兒童虐待와 親權喪失制度에 關한 考察 = Child Abuse and Loss of Parental Authority

다국어 초록 (Multilingual Abstract)

The statistics of one year of 2002, made by the Center of Prevention of Child Abuse, showed that there were 2,478 cases of child abuse in Korea. Among them, non-interference is 36.3%, physical abuse 28.4%, emotional abuse 26.3%, desertion 5.8%. And the child abuses were done mostly by their father or mother(around 80%). On a previous day(July 20. 2003), a child, who was taken care of by the committed family, heard that he would be brought to his father, who had abused him seriously, and then fell down from a high apartment due to the great disappointment and fear in Kwang-ju city, the southern part in Korea. Likewise nowadays, the child abuse done by the father or mother is a big problem in Knrea.
Korean government was signed to the UN Convention on the Right of the Child on 25th, September in 1990, and the Convention has been in effect since on 20th, november of the same year. After that, the Welfare Law for Child has been revised several times (recently 2000. 1. 12, full revision), and the Special Law about the Punishment of Domestic Assaults was enacted on 1st, July in 1998(recently 2000. 1. 12, partly revision), and the Special Law about the Prevention of Domestic Assaults and the Protection of the victims was enacted on the same day, on 1st, July in 1998(recently 2001. 1.29, partly revision), and so on. So if parent or relatives of the child or other person abuses the child, he or she will be punished and the child will be protected by the laws.
In Korea, if child abuse is done, what are the legal systems about the child abuse? There are several legal systems, and one of them is Adjudication of Loss of Parental Authority of the Korean Civil Law. The Civil Law has several provisions about the protection of chi1d. The Article 913 (Rights and Duties to Protect and Educate Child) provides "A person who has parental authority shall have rights and duties to protect and educate his or her child. And if parent abuses their child, than they will lose their parental authority according to the regulation of the Article 924(Adjudication of Loss of Parental Authority). The Article 924 says "If a parent abuses parental authority or is guilty of gross misconduct, or there exists any other serious reason for not allowing the parent to exercise parental authority, the court may, upon the application of any of the child's relatives pursuant to the provisions of Article 777 or of a public prosecutor, adjudge the loss of parental authority".
Nowadays, there rise the problems of the child's abuse of the North Korean children who escape from North Korea at the reason of poverty and so on.
Now, we have to give more efforts to solve the problems of the child's abuse according to the Korean Civil Law and the other Laws.

목차 (Table of Contents)

• Ⅰ. 序說
• Ⅱ. 兒童의 權利
• 1. 兒童의 槪念
• 2. 兒童權利協約
• 3. 兒童의 基本權
• (1) 헌법상 아동의 기본권
• (2) 청소년기본법상 기본이념
• (3) 아동복지법상 기본이념
• Ⅲ. 兒童虐待와 親權
• 1. 兒童虐待의 漑念
• 2. 兒童虐待와 親權 및 親權者
• Ⅳ. 兒童虐待와 民法上의 親權喪失宣告制度
• 1. 序
• 2. 親權喪失宣告의 意義
• 3. 親權喪失宣告의 事由
• (1) 親權濫用
• (2) 현저한 非行
• (3) 기타 重大한 事由
• 4. 親權喪失宣告의 請求
• 5. 親權의 一部喪失宣告制度
• (1) 代理權 및 管理權의 喪失
• (2) 代理權과 管理權의 辭退
• 6. 一時的 親權喪失宣告制度의 導入의 必要性
• Ⅴ. 兒童虐待와 特別法上의 親權喪失宣告制度
• 1. 兒童福祉法上의 親權喪失宣告
• 2. 家庭暴力犯罪의處罰等에관한特例法
• 3. 小結
• Ⅵ. 兒童虐待와 親權喪失制度와 관련된 問題
• 1. 養育者와 兒童虐待
• 2. 兒童虐待와 入養制度
• 3. 見童虐待와 錢見制度
• Ⅶ. 結語