아동복지법상 아동학대에 관한 법적과제

• 영문명: Legal Issues on Child Abuse in the Child Welfare Act
• 발행기관: 원광대학교 법학연구소
• 저자명: 최영진(Choi Young-Jin)
• 간행물 정보: 『원광법학』제24권 제3호, 305~332쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.09.30

영문 초록

In compliance with the changing of Child Welfare Act of in 2000 year, the legal basis of social intervention about a child abuse was prepared, and, with the continued amendments of the Act, there were many changes to our country child abuse prevention and intervention. But when sees in point of the basic principle on the right and protective of child, the Act role is insufficient in the intervention of prevention and discovery of child and the protective necessity etc. It is follows to propose the desirable legal subject as a matter of child abuse problem. First, it is needed to constitute the child abuse prevention act for clearing & materializing the concept of abuse to judge and report child abuse and disposing a child abuse problem in speciality & systematic. Second, in order to activate the report of child abuse levies a report duty in the report obligator and also the provision on the concrete process which follows hereupon and exemption from responsibility is necessary. Third, in the case which will take a protective custody to the abused child, the legal system must be prepared for the possibility on the pre or anti judicial intervention. And the legal provision which will be able to protect temporarily until taking a protective custody without the will of the cruelty protector must be prepared. Forth, it is needed to amendment the requisition on the adjudication of loss of parental authority, and if the degree where the cruelty act is serious, the design of the system which is able to limit the recovery of lost of parental authority is necessary. In the last, the introduction of the compulsion provision which a cruelty obligatorily participates to a service program to prevent from occurring child abuse is needed.

목차

Ⅰ. 들어가며

Ⅱ. 아동학대의 개념ㆍ유형과 현황

Ⅲ. 아동학대에 관한 법적과제

Ⅳ. 맺음말

참고문헌

Abstract

키워드

아동학대 아동복지 아동학대의 현황 아동권리협약 아동보호 아동권리 child abuse child welfare status of child abuse convention on the rights of the child child protection child right