples, in order to prevent the decomposition or contamination of such samples or confusion with other DNA samples.
Article 9(Recording of collection of DNA samples) #
Where the collection of DNA samples is made under Articles 6 and 7 (1) of the Act, a prosecutor or senior judicial police officer shall prepare a document indicating the date and time, venue, and method of collection, the type of collected DNA samples, the reason for collection, etc. and attach it to the relevant case record.
Article 10(Delivery of DNA samples collected from prisoners or detained suspects) #
(1) A prosecutor or senior judicial police officer shall send DNA samples taken from a person subject to collection of DNA samples under Article 5 or 6 of the Act, along with the following documents to a DNA personal data manager designated by the Prosecutor General pursuant to Article 4 (1) (hereinafter referred to as "DNA personal data manager for the prosecution") or to a DNA personal data manager designated by the Commissioner General of the National Police Agency pursuant to Article 4 (1) (hereinafter referred to as "DNA personal data manager for the police"):
1. A document showing the date and time, venue, and method of sample collection, the type of collected DNA samples, etc.;
2. A warrant to collect DNA samples or written consent to the collection of DNA samples.
(2) A DNA personal data manager in receipt of DNA samples under paragraph (1) shall create an identification code to be attached to the bag, container, etc. where the relevant DNA samples are contained, input the relevant personal information, etc. and an identification code in the personal data management system, and, send the DNA samples to the Office of Forensic Science Planning of the Supreme Prosecutors’ Office (hereinafter referred to as "DNA identification information manager for the prosecution") entrusted with the duties of Article 10 (1) of the Act in accordance with Article 10 of the Act and Article 12 (1) of this Enforcement Decree or to the National Forensic Service (hereinafter referred to as "DNA identification information manager for the police") entrusted with the duties of Article 10 (1) of the Act in accordance with Article 10 of the Act and Article 12 (2) 1 of this Decree without delay. <Amended on Aug. 13, 2010>
(3) A DNA identification information manager for the prosecution shall without delay, send DNA identification information acquired from the DNA samples taken by a prosecutor from a person subject to collection of DNA samples under Article 6 of the Act to a DNA identification information manager for the police.
Article 11(Delivery of DNA samples collected from crime scenes) #
(1) A prosecutor or senior judicial police officer shall without delay, send DNA samples collected pursuant to Article 7 of the Act, to the person or institution as follows:
1. When DNA samples are collected by a prosecutor or senior judicial police officer (excluding senior military judicial police officer) under Article 7 of the Act: a DNA identification information manager for the prosecution or DNA identification information manager for the police;
2. When DNA samples are collected by a senior military judicial police officer under Article 7 of the Act: the Commanding General of the Criminal Investigation Command of the Ministry of National Defense entrusted with the work of identifying DNA samples collected under Article 7 of the Act in accordance with Article 10 of the Act and Article 12 (2) 2 of this Decree (hereinafter referred to as "DNA identification institution for the military").
(2) A DNA identification information manager for the prosecution or a DNA identification institution for the military shall without delay, send DNA identification information acquired from DNA samples received under paragraph (1) for which he or she has failed to reveal the identify thereof, to a DNA identification information manager for the police.
Article 12(Delegation and entrustment of duties) #
(1) In accordance with Article 10 (1) of the Act, the Prosecutor General may delegate the duties specified in the subparagraphs of the same paragraph to the Office of Forensic Science Planning of the Supreme Prosecutors’ Office.
(2) The entrustment of duties by the Commissioner General of the National Police Agency under Article 10 (1) of the Act shall be classified as follows: <Amended on Aug. 13, 2010>
1. The duties specified in the subparagraphs of Article 10 (1) of the Act (excluding subparagraph 2): to be entrusted to the National Forensic Service;
2. The work of identifying DNA samples collected by a senior military judicial police officer under Article 7 of the Act: to be entrusted to the Commanding General of the Criminal Investigation Command of the Ministry of National Defense.
