비친권자의 양육권

• 영문명: Physical custody in Korean Family law
• 발행기관: 한국가족법학회
• 저자명: 이은정(Eun-Jung Lee)
• 간행물 정보: 『가족법연구』家族法硏究 第21卷 1號, 165~186쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.03.30

영문 초록

  The discussion in this article is about whether it is necessary to approve physical custody to non-parents. There are situations in our society in which children live apart from their parents though the parents have the Parental authority. Parents have the prior responsibility to foster their children, but the state as well as the society should play secondary roles in actual cases where children cannot be brought up by their own parents. Non-parental custodians can be viewed as people who are in charge of this secondary responsibility, and it would be desirable, for the interest of the child, to invest certain authority on them to appropriately restrict and supplement Parental authority.
  Even though physical custody is permitted, the scope of it should be flexible enough to be modified according to specific circumstances of the child, and not strictly standardized. It should also be allowed to suitably limit Parental authority. The mediation between the exercise of physical custody and Parental authority would ultimately be up to family court to decide, and due to this point, the role of family court will be reinforced.
  The legal system for children would not be improved just by recognizing ‘physical custody,’ but it requires reforms of other systems such as termination of Parental authority, juvenile guardianship and family council. The amendments for the law of Parental authority·juvenile guardianship is anticipated.

목차

Ⅰ. 머리말
Ⅱ. 양육권 규정의 필요성
Ⅲ. 양육권의 입법형태
Ⅳ. 양육권의 행사
Ⅴ. 맺음말
《참고문헌》

키워드

아동 양육권 양육자 친권 친권의 제한 자의 복리 가정법원 child custody physical custody Parental responsibility the best interests of the child family court