Striking Workers File Constitutional Appeal Claiming Current Law on Permanent DNA Storage Violates Human Rights

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[Asia Economy Reporter Seongpil Cho] A striking worker from whom the prosecution collected genetic information (DNA) has filed a constitutional complaint, arguing that the current law, which allows permanent storage of DNA without considering the risk of recidivism, poses a human rights violation.

The Lawyers for a Democratic Society (Minbyun) announced on the 29th that Mr. H, a former worker at semiconductor parts company KEC, filed a constitutional complaint with the Constitutional Court against Article 13 of the "Act on the Use and Protection of DNA Identification Information (DNA Act)."

Article 13 of the DNA Act stipulates that DNA information must be deleted only when a detained suspect is cleared by the prosecutor or when a court's verdict of not guilty, exemption, or dismissal of prosecution is finalized.

Minbyun argued, "Regardless of the possibility of recidivism, once DNA information is collected, it is permanently stored until the subject's death. This violates the principle of minimal infringement, as there are means to subdivide the management period based on the severity of the crime or the risk of recidivism."

Furthermore, they criticized, "Storing the DNA information of workers and activists who fought for their right to life and labor until their death presumes that the risk of recidivism continues while they are alive."

Previously, Mr. H participated in the 2010 KEC labor dispute and was sentenced to 1 year and 6 months in prison with a 2-year probation.

Subsequently, the Daegu District Prosecutors' Office Kimcheon Branch requested DNA sample collection. When he refused, the prosecution executed a warrant to collect the DNA sample.

Mr. H obtained a constitutional court ruling declaring the DNA Act provision unconstitutional for failing to guarantee procedural rights during the warrant issuance process and lacking an appeal procedure through his constitutional complaint.

After the Constitutional Court's decision, Mr. H requested the Supreme Prosecutors' Office to delete his DNA information, but upon refusal, he filed an administrative lawsuit and also requested a constitutional review during the litigation process.

However, the Seoul Administrative Court recently dismissed the lawsuit, stating that Mr. H had no right to request deletion, and rejected the constitutional review request. In response, Mr. H appealed the first-instance ruling and directly filed a constitutional complaint with the Constitutional Court.

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