협의이혼제도 개선안에 대한 소고

• 영문명: The Reform of the Procedure of Consensual Divorce
• 발행기관: 한국가족법학회
• 저자명: 김매경(Kim Mae-kyeong)
• 간행물 정보: 『가족법연구』家族法硏究 第20卷 3號, 1~46쪽, 전체 46쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.11.01

영문 초록

  Most couples who want to get divorced end their marriages through the procedure of consensual divorce. The procedure allows the couples to be divorced easily just by mutual consent, but does not have any systematic devices for the interests of children after their parents" divorce. So, it needs to reform the procedure of consensual divorce for the promotion of the best interests of children.
  There are two legislative bills on the reform of procedure of the divorce. One is suggested by The Ministry of Justice January 2006 and the other, submitted by 37 members of the National Assembly November 16, 2005 based on the draft proposed by the committee of The Family Court of Seoul District, currently pending in the National Assembly. The two bills, in common, suggest the introduction of ① reflection and consideration period, ② counseling or information sessions and ③ requirement of agreements on parenting responsibilities after divorce as the methods that reinforce the requisites of consensual divorce.
  However, the two bills differ in the way of introduction of these methods in the concrete. The bill suggested by The Ministry of Justice puts weight on requirement of agreements on parenting responsibilities after divorce. It also introduces ① reflection and consideration period, ② information sessions, and ③ recommendation of counseling as the devices to assist move parties towards custody agreement. Though, the other bill submitted by 37 members of the National Assembly focus on the introduction and revitalization of counseling, which is the mandatory for divorcing parents. It is to provide mechanisms for early intervention in a troubled marriages and promote continuing contact between parent and work co-operatively.
  The author basically agree on introduction of ① reflection and consideration period, ② mandatory counseling for the parents or mandatory parenting education programmes, and ③ requirement of agreements on parenting responsibilities after divorce. The author also suggest unifying of the procedure of divorce regardless mutual consent and expand the role of The Family Court as one-stop center to promote the welfare of the people who need the services provided by The Family Court.

목차

Ⅰ. 들어가는 말
Ⅱ. 우리나라의 협의이혼제도
Ⅲ. 협의이혼제도 개선에 관한 법률안 검토
Ⅳ. 협의이혼제도 개선안과 관련된 몇 가지 쟁점
Ⅴ. 글을 마치면서
《참고문헌》
〈별지〉
부칙

키워드

협의이혼절차 숙려기간 상담 안내절차 부모교육 양육에 관한 합의 이혼 절차의 일원화 procedure of consensual divorce reflection and consideration period counseling parenting education programmes information sessions agreements on parenting responsibilities after divorce unification of the procedure of divorce