면접교섭권자의 범위확대의 기준과 한계

• 영문명: Criteria and limitation on the expansion of visitation rights: Focus on the visitation rights of sibling and a third party
• 발행기관: 한국가족법학회
• 저자명: 최민수(Choi, Min Su)
• 간행물 정보: 『가족법연구』家族法硏究 第36卷 2號, 295~330쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2022.07.31

영문 초록

The appearance of the family in modern society has changed due to the increase in divorce and remarriage. Accordingly, the parenting patterns of the children who are members of the family have been diversified. In the end, there has been a steady discussion that the subject of visitation rights under article 837-2 of the civil act, which is recognized only by one parent who does not raise the child after divorce, should be expanded. Accordingly, the scope of visitation rights was expanded by partial revision of the Civil Act on December 2, 2016, and according to Article 837-2(2) of the revised Civil Act, the subjects of Visitation Rights under the Civil Act are children, non-custodial parents, a lineal ascendant of non-custodial parents. However, the question of whether siblings, relatives, step parents, a third party who has no kinship but has actually played a role of a parent except parents and grandparents stipulated in civil law should be granted the right to interview with their children. Article 837-2(2) of the current Civil Act limits the scope of a third party who can request interview negotiations to the a lineal ascendant of one parent and in the case of lineal ascendant, the right of interview and negotiation is recognized only when certain requirements are met. However, compared to foreign legislative cases, the attitude of the Korean Civil Law regarding the subject of this visitation right is a relatively passive position. Under the current civil law, siblings cannot be the subject of the right to interview and negotiation. If the relationship between brothers and sisters is cut off, such as when the relationship between parents and children is cut off, legislative consideration is needed for this, and in this respect, siblings need to be expanded to the subject of interview negotiation. In addition, the right of step-parents to negotiate interviews with their step-children is not recognized in the interpretation of the current law (Article 837-2 (1) and (2)). However, if step parents have formed a social- family-relationship based on affection and trust with their stepchildren for a long time, and acknowledging interview negotiations is in line with the welfare of their children, I think it is desirable to admit interview negotiations to step parents. The foster care parent are also not included in the right to interview negotiations, but it is necessary to recognize the right to interview the child’s foster care parent after the family entrustment is terminated.

목차

Ⅰ. 서 론

Ⅱ. 우리 민법상 면접교섭권에 관한 논의

Ⅲ. 면접교섭권자의 범위에 관한 외국의 입법례

Ⅳ. 우리 민법상 면접교섭권자의 범위

Ⅴ. 맺음말

키워드

형제자매의 면접교섭권 계부모의 면접교섭권 제3자의 면접교섭권 면접교섭권의 범위 면접교섭권의 법적 성질 자녀의 복리 visitation rights of sibling visitation rights of the step-parent visitation rights of a third party scope of visitation rights legal nature of visitation rights welfare of children