KHJ's case - Paternity Test & Choi's Commands

The unreasonable and illogical demands from Choi's side are constant and true to form. We will not wonder anymore about her motives and her legal team's logic....coz they are dancing to the beat of strange and off-beaten drums [possibly money-drums], they choose not to connect with reality, so be it ! I can only hope that in court at the 23rd, the authorities can pound some sense and logic in to them, and drag them back to reality.

What Choi's lawyer said, from :

        "We were told [of Kim Hyun Joong getting a DNA test] and the order to get the DNA test for the child in a one-sided way [1]. We were shocked and asked if we could meet to talk about it, and their side refused it by saying, 'We don't want to meet up at all' [2]. Her psychological and physical pain got deeper from this.

          "We hope he gets checked at a hospital or an organization that both sides can trust. We will go to the judiciary branch to decide who will decide on the child's name, parental rights, custody rights [3], as well as who can love the child more [4]."

 Let's break this down [borrowing the tittle of HJ's song] ...

1. Choi's lawyer said HJ is getting a DNA test for the child in a one-sided way, hmm....Mr Lawyer sir, as a lawyer I think you must be fully aware that there is no way for KHJ to do a paternity test one-sidedly, because they have to get samples not only from KHJ but  also the baby. Right now Choi is denying any access to the baby, so how can KHJ go through with the test ? You  are only incriminating yourself in your statements.

2. In other reports Choi's Lawyers also said that KHJ's side refused to meet up and do/decide about the paternity test ...Choi wants the three of them to do it together. Actually there are 2 factors in this : meet up and do the paternity test. In this statement Choi's side also implied that KHJ doesn't want to do the paternity test. Well...lets break that down again : the truth of the matter is KHJ does not want to meet up, but he is very ready to do the paternity test. It seems Choi is very sure of her position and the support of netizens, so that she thinks she can demand, command and control KHJ through the media to do her bidding,  of course if HJ doesn't comply...she will sue.  I'm just afraid if they meet she will  force him to do something to her advantage or make another deal, with the baby as the bargaining chip  [if you are a reader of my blog, you know I've used this term before]. Not strange if HJ said he can't help thinking she wants more money.

3. What's with : "We will go to the judiciary branch to decide who will decide on the child's name, parental rights, custody rights, as well as who can love the child more" ??!! The child's name, parental rights and custody rights are not relevant to the case right now, they will be relevant after the Paternity test...cos the baby will bear HJ's family name if the result of the test is positive. I can't help wondering and reading between the lines : is this is a  threat ? Like : we will sue and demand money for the child's name....we will sue for the parental rights, and we will surely sue you for the custody rights. Is this a warning to KHJ that this case will be long dragged out, with Choi wringing money out of  KHJ with every "right" ?

4." well as who can love the child more" Oh well....anyone here have a standard measurement to decide who can love the child more ?? By what standards do you determine this factor dear Mr Lawyer ? Right now, after reading articles about HJ's case,  it looks like HJ's side is leading in this, as they are concerned and worried for the child, and asks medias not to publish anything about the baby. Choi on the other hand, keeps the case in the limelight after the baby was born. [If I were the mother, I'd love my baby so much that I'd forgo revenge and popularity. I'd settle this quietly out of the limelight, protect my baby and put my baby's welfare above all other concerns].

Here are some things I read about Paternity tests from wikipedia :

DNA paternity testing : It is the use of  DNA profiling (known as genetic fingerprinting) to determine whether two individuals are biological parent and child. 

A paternity test establishes genetic proof whether a man is the biological father of an individual. 

[the test HJ will do]

A maternity test establishes whether a woman is the biological mother of an individual. 

[hmmm..have some thoughts about this test :(]

Some of us are wondering about the legal side of paternity test in South Korea, as we are in the dark, I read up about it in the net. Here's something I got from Ask Korea Law site :
As in other foreign legal regimes, the birth of a child out of wedlock does not, per-se, create the legal status between the child and a putative father.   In order to legally establish the paternity, there must be 1) an adjudication of paternity by a court; or  2) a formal acknowledgment of paternity by the putative father.  Therefore, if the putative father refuses to voluntarily acknowledge the paternity, the mother or the children has to, and can, seek a paternity action in the Family Court. There is no statute of limitations, so long as the putative father is still alive.

Note : putative means generally considered / reputed to be  / supposed / assumed / presumed / alleged.

If you read KHJ's letter, HJ is adhering to this legal aspect  when he wrote : “The reason I’m insisting on the test is that only once the paternity test has been done can I take legal responsibility for the child in whatever form. I want to raise the child, but I know that things can’t always happen the way you want, and it’s frustrating for me to only be able to say that I’ll carry out my legal duties.”

Yes KHJ, better Paternity Test positive first, then the formal acknowledgment. Take note that HJ has voluntarily agreed to do the paternity test, and if the test is positive, he has from the start [from the time he knew of Choi's pregnancy], stated publicly his readiness to take responsibility, legally acknowledge and support the might wonder why I keep mentioning this, well Choi's side is always twisting and warping it, so....

Was wondering about the procedure of the test...went to Craig Medical and here are the basic steps :
  • Buccal swab/cheek swab [containing buccal saliva samples] are obtained from the child and the alleged father.
  • Complete forms and samples are submitted to the Genetic DNA Testing laboratory of choice.
  • Samples are checked in, identified with tracking numbers and unique test codes and assigned confidential case files.
  • DNA is extracted from the cheek swabs of the child and the alleged father.
  • Comparison DNA profiles are obtained [using technologies of PCR/Polymerase Chain Reaction and RFLP/Restriction Fragment Length Polymorphism].
  • Identification of similar and dissimilar genetic markers.
  • Test Result.

I also read in The Korea Times, that two years ago in S. Korea there were approximately 200 to 300 paternity test requests every month. A Supreme Court report stated that in 2011 nearly 5,000 paternity suits were filed. Korea has seen an increase of paternity suits, from 2,600 in 2002 and 4,300 in 2010. So, we don't have to worry about the quality of the procedure, as they must be very experienced in this and there must be many highly qualified institution carrying out the test. I believe KHJ's side has contacted one of the best place for it, but as usual, Choi's side has twisted everything make it look like a shady place where KHJ can control the result....once again I am saying this: get an impartial third party on board by all means....I'm sure KHJ's side would promptly agree !

Choi's side is making a very big thing out of this....actually, KHJ doesn't even have to be present for the test, a paternity test is possible without a DNA sample from KHJ. Yup. They can get samples from KHJ's hyung, and carry out Reverse Paternity Testing.

Reverse Paternity Testing 
Reverse paternity determination is the ability to establish the biological father when the father of a person is not available. The test uses the STR [Short Tandem Repeats] alleles in mother and her child, other children and brothers of the alleged father, and deduction of genetic constitution of the father by the basis of genetic laws.The advantage of this knowledge is the ability to compare the father's DNA when a direct sample of the father is not available.

These are all from me right now....I am now more knowledgeable.

Wishing Justice for KHJ, also wishing the baby is healthy, safe and loved. KHJ Fighting !

#‎Justice4KHJ‬ ‪#‎Pray4KHJ‬
‪#‎Waiting4KHJ‬ ‪#‎neverleaveKHJ‬



myoce said…
Dearest Donna Dickson....thank you so much for your support dear sis !! Love U.

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