Article 13(DNA identification) #
(1) A DNA identification information manager for the prosecution or a DNA identification information manager for the police (hereinafter referred to as "DNA identification information manager") and a DNA identification institution for the military shall conduct the work of identifying DNA at an institution recognized as an internationally certified testing institution in terms of the facilities and equipment necessary for DNA identification, the use of a highly reliable DNA identification method, etc., and prepare an appraisal report.
(2) With respect to the work of identifying DNA, a DNA identification information manager and a DNA identification institution for the military shall take measures in handling the DNA samples to prevent decomposition or contamination of DNA samples or confusion with other DNA samples.
(3) Where it is difficult to verify DNA identification information for reasons such as a lack of DNA samples, etc., a DNA identification information manager or DNA identification institution for the military may request a prosecutor or senior judicial police officer to collect DNA samples again by presenting the reasons for such request.
Article 14(Database management) #
(1) A DNA identification information manager shall take the measures necessary, including the use of a security system, etc., to prevent the disclosure, unauthorized change, deletion, or loss of data stored in the database.
(2) A DNA identification information manager may authorize a person from among the public servants of an institution where such manager is employed to access the database, in order to enter, change, delete, or search information on the database.
Article 15(Searching for DNA identification information and responding to request) #
(1) The DNA identification information manager to respond to an inquiry for the search results of DNA identification information under Article 11 (1) of the Act shall be as follows:
1. When the DNA identification information acquired through the identification of DNA samples extracted from a person subject to collection of DNA samples under Article 5 or 6 of the Act is searched for on the database where the DNA identification information acquired through the identification of DNA samples collected under Article 7 of the Act is stored for comparison, and when it is found that the two pieces of information mutually agree: a DNA identification information manager who conducts the work of identifying DNA samples extracted from a person subject to collection of DNA samples under Article 5 or 6 of the Act;
2. When the DNA identification information acquired through the identification of DNA samples collected under Article 7 of the Act is searched for on the database where the DNA identification information acquired through the identification of DNA samples extracted from a person subject to collection of DNA samples under Article 5 or 6 of the Act, is stored for comparison, and when it is found that the two pieces of information mutually agree: a DNA identification information manager who conducts the work of identifying DNA samples extracted from a person subject to collection of DNA samples under Article 5 or 6 of the Act;
3. When the DNA identification information acquired through the identification of DNA samples taken under Article 7 of the Act is searched for on the database where the DNA identification information acquired through the identification of DNA samples extracted under Article 7 of the Act is stored for comparison: a DNA identification information manager who manages the relevant database;
4. Other cases: a DNA identification information manager searches for and compares DNA identification information.
(2) The person to receive a response to a request for DNA identification information under Article 11 (1) of the Act shall be as follows:
1. In cases of a response to a request for the search results of DNA identification information pursuant to Article 11 (1) 1 and 4 of the Act: a prosecutor or senior judicial police officer in charge of the relevant case;
2. In cases of a response to a request for the search results of DNA identification information pursuant to Article 11 (1) 2 and 3 of the Act: a prosecutor, senior judicial police officer, or court (including a military court; hereinafter the same shall apply) who has requested the search.
Article 16(Destruction of DNA samples) #
(1) In accordance with Article 12 (1) of the Act, a DNA identification information manager shall destroy DNA samples, DNA extracted from such samples, and by-products generated from the DNA identification process so as to make reanalysis of the relevant DNA samples impossible, through incineration at a designated place, or through chemical treatment, etc.
(2) Where a DNA identification information manager destroys DNA samples, DNA extracted from such samples, and by-products generated from the DNA identification process under paragraph (1), he or she shall retain a document recording the date and time, venue of the destruction, the type of destroyed DNA samples, the method of destruction, etc. In such cases, such document may be kept as an electronic record or in the database.
