아동 최선의 이익 판단의 구체적 기준에 대한 연구: 양육자 지정 대법원 판례를 중심으로

The best interests of the child means that in deciding all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, it shall be a primary consideration to protect the rights and promote the welfare of the child. Though this serves as the core functioning of the Convention on the Rights of the Child, it is very subjective and indeterminate notion. This paper has examined what should be the concrete standard in determining the best interests of child in the fostering cases. Supreme Court took consideration of children's intention and age, each parent's financial status and other circumstances in deciding the party who has to take care of the child. But there are no definite rules about how to apply them. So, there is a possibility that what is children's welfare can be decided by the judge's value system. As a result of these examinations, I suggested the most important factor to be considered in making a decision to fostering children should be children's intention.