아동복지시설 입소과정에서 권리포기각서의 위법성: 경기도의 사례를 중심으로

Abstract

The child shelters in Gyonggido required that any guardian of institutionalized children should submit a memorandum in a form of contract or agreement, and this require had been maintained until 2013. This memorandum contained the renunciation for child care custody, the institution’s immunity of responsibility in case of the institutionalized children’s exposure to disease or even death, and the exemption of nursing fee in case that institutionalized children should be treated from the accidents or diseases in the institution. The require for writing out and notorization of disclaimer, however, is illegal because it infringes the security for family or family life specified in current law such as constitutional law, the child welfare law and the United Nations convention on the rights of the child. It also infringes the children’s own rights that they can achieve healthy and sound development. Although this require is settled out of court between the persons directly involved, it has no legal force because it is against mandatory provision and the social order stated in Civil Code Section 103. In 2013, Gyonggido promised not to allow this kind of problem happen again. However, this problem is not completely solved, given that institutionalized children and their guardian can be restrained from this memorandum until the children turn into 18 because they were put in before 2013. This problems can be possible to happen in most local governments including Gyonggido(only except Seoul) because they have similar operating systems and conditions of children nursing institutions. Gyonggido should take legal procedure for nullity of notarized memorandum and prevent dispute by informing local governments, child shelters and guardians. Furthermore, supervision government like the Ministry of Health and Welfare should expand this guideline to all the other local governments as well as Gyonggido and take actions to prevent this problem from repeating, in making standard guideline for the operating system for children nursing institutions and placing them under systemic supervisions.