아동학대에 대한 친권제한의 실효적 적용에 관한 고찰 - 일본의 아동학대 방지 관련 법제와의 비교를 중심으로 -

Recently, report on domestic child abuse in our society incidents has emerged one after another. Because child abuse by parents has been carried out under the name of “corporal punishment” of children, they tend to take it for granted. It is blamed for the faire and abuse for their own children, in spite of an obligation to protect and nurture their children. Therefore, our country has organized and established the laws and regulations for domestic child abuse and the effective sanction of the custody of parent who abuse the child. This regulations includes Child Welfare Act, Juvenile Protection Act, Act on Special Cases concerning punishment of domestic violence crime, Act on Special Cases concerning punishment of child abuse, and parental authority of the Civil Code. Child abuse in Japan has been recognized as a serious social problem. In Japan, there also are the regulations on parents who abuse the child, such as the Child Welfare Act, the law on prevention of child abuse, and parental authority of the Civil Code. Recently, these regulations and a legal system have been established in Japan as like in our country. In this paper, we consider the legislation of our country and Japan on child abuse by a parent, especially role of restrictions on parental authority of parents who abuse children. Also, there is a need for additional discussions on law system maintenance about the limits and stop of parental authority.