프랑스민법상 부모의 폭력 금지에 관한 연구 -우리 민법 제915조의 징계권 삭제와 관련하여-

Through the revision on January 26, 2021, the disciplinary rights provisions of Article 915 of the Civil Code were deleted from our Civil Code. The reason for the revision was that disciplinary rights regulations could be abused to justify child abuse, so the disciplinary rights regulations were deleted to prevent them and protect children's rights. There was also an announcement that Korea became the 62nd country prohibited from corporal punishment due to the deletion of the disciplinary rights provisions Article 915 of the Civil Act. However, it is questionable whether the deletion of the disciplinary rights regulations corresponds to the establishment of an explicit and effective domestic regulation prohibiting corporal punishment of children, as recommended by the UN's Committee on the Rights of the Child. Moreover, according to a survey conducted two and a half years after the abolition of the disciplinary rights rule, 7 out of 10 adults still do not know that the disciplinary rights rule of the civil law has been abolished, and 6 out of 10 say corporal punishment is possible to discipline their children. Similar to the Korean Civil law's provision of disciplinary rights through Article 915, customary disciplinary rights have existed in France since the 19th century, and customary disciplinary rights have been used as a basis for parents to justify corporal punishment for educational purposes for their children. Even if parents punish their children corporally, if the punishment is for educational purposes, French courts have excluded the application of Article 222-13 of the French Criminal Code, which punishes violence against children under the age of 15, through customary disciplinary powers. However, due to changes in the court's interpretation of disciplinary rights within France, as well as the influence of the United Nations, the Council of Europe, and the European Court of Human Rights abroad, on July 10, 2019, a new law established the prohibition of physical or mental violence in the exercise of parental authority under Article 371-1, Paragraph 3 of the French Civil law. Physical or mental violence refers to general educational violence (VEO). And it is understood as a concept that includes verbal violence such as ridicule and insulting remarks against children, mental violence such as intimidation and guilt, and physical violence such as slap and pinching. However, apart from France becoming the 56th country to ban corporal punishment through the establishment of a new ban on physical or mental violence, the survey does not show a decrease in the perception of corporal punishment and the rate of corporal punishment. In the end, changes to ban corporal punishment cannot be expected just by introducing the corporal punishment ban. In order to change the social perception of corporal punishment, In order to change social awareness of corporal punishment, a law prohibiting corporal punishment must be introduced as well as active publicity and campaigns for this purpose.