아동의 의견표명권에 관한 검토

• 영문명: A review on the right to express a child's opinion:Focused on the family trial procedure
• 발행기관: 한국가족법학회
• 저자명: 박주영(Park, Ju Young)
• 간행물 정보: 『가족법연구』家族法硏究 第23卷 2號, 157~192쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.07.30

영문 초록

Listening to a child’s opinion in family trial procedure is meaningful not only in the viewpoint that it is The best interest of a child but also it is the procedural justice. Article 12 of the Convention on the Rights of the Child which stipulates the right to express his or her opinions becomes the guideline of interpretation and application of domestic law. Article 100 of Rules of Family Suit which is the only regulation regarding this under current law simply regulates that the family court should listen to a child’s opinion prior to judgement if the child is over 15. Therefore, in this thesis, I’d like to present following improvements regarding our law and system through the interpretation of Article 12 in the Convention on the Rights of the Child. First, eliminate the age limit which was set in the Article 100 of Family Law Suit Procedure so that child can express opinions regardless of age in the case of important matters which can have an influence on child’s welfare. Second, consider child’s opinion not the means of judging his or her welfare but the absolute standard for judgement. Third, flexible and various guidelines which are appropriate for both child’s developmental step and his or her welfare should be set up to enforce listening to child’s opinion. Fourth, family court should build up professionalism in the supportive place for child and show respect and consideration for the child’s right of self-determination in resolving family law cases.

목차

Ⅰ. 머리말

Ⅱ. 아동권리협약 제12조의 의의와 해석

Ⅲ. 가사사건절차상 아동의 의견청취와 자녀의 복리

Ⅳ. 아동의 의견청취의 구체적 실현방안

Ⅴ. 맺음말 ―요약 및 앞으로의 과제

참고문헌

영문초록

키워드

아동권리협약 아동의 의견표명권 의견청취 가정법원 가사사건절차 자녀의 최선의 이익 자녀의 복리 가사소송규칙 가사조사관 Convention on the Rights of the Child the right to express their opinions listen to a child’s opinion family court family trial procedure The best interest of the child child welfare Rules of Family Suit child welfare family investigater