헤이그협약에 따른 가족합의에 관한실무지침 연구

The protection of the best interest of the child these days became one of the most primary concern in general international cooperation including the Hague Conference on Private International Law. Especially, this study is examining the specific contents focusing on Practical Guide to Family Agreements under the Hague Conventions, which was adopted in 2017. The said Practical Guide to Family Agreements under the Hague Conventions aims to offer the detailed basic information on how the agreement, which was established in the realm of family law including children, can be recognized and enforced in a foreign country. The consideration is being made here centering on three major Hague Conventions pertinent to the Hague Family Agreements, namely, Hague Child Abduction Convention in 1980, Hague Child Protection Convention in 1996, and Hague Child Support Convention in 2007. First of all, this study is comprehensively considering the objective, scope, background and structure of the Practical Guide to Family Agreements under the Hague Conventions, and is making a basic review in accordance with an agreement type. Also, it is inquiring into many topics that are discussed in the international family law agreements, and is specifically addressing the suggestions of being made by three main Hague Conventions. It is sequentially discussing an approach to a situation of family conflict that typically crosses the border, and is finally explaining about recommendations for the checklist and the written agreement in order for the relevant country to give the legal binding force and the possibility of execution to the agreement. Therefore, the aim is to rightly grasp a mutual correlation through a comparative analysis with the Hague Conventions relevant to other International Family Cases while looking into the Hague family agreements focusing on child abduction, child protection and child support. The Practical Guide to Family Agreements under the Hague Conventions is concentrating on a method of preparing the establishment of agreement in an attempt to recommend the amicable solution of a family dispute, which crosses the border. In addition, it is focalizing on a measure for over two countries regarding a dispute to possibly promote an opportunity of consent available for executing with having a legal binding force through the cooperation of the existing global Private International Law systems(Hague Conventions in 1980, in 1996 and in 2007). Through this study, an opportunity is expected to be likely arranged that makes a systematic analysis through comprehensively collecting materials at home and abroad pertinent to Hague Child Conventions. It is desired to be a starting point for practical affairs to newly understand the unified legal binding force, the execution possibility and its necessity concerning family agreement.