친생자관계 존부확정을 위한 수검명령

• 발행기관: 한국민사소송법학회
• 저자명: 권재문
• 간행물 정보: 『민사소송』제11권 제2호, 333~357쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.11.30

영문 초록

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.

목차

Ⅰ. 서언

Ⅱ. 비교법적 고찰

Ⅲ. 현행법상 수검명령을 실현하기 위하여 인정되는 강제방법

Ⅳ. 맺음말

참고문헌

키워드

혈연 친자관계 부성확정 과학적 검사 직접강제 자녀의 복리 genetic relation parentage, patental bond establish-ment of paternity scientific test, DNA test, paternity test confinement for expert examination the Best Interest of a Child