아동학대(兒童虐待)와 친권상실제도(親權喪失制度)에 관(關)한 고찰(考察)
분야
사회과학 > 법학
저자
최금숙 ( Keum Sook Choe )
발행기관
이화여자대학교 법학연구소
간행물정보
법학논집 2003년, 제8권 제1호, 83~107페이지(총25페이지)
파일형식
2b600366.pdf [무료 PDF 뷰어 다운로드]
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    영문초록
    The statistics of one year of 2002, made by the Center of Prevention of Child Abuse, showed that there were 2,478 cases of child abuse in Korea. Among them, non-interference is 36.3%, physical abuse 28.4%, emotional abuse26.3%, desertion5.8%. And the child abuses were done mostly by their father or mother(around 80%). On a previous day(july 20. 2003), a child, who was taken care of by the committed family, heard that he would be brought to his father, who had abused him seriously, and fear in Kwang-ju city, the southem part in korea. Likewise nowadays, the child abuse done by the father or mather is a big problem in Korea. child on 25th, September in 1990, and the Convention has been in effect since on 20th, November of the same year. After that, the Welfare Law for Child has been revised several times (recently 2000. 1, 12, full revision), and the Special law about the punishment of Domestic Assaults was enacted on 1st, July in 1998(recently 2000.1. 12. partly revision), and the Special Law about the Prevention of Domestic Assaults and the protection of the victims was enacted on the same day, on 1st, July in 1998(recently 2001. 1. 29, partly revision),and so on. So if parent or relatives of the child or other person abuses the child, he or she will be punished and the child will be protected by the laws. In Korea, if child abuse is done, what are the legal systems about the child abuse? There are several legal systems, and one of them is Adjudication of Loss of parental Authority of the Korean Civil Law. The civil Law has several provisions about the protection of child. The Article 931 (Rights and Duties to Protect and Educate Child) provides "A person who has parental authority shall have rights and duties to protect and educate his or her child. And if parent abuses their child, than they will lose their parental authority according to the regulation of the Article 924(Adjudication of Loss of Parental Authority). The Article 924 says "If a parent abuses parental authority or is guilty of gross misconduct, or there exists any other serious reason for not allowing the parent to exercise parental authority, the court may, upon the application of any of the child`s relatives pursuant to the provisions of Article 777 or of a public prosecutor, adjudge the loss of parental authority". Nowadays, there rise the problems of the child`s abuse of the North Korean children who escape from North Korea at the reason of poverty of the child`s abuse according to the Korean Civil Law and the other Laws.
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