헤이그국제부양청구협약에의 가입가능성 모색을 위한 해석론적 접근: 특히 중앙당국의 행정적 협력 및 기능을 중심으로

Owing to the international marriage that gradually grows today in our country, a multi-cultural family is reaching a considerable number and is expected to be likely to rapidly rise further down the road. This is expected to lead to being frequent in the occurrence of diverse and complex international domestic lawsuits like a case on a maintenance claim for child custody and a case on an international recovery of the maintenance that have a foreign element including an international divorce case. In this way, an issue related to a support of having international element is very different in a legislation and a precedent of each country, thereby having been urged the conclusion and the admission to the international convention related to maintenance as a common solution. However, our country is not joining any international treaty relevant to an international maintenance matter. Accordingly, this study is positively pursuing whether or not to have possibility of joining the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance that is emerging most potently these days in order to solve complex problems through the organic and comprehensive cooperation with many existing conventions pertaining to the international child support and maintenance obligations. Furthermore, the above-mentioned convention tends to be quite enormous in its compositions and contents. Hence, this study is particularly developing an analytical theory focusing on the administrative cooperation and function of the central authority that is playing the most essential role in the same convention. First of all, the theoretical foundation is being arranged through background & significance, objective & application scope, and composition & overview of the same convention. Moreover, it is addressing relatively in detail focusing on the necessity of administrative cooperation, designation･general functions･specific functions･requests for specific measures･costs for the central authority in analyzing the administrative cooperation and function of the central authority in light of the identical convention. Also, in discussing the possibility of joining the same convention, it is examining about the analytical theory on the regulations of the maintenance in light of the current private international law and about the considerations for joining and fulfilling the identical convention from various angles. In order for our country to realistically join the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, a more general and organic research needs to be steadily progressed, above all, on the basis of the contents that were addressed in this study. In other words, prior to discussing whether or not to have possibility of belonging to the same convention, there is a need to be expedited a work that analyzes the specific contents of the identical convention more systematically as its previous research. The thoroughly advance preparation will be just the groundwork available for reducing important trial and error even in enforcing the same convention after joining. Accordingly, this study is expected to be an opportunity of newly understanding the possibility and necessity of joining the identical convention. Even the other remaining parts of the same convention, which failed to be addressed yet, are considered to be necessarily attempted a useful analytical approach on and on.