子의 복리와 친권, 子의 권리

Abstract

As human beings, Parent and child is entitled to be guaranteed by the Constitutional Law, Civil law, and so on. Children also require special protection and care. The UN Convention on the Rights of the Child recognized the child's capability of decision making and participation in its own affair in guide and direction of its parent. Child is associated with its parent, and its right's is primarily protected by its parent and secondarily by the Nation and the Society. It is rooted in the belief parent is the best person who can protect its own child, taking account of the affection on the basis of their blood-tie. The welfare of the child must be considered primarily in parent-child relation. Parent-child relation may be based on their blood-tie, but it may not coincide with blood-tie. Parent-child relation may be influenced by the legitimacy of the child's parent marriage, and the development of science accelerates the difficulty in the decision of parent-child relation. So it may be interesting that the welfare of the child may affect the parent-child relation. It may be unnecessary the recognition of the child's right may intrude upon the right of parent's right in the decision-making on the protection and upbringing of its own child and its family stability. Parent's right of protection and upbringing of the child is justified by the welfare of child. Parent’s fiduciary obligations are to guarantee the child’s immediate well-being and to direct and guide the child's future development. Where the right of parent and that of a child are conflicted, the child’s right and interest must prevail, depending on their nature and seriousness. It may override right of the parent, but it is needed to consider the legal right of parent to the upbringing of child can be justified by the welfare of the child, so the overriding indeed is not overriding, conflict is not conflict. Parent right is a dwindling right, the more, the older the child is. The decision-making of parent about the child could be justified by the welfare of the child, and may be restrained by the welfare of the child. The purpose of the restraint is the promoting of the welfare of the child. The welfare of the child is fundamental in parent-child relation.