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학술논문가족법연구2019.07 발행KCI 피인용 11

피해아동의 분리 보호와 친권의 제한

Restriction on Parental Authority and Separation Protection for an Abused Child

이은정(경북대학교)

33권 2호, 291~324쪽

초록

As complete forfeiture of parental authority ceases a parent-child relationship, restriction on parental authority was established to maintain a parent-child relationship and ensure child’s smooth return to the original family. However, this system is rarely used in practice today. In order to apply this system according to its purpose, claimants should be expanded and the relevant laws and regulations should be revised based on the civil law. As parents cannot fulfill their parental role during separation protection, guardianship should be granted to a person who takes care of the abused child, and such rights should be recorded at the family relations register in order to be validated. Also, the record of restriction on parental authority and the appointment of a guardian should be disclosed only at the specific certificate in order to protect privacy of the abused child.

Abstract

As complete forfeiture of parental authority ceases a parent-child relationship, restriction on parental authority was established to maintain a parent-child relationship and ensure child’s smooth return to the original family. However, this system is rarely used in practice today. In order to apply this system according to its purpose, claimants should be expanded and the relevant laws and regulations should be revised based on the civil law. As parents cannot fulfill their parental role during separation protection, guardianship should be granted to a person who takes care of the abused child, and such rights should be recorded at the family relations register in order to be validated. Also, the record of restriction on parental authority and the appointment of a guardian should be disclosed only at the specific certificate in order to protect privacy of the abused child.

발행기관:
한국가족법학회
DOI:
http://dx.doi.org/10.31998/KSFL.2019.33.2.291
분류:
법학

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피해아동의 분리 보호와 친권의 제한 | 가족법연구 2019 | AskLaw | 애스크로 AI