법조 제75권 제3호(통권 제777호) 비교법연구 - 410 - ❙Abstract❙ Reform of the Expert Appraisal System under Taiwan’s Code of Criminal Procedure and Its Implications for Korean Medical Appraisal Practice* - Focusing on the Impact of the 2023 Reform on Medical Criminal Cases - 42) 43) AHN JEONGBIN* In December 2023, Taiwan enacted a comprehensive reform of its expert appraisal system under the Code of Criminal Procedure. The amendment, reflecting selected elements of Federal Rule of Evidence (FRE) 702 and the Daubert doctrine—particularly with respect to expert qualifications and methodological reliability—introduced several major changes, including clarification of expert qualifications, procedural participation rights for parties, mandatory court appearance by experts, a real-name disclosure requirement for institutional expert reports, and a new mechanism allowing courts to appoint academic specialists to render legal opinions. However, the reform produced a paradoxical outcome. Following the amendment's implementation, expert participation in medical criminal cases dropped sharply, causing approximately 700 medical criminal cases nationwide to stall. This result demonstrates that even well-designed procedural reforms cannot guarantee practical operation if institutional infrastructure—including expert protection and participation incentives—is absent. This paper analyzes Taiwan's 2023 reform, examines its real-world impact on * This article is a revised and supplemented version based on the author’s explanation of th e Korean medical appraisal system during an online research interview on medical apprais al systems in Korea and Taiwan, conducted on April 18, 2025, with Professor Chang Li-chi ng, Professor Li Rueisiang, and Professor Han Cheng-tao of the Department of Law, Colleg e of Law, Shih Chien University, Taiwan, and Professor Wang Chi-hsuan of the Department of Law, Chinese Culture University, Taiwan, with additional analysis of relevant laws, literat ure, and comparative legal issues. ** Associate Professor, Department Chair of Law, Kyungnam University.
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