이혼 후 공동양육제도에 관한 연구

In the event where a couple gets a divorce, the problem of just whether a single parent gets full custody or both parents get custody comes into question. The former is called sole custody while the latter is called joint custody. In other words, sole custody refers to a situation where a single parent gets full legal custody of raising and deciding upon the future of the child while joint custody refers to a case where both parents get equal legal rights to the raising of the child. In the case of joint custody, however, it doesn’t mean that the child must spend an equal amount of time with both parents. There is more significance in that both parents can participate in the practical and functional raising of the child and that is regarded as a better method than sole custody. Specifically, in the case where there is sole custody, the parent who holds that custody might be liable to pour the blame and criticism towards the other parent on the child instead. As a result, the child is likely to have a distortion of their perception as well as their emotions on the absent parent irregardless of what is really the truth. This is ultimately likely to lead to the children themselves refusing to even meet the absent parent. If this happens, the absent parent’s right which by rights should be enjoyed and protected might be taken away. This kind of situation must not be allowed nor permitted to happen as it doesn't conform at all to the best interests of the child nor the divorced couple themselves. In addition, in light of the global trend which puts the welfare of the child as the first priority, it is the opinion of this researcher to consider the joint custody system which puts the welfare of the child as a priority compared to any other. Therefore, this paper looks into the conditions of whether the joint custody system can be acknowledged within our civil law through the legislation examples as well as the pros and cons of the joint custody system. The current civil law regulations does not deny the joint custody per say in terms of interpretation. However, the regulations are unclear in itself to resolve the issue through interpretive analysis and may result in a disadvantageous situation for the child. Therefore, the regulations regarding joint custody should be made specific and stipulated clearly.