친권정지‧제한제도에 관한 민법일부개정안의 소개 및 검토

Child's welfare today is the paramount consideration in Civil Law, so it is regulated as priority to consider when deciding matters related to the child and the parental right. On the other hand, parental right today is known to composite of parental right and parental duty simultaneously and it is vested in parents for the purpose of promoting the welfare of the child. In this respect, if the physical, mental, spiritual welfare or the property interests of a child is in danger, it is needless to say that the necessary protective steps must be taken to protect the child by the government. However, the termination of parental rights under the Civil Law is the only clause to protect child; moreover, it actually doesn’t play an effective role in resolving such cases like mistreatment due to the limitation itself. So, it is necessary to make some regulations to limit parental rights, if the case is related to child safety such as medical neglect for a certain period of time. Therefore, since 2013, the government has profoundly reviewed and discussed parental rights including the partial restriction of the parental right and temporary suspension of the parental right to confront various cases effectively in the viewpoint of child’s welfare. As a result of those efforts, the Civil Act Revision Bill will be submitted to the National Assembly in 2014. The bill should lead to solving of various cases like child abuse by providing proper actions.