UN 아동권리협약 제3선택의정서상 개인청원제도와 아동의 재판청구권 = The Optional protocol to the CRC on a communications procedure and the children`s rights of access to courts

다국어 초록 (Multilingual Abstract)

Children are the object of protection, care and control by parents and adults. Though the high possibility of invasion of rights, it is not easy to set concrete contents of children’s rights and to get remedies. The CRC in 1989 for treating children the subject of rights and safeguarding the substantive rights of children and two optional protocols in 2000 which protect the children from harmful recruitment and use in armed conflict and sexual exploitation were adopted by UN. However most children don’t know the rights they have and what to do when their rights are violated. Also the limited legal and proceeding status of children and the court system lack of child sensitive make the children difficult to appeal and go to courts for remedies for violation of their rights in most countries. UN provides children with the ability to use remedy procedures at international treaty body if a State does not protect children’s rights properly by adopting Optional Protocol to the CRC on a Communications Procedure. CRC-OP3 recognizing child as independent and self-determined legal person in international law becomes effective following by ten states’ ratification. We have to be prepared for the positive consideration to ratify CRC-OP3. The complaints before the Committee of the Rights of Children are only admissible after the exhaustion of all available domestic legal remedies. This articles discusses the current legal status of minors focusing to the access limitation to the judicial process. In civil procedural laws, only the adults over nineteen-year-olds have a capability of action in leal proceedings and all the minors can bring a case through their representatives. Also the administrative procedural law and constitutional court law follow the general rules about minor’s capability of civil procedural law. Actually, all the legal remedy procedural deny the children the independent capacity of legal proceeding in Korea. It does not seem easy to access the court and bring cases by minors. However, the statutes preventing minors from bringing lawsuits without parental representation have to be reviewed on the view of child best interests and right to access courts. This article argues that the court will be open to whoever claims the remedy for violation of rights, even the minors who have the ability of understanding about legal and personal implications and need for protection of rights of access to courts.