친권의 제한제도에 관한 일고

If parents are unable to discharge their parental responsibility on account of the mental, physical, or economic problems, the governments or the communities are usually supposed to intervene to make up for the parental rights for the best interest of the children. The only written regulation on the parental rights related to the effects of the position in the Family Law of Korea is the system of termination of the parental rights. However, the current law which includes the sentencing on the termination of them has lots of problems and has not been working properly. Therefore, it has been said that it needs to amend the Law to an extent. It is essential to review the whole system of the termination of parental rights in the Family Law of Korea to improve the present paradigm of sentencing on them to achieve the better welfare of the children. So this paper examines some problems of the Amendments of the Law for the practical use. The Part 2 focuses on the regulation system of the parental rights of the other countries such as Germany, France, and Japan as a whole. The Part 3 discusses about the problems of the current Family Law of Korea related to the termination of parental rights and shows some recommendations on the desirable Amendments including the tentative suspension of parental rights, and the restrictions of them etc.