헤이그국제아동탈취협약의 이행에 있어서 친자법적 재고찰

The Hague Convention on the Civil Aspects of International Child Abduction, which was adopted in 1980, has a considerable influence today. Even in our country, the same Convention is taking effect from the year in 2013. The main objective of the same Convention is to quickly return a child, who was wrongfully removed to or retained in any Contracting State, to the child’s habitual residence before the removal or retention. However, with regard to implementing the same Convention, many problems have been indicated that originate from a difference in light of practical affairs among Contracting States. Even as for the insufficiency of the same Convention itself, a criticism was ever added. Especially, the Law of Parent and Children in major Contracting States of the 1970s that had formed the background of significance and characteristic in the same Convention was considerably transformed following it. The creation of a difference in a basic way of thinking led to being urged the reconsideration on an issue relevant to the essence of the same Convention. Because of being not satisfied just by the adjustment among Contracting States in light of the operation depending on an issue, it was ever discussed the arrangement of new international agreement such as a protocol of the same Convention. To examine the influence of the modification in the Law of Parent and Children in primary Contracting States upon the interpretation of the same Convention, this study is comparatively examining the Laws of Parent and Children related to the same Convention, above all, in England, America, Germany, France, and our country. To attempt the re-interpretation based on the Law of Parent and Children pertinent to the objective and operation of the same Convention according to this, it is being addressed focusing on the restraint from abducting children, the security of child benefit, the appropriateness of venue, the illegality of violating custody/access right, and a matter pertinent to domestic violence against a spouse. Furthermore, to predict a discussion and possibility on a protocol of the same Convention, it is being arranged the background & objective of the same Convention protocol, and the attitude & general opinion in each country about this. This research leads to multi-laterally examining problems in light of implementing the Hague Convention on the Civil Aspects of International Child Abduction from the perspective of the Law of Parent and Children and to arranging an opportunity of generally reconsidering supplementation and directionality in light of applying the same Convention henceforth.