부모의 징계권과 아동학대

Abstract

Parental authority is those that cover the care and property of a child. Such parental authority is not the parents's control over the children. But parental authority is recognized as a right (right of obligation) to parents while also imposing a duty on their children to realize their welfare. In addition, parental authority is recognized for the healthy growth of children and the preservation of property, so the persons of parental authority should exercise their parental authority within the scope of such purposes. Article 915 of the Civil Code grants the Parents´s right to take disciplinary action. Article 915 (Right to Take Disciplinary Action) The person of parental authority may, in order to protect or educate his or her child, take necessary disciplinary action against the child, and may entrust such child to a reformatory or correctional institution upon the approval of the court. A fundamental question arises here. To what extent will the disciplinary authority be granted? This paper examines the modern state of child abuse at home. After reviewing the boundaries of child abuse and disciplinary rights, on this basis, in the event of child abuse, the current civil law and associated special laws requiring the separation of children from their parents, such as loss of parental rights, were reviewed. This paper also considered ways to improve children's healthy growth.