친자관계소송에서의 DNA감정

A Study on DNA Paternity Testing

&nbsp;&nbsp;Owing to today&quot;s development of scientific methods of appraisal, DNA Paternity Testing is being used to be a influential method to verify parentage. It may be said that genetic truthfulness in parentage tends to be strengthened because of the development of scientific appraisal methods. The author in this study identified the problems of parentage and DNA Paternity Testing centered on domestic litigation in the realm of procedural law, in relation to the issues caused from the tendency.<BR>&nbsp;&nbsp;Consideration of comparative law showed that German and Swiss laws are strongly inclined to genetic truthfulness in particular. Various countries have inspection order system on scientific tests including DNA Paternity Testing, but countermeasures of those countries toward test refusal are diversified. Germany serves as an example of legislation in which direct enforcement added to indirect enforcement is introduced. Given that scientific methods such as blood type or gene tests are regarded as the most influential evidence in today&quot;s verification of parentage, it may be most positive that direct enforcement should be also approved when enforcement system is introduced.<BR>&nbsp;&nbsp;However, Paternity Testing by using of genetic phenomena is insufficient to directly verify biological parentage, and it only present stochastic parentage index or a possibility of paternity through calculation of parentage probability. Therefore, it may be problematic attitude giving absolute reliability to and depending only on the results of DNA tests.<BR>&nbsp;&nbsp;Conclusively in paternity suit, it is necessary to judge under the consideration of &quot;welfare of child&quot; or &quot;the best interests of child.&quot;