美國 家庭法院의 現況과 改善 論議

• 영문명: The Current State and the Reform Movement of the American Family Court
• 발행기관: 한국가족법학회
• 저자명: 尹眞秀(Jinsu Yune)
• 간행물 정보: 『가족법연구』家族法硏究 第22卷 3號, 151~204쪽, 전체 54쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.11.30

영문 초록

This paper reviews the current state and the reform movement of the American family court. The family court serves various functions. Traditionally, divorce was the most important matter in the family court. As the no-fault divorce system was adopted in all jurisdictions of America, the focus was shifted from divorce itself to the division of the property, alimony and protecting the best interest of the child. Recently, dealing with the domestic violence and child abuse became other important function of the family courts. Because of the heavy workload, alternative dispute resolution(ADR) such as arbitration and mediation is widely used in the practice of the family courts. But it is pointed out that the mediation process is structurally unfavorable to the weak party. There is some criticism about the present state of the family court. According to it, judges and other personnel of the family court are poorly specialized and the decisions are often tainted by the gender bias and inconsistent. Some argue the specialized divorce court is the answer to the problem, while others assert that unified family court, which has comprehensive jurisdiction over the family law matters with specialized judges and other personnel, is the best solution. The lesson from the above discussion can be summarized as following. Firstly, the American family court has more comprehensive power than the Korean family court. Secondly, the use of ADR in family law matters is much encouraged in Korea. But the problem of ADR is not well recognized. Thirdly, the specialization of the judges and other personnel is the most important factor for the success of the family court.

목차

Ⅰ. 序 論

Ⅱ. 美國 家庭法院의 機能

Ⅲ. 美國 家庭法院에서의 代替的 紛爭解決

Ⅳ. 美國의 家庭法院에 대한 批判과 그 改善 論議

Ⅴ. 美國 家庭法院制度의 韓國의 示唆

Ⅵ. 補論― 오스트레일리아의 家庭法院

키워드

美國 家庭法院 離婚 財産分割 離婚後 扶養 子女 養育 子女의 最善의 利益 대체적 분쟁해결 仲裁 調停 統合家庭法院 治療司法 오스트레일리아 家庭法院 덜 대립당사자적인 재판 American family court divorce division of property on divorce alimony custody of children the best interest of the child alternative dispute resolution arbitration mediation unified family court therapeutic justice family court of Australia LAT