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(영문) 부산가정법원 2018.10.12.선고 2016드단15422 판결
인지
Cases

2016dwards 15422 Affiliation

Plaintiff

A person shall be appointed.

Defendant

Prosecutor of Busan District Prosecutor

Intervenor joining the Defendant

Section B.

Conclusion of Pleadings

September 7, 2018

Imposition of Judgment

October 12, 2018

Text

1. The plaintiff is recognized as the natural father of the deceased.

2. Costs of litigation, including parts arising from participation, shall be borne by each person.

Purport of claim

Paragraph 1 of this Article shall also apply.

Reasons

1. Facts of recognition

A. He produced the Plaintiff around October 22, 1978, and on June 27, 1981, he reported the birth of the Plaintiff without specifying his father.

B. Since the Seoul National University law school room did not have a baby who is alive for the deceased, the Plaintiff collected samples of 00, 00, 00, 00, 00, 00, 00, 00, 00, 00, 00, 00, 00, 00, 00, the mother of the deceased and her mother, her mother, her mother, and her mother.

C. After the examination as above, the school room of the Seoul National University Act submitted an appraisal that the Plaintiff is in a pro-child relationship with the deceased by taking account of the following: (a) the Plaintiff, the deceased, and both parties were reasonable results in determining the gene type of the deceased; and (b) the opinion that is contrary to the parent-child relationship was not confirmed in a gene that is difficult to specifically specify the deceased’s gene type; and (c) the father’s degree of efficacy was measured only for the genes that could have been specified in the deceased’s gene type, and (d) the Plaintiff submitted an appraisal that the father was in a pro-child relationship with the deceased.

[Grounds for Recognition] The Evidence A Nos. 1 through 4, as to the legal school room of the Seoul National University Act of this Court

Results of a request for appraisal and a request for supplementation of appraisal, the purport of the whole pleadings

2. Determination

According to the above facts, it is reasonable to view the deceased as his father.

As to this, the Defendant’s assistant intervenor argued to the effect that the genetic test on the upper chrone is not accurate and that the blood relationship by the same side was not established in the sexual chrone genetic test conducted between the deceased and the Plaintiff on the basis of the descriptions and images of the evidence Nos. 1 through 6 of the Seoul National University’s law, and that the results of the appraisal by the school room of Seoul National University are unreasonable.

According to Gap evidence Nos. 6 and 7, as a result of genetic testing conducted between the deceased's 00, 00 and the plaintiff's chronological properties, three genetic parts among the 16 genetic components may be found to be inconsistent. However, in the above result, the difference between the 13 genetic parts has reached the same result, and the 3 genetic parts cannot be ruled out to be inconsistent.

Although it is impossible to derive a conclusive result of the genetic testing for the upper chrone, it is a method to determine the probability of the parent-child relationship at a positive rate, and it seems that the plaintiff is not the son of the deceased and that the result of the genetic testing for the upper chrone under the law of the Seoul metropolitan school is extremely low.

Therefore, as a whole, it is insufficient to reverse the results of the appraisal by the school room of the law of Seoul National University only with the descriptions and images of Gap evidence 6, 7, and Eul evidence 1 through 6. Thus, the above assertion by the defendant supplementary intervenor cannot be accepted.

3. Conclusion

Therefore, the plaintiff's claim for affiliation is accepted on the ground of the reasons.

Judges

Judges Kim Jong-ok

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