친생자관계 존부확정을 위한 수검명령

직접강제의 도입 가능성을 중심으로

It is one of important legal principles that legal parentage should be determined according to genetic relation, so it is necessary to any civil procedure for resolving the existence of parental bond between parties that a scientific test to discern genetic relation be accomplished. However anyone who is subject to this test has a right to privacy and to be free from unreasonable searches and seizures, so it goes without saying that all scientific tests must meet substantive and procedural due process standards. But if the test is considered a search and seizure, those rights are not absolute and may be reasonably regulated when the state has a sufficiently weighty interest. I think such intrusion can be justified considering the significant interest in the welfare of children. First of all, to know the identity of parents is in itself an important matter to them. Secondly, owing to recent progess in medical technology, the testee may suffer trifling harm to his intersts including privacy and liberty through scientific test to discern genetic relation between patents and children.