Article 17(Methods and procedures for deleting DNA identification information) #
(1) Where any ground for the deletion of DNA identification information arises under Article 13 of the Act, a prosecutor, a senior judicial police officer, or the head of a custodial facility shall notify a DNA personal data manager of such fact as follows:
1. Where DNA identification information is to be deleted for reasons falling under Article 13 (1) through (3) of the Act (excluding subparagraph 2): a prosecutor or senior judicial police officer shall notify a DNA personal data manager for the prosecution or a DNA personal data manager for the police of such fact;
2. Where a person in the custody of a custodial facility falls under Article 13 (3) of the Act: the head of such custodial facility shall notify a DNA personal data manager for the prosecution or a DNA personal data manager for the police of such fact.
(2) A DNA personal data manger in receipt of a notification under paragraph (1) may search the personal data management system to verify whether the DNA identification information of a person subject to collection of DNA samples under Article 5 or 6 of the Act should be deleted under Article 13 (1) through (3) of the Act.
(3) Where it is verified that DNA identification information should be deleted as a result of the search conducted under paragraph (2), the DNA personal data manager shall delete the relevant personal information, etc. and identification code from the personal data management system, and notify a DNA identification information manager for the prosecution or a DNA identification information manager for the police of the deleted identification code.
(4) Upon deleting DNA identification information, the DNA identification information manager shall notify such fact pursuant to Article 13 (5) of the Act in writing, by electronic email, text message, or fax. <Amended on Jan. 5, 2021>
Article 18(Matters to be deliberated upon by Managing Committee for DNA Identification Information Database) #
1. Matters related to the search for DNA identification information based on the electronic interlink among the databases under Article 4 (3) of the Act and Article 5 of this Decree;
2. Matters related to the standardization of identification codes;
3. Matters related to the standardization of DNA identification information.
Article 19(Organization and operation of Managing Committee for DNA Identification Information Database) #
(1) The chairperson of the Managing Committee for the DNA Identification Information Database (hereinafter referred to as the "Committee") pursuant to Article 14 of the Act, shall represent the Committee and exercise overall supervision over its affairs.
(2) The chairperson of the Committee shall convene and preside over meetings of the Committee.
(3) Where the chairperson is unable to perform any of his or her duties for unavoidable reasons, a committee member designated by the chairperson in advance shall act on his or her behalf.
(4) A majority of the committee members shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present.
(5) The Committee shall have two secretaries to handle its affairs; the Prosecutor General and the Commissioner General of the National Police Agency shall respectively appoint one secretary from among the public servants working for the Supreme Prosecutors’ Office and the National Police Agency engaged in tasks related to the use and protection of DNA identification information or who have abundant knowledge in the relevant fields.
(6) A Working Committee shall be established within the Committee, to review matters to be deliberated upon by the Committee and to support its operation.
(7) Matters necessary for operating the Committee and the Working Committee other than those prescribed in paragraphs (1) through (6), shall be determined by the chairperson following a resolution by the Committee.
Article 19-2(Dismissal of Committee members) #
The Prime Minister may dismiss a committee member under Article 14 (3) of the Act, if he or she falls under any of the following subparagraphs:
1. Where he or she becomes incapable of performing his or her duties due to a mental disorder;
2. Where he or she divulges confidential information he or she has learned in the course of performing his or her duties or uses such information for research, etc. in a non-permitted way;
3. Where he or she has committed a misconduct regarding his or her duties;
4. Where he or she is deemed unsuitable as a member due to his or her neglect of duties, injury to dignity, or any other reasons;
5. Where he or she expresses his or her difficulty in performing his or her duties.
[This Article Added on May 10, 2016]
Article 20(Submission of opinions by Committee) #
Where the Committee presents its opinions to the Prosecutor General or the Commissioner General of the National Police Agency under Article 14 (6) of the Act, the Prosecutor General or the Commissioner General of the National Police Agency shall notify the Committee of the progress and outcomes of the implementation of its opinions.