이혼에서의 자의 보호

Abstract

The purpose of this article is to analyze the protecting children in divorce. The problem of protecting, bringing up children and their psychological stability must be considered more seriously than that of the contracting parties in divorce. The law require considerations about the problem of protecting children after divorce. It is required to record the person who has the parental right in a legal report of the divorce by the consent in the Family Register Law in 1990. The court can advise the appointment of the person who has the parental right to the contracting parties in divorce by the Law of Legal procedure of Family Affaires. But it is questionable how much it will be effective. The problem of parental right and bringing up after divorce were discussed for welfare of the children. It is the problem that either father or mother must be appointed as the person who has parental right. On decision of the person who has the parental right by the consent or the decision of the Court of Family Affairs, joint parental right could appointed by interpretation of the laws. It is difficult to discuss children's problem between the father and mother, because they hate each other in their divorce situation in Korea. The parents make agreement for themselves through the consultation and support of specialities who have a lot of experiences.