면접교섭권자의 범위확대를 위한 해석과 그 한계

• 영문명: Visitation Rights of Grandparent etc. - Centered on comparison with Japanese Civil Law
• 발행기관: 한국가족법학회
• 저자명: 서종희(Seo, Jonghee)
• 간행물 정보: 『가족법연구』家族法硏究 第34卷 2號, 1~46쪽, 전체 46쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2020.07.31

영문 초록

Korean Civil Law does not have any provisions on the visitation right of the person other than parents and grandparent. But, it does not need to be viewed as admitting the visitation right only to parents and grandparents. Right to access and communicate with a member of family is guaranteed by the Constitution. It is the very and urgent time that children need an intimate relationship, so that visitation of grandparents, brothers and sisters and other relatives is useful for the children who are in emotionally vulnerable states due to a loss of parents. Thus, the visitation rights of grandparent etc. can be recognized by the interpretation of the existing provisions. Of course, this interpretation can be criticized for exceeding the limits of interpretation and for infringing parental rights. Nevertheless, given that the right must be recognized for the best interest of the child, it should be recognized by relatives other than the parents and grandparents, if appropriate for the best interest of the child. Ultimately, it is desirable to amend the legislation to allow the visitation rights to a third party. Even in such a case, it should be recognized to the extent that the parental rights of parents are violated to the minimum extent necessary, and above all, the first criterion for acknowledging the rights to third parties should be the welfare of the child.

목차

Ⅰ. 들어가는 말

Ⅱ. 일본민법상 면접교섭(면회교류)권자의 범위

Ⅲ. 우리민법상 면접교섭권자의 범위

Ⅳ. 맺음말

키워드

면접교섭권 자녀의 복리 친권 조부모 관용의 원칙 visitation rights the best interest of the child parental rights grandparents principles on tolerance