조손간의 면접교섭권

다국어 초록 (Multilingual Abstract)

Co-parenting is the best interest of the child for minors. However, this does not occur frequently in today’s society. Situations related to separation of the parents includes divorce, the most representative case, and others involve invalidity or cancellation of marriage, or children born out of marriage. In such diverse cases where co-parenting is difficult, there is no other choice but for one parent to raise the child. This does not mean that the relationship ceases between the child and either the father or the mother, who is not raising the child. It simply means that parents are unable to raise the child continuously. In addition, it is reasonable for the parent to miss or want to live with the child regardless of whether the father or the mother has the custody of the child or not. Therefore, the law allows the relationship to continue between the child and the father or the mother without custody by adopting visiting right in pursuit of emotional and psychological stability and welfare of both the parents and the child. However, our civil law in the past restricted visiting rights as rights for only the father or the mother. Hence, visiting rights was not given to anyone else other than the parents. As a consequence, the child who is the person directly involved, was unable to exercise visitation rights. This was criticized for not considering the welfare of the child, which is one main objective of visiting rights. During the amendment of the civil law in 2005, the law was eventually revised so that the child can also exercise visiting rights and the child can assert this right in our current law. This seems to closely reflect the recent ideology on family law. Nevertheless, the right lacks to expand the rights to other stakeholders than the father or the mother without the custody of the child, when considering the welfare of the child as the objective. Since the late 1990s, women have been increasingly participating economically and socially. Consequently, child raising is no longer restricted to the mothers, but is expanding to include grandparents as well. Considering this context, grandparents greatly contribute to the health and the development of the child. Therefore, it is necessary to discuss the visiting rights for grandparents for healthy development of the child. Furthermore, considering that American laws are also actively involved in the legal process of this matter, visiting rights for grandparents, which is suitable to our current state, is inevitable.

목차 (Table of Contents)

• Ⅰ. 서
• Ⅱ. 면접교섭권의 의의와 법적 성격
• Ⅲ. 조부모의 면접교섭권의 문제
• Ⅳ. 결론
• 참고문헌
• Abstract

참고문헌 (Reference)

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