DNA Act, Gipsy Act... Concerns Over Security Vacuum Amid Parliamentary Deadlock

Some Provisions Suspended from This Year
DNA Collection Without Consent Not Allowed Even for Detained Violent Criminals
Parliament and Court Assemblies Also Cannot Be Blocked
Police: "Alternative Legislation Must Be Promptly Enacted"

The serial murder case of Lee Chun-jae, whose truth is being revealed after 33 years. It was possible to identify Lee Chun-jae thanks to the 'DNA Act,' which allows the collection of DNA from inmates and detainees.
[Image source=Yonhap News]

[Asia Economy Reporter Lee Gwan-ju] Due to the ongoing deadlock in the National Assembly since last year, there has been a gap in public security legislation. Some provisions, including the 'DNA Act' which played a decisive role in identifying serial murder suspect Lee Chun-jae, and the 'Assembly and Demonstration Act' (Jipsibeop) which prohibited assemblies near courts, lost their effectiveness starting this year, but no substitute legislation has been enacted.

According to the National Police Agency on the 9th, the effectiveness of the DNA Act (Act on the Use and Protection of DNA Identification Information), which allows the collection of DNA from inmates or detainees, was suspended from the 1st of this month. Since the law was enacted in 2010, approximately 230,000 DNA forensic samples had been collected as of 2018. Based on this vast data, investigative agencies such as the police have solved major cases and past unsolved cases through DNA matching. The police have reopened investigations based on DNA matches in a total of 5,679 cases, including the Hwaseong serial murders involving Lee Chun-jae.

However, in August 2018, the Constitutional Court ruled the DNA Act unconstitutional and declared it incompatible with the Constitution, recognizing its effectiveness only until December 31 of last year. This was because the law did not guarantee the opportunity for the DNA collection subjects to present their opinions. Although an amendment specifying the opportunity for opinion presentation and appeal procedures was proposed to the National Assembly, it has been pending for over a year without passing even the relevant committee, the Legislation and Judiciary Committee, resulting in the expiration of the law's effective period.

As a result, until the amendment is processed, the police can no longer collect DNA from suspects arrested for violent crimes such as murder or robbery without their consent. The National Police Agency recently communicated this to frontline police stations and emphasized compliance with procedures when collecting DNA. A police official explained, "Collection with consent is possible, but if consent is not given, collection by 'warrant' is no longer possible."

Some provisions of Article 11 of the Assembly and Demonstration Act, which prohibited assemblies within 100 meters of the National Assembly, the Prime Minister's official residence, and courts, have also lost their effectiveness. This too was due to the Constitutional Court's 2018 decision of constitutional incompatibility, and the legal effect was lost without legislative revision due to the National Assembly deadlock. This has also raised alarms in facility safety management. In particular, with ongoing political and social issues such as the conservative-progressive conflicts over the prosecution's investigation of former Minister of Justice Cho Kuk and the general election scheduled for April, assemblies around the National Assembly and courts are expected to increase. The police have expressed the view that substitute legislation should be promptly enacted to prevent a security vacuum.

This content was produced with the assistance of AI translation services.