미성년 미혼모와 그 자에 대한 권리보호 - 미성년 미혼모의 성년의제와 그 자에 대한 친권대행 문제를 중심으로 -

Abstract

It is self-evident that if a minor gives birth to a child and cares for his or her children, they will face many difficult situations. In this respect, social and legal institutional support for minors is essential. In this paper, I examined the institutional improvement in the civil law for minor child mothers. First of all, if you are married to a minor, you are aged. In the case of unmarried mothers of minor age, it is argued that it is necessary to refer to the mature age so that children can be allowed to perform their own legal acts. However, as we have seen in the text, the grounds for accepting the legal act unconditionally are insignificant because the minors are gathered. In addition, I can not necessarily protect minors from the fact that I am able to harm the safety of transactions due to the age limit, and most importantly, the responsibility is added to the minor. In addition, the age of marriage and marriage age are becoming the same today, and the present age of marriage (age 19 years) and marriage age (18 years old) is only one year in our country. I do not think the meaning is too big. On the other hand, we examined foreign legislative cases and the system of “release from custody” in the French Civil Act is a system that allows minors to be released from their parental rights in accordance with the judgment of the family court if the minor and the parent agree. This is not only emphasized on 'marriage' but also on the fact that when a certain age is reached, minors can be freed from their parental rights, so that they can be freed from their parental rights even in the case of non - marriages. However, it is not realistic for us to introduce the “custody system” of France. In addition, I examined the current problems of the current Civil Code and how to improve them on how to protect the rights of underprivileged mothers / minors and their children. First of all, the regulation to allow minors’ parental rights to minors to be exercised (Article 910 of the Civil Act) needs to be improved. Considering that the birth of minors is not common, minors should be more actively involved in bringing up unmarried mothers / minors of minor children rather than having them bear all the burden. Therefore, a grandparent may act as a parental guardian if an underage unmarried mother agrees that an underage unmarried mother and her parents will act in custody of the child, but if not, the court must appoint a guardian. It takes into account the reality of the care of underage unwed mothers / minors and the care of underage unwed mothers. It is an urgent matter to help those who can actually help them. In this extraordinary situation of the birth of underage unwed mothers, the state is more responsible for providing economic, social and legal support for child rearing.