이혼가정 미성년자녀의 양육적정화를 위한 법정책적 연구

Abstract

As the number of divorced families increased, the problem of welfare of the minors has resurfaced as not merely a parental problem but a social issue. Divorce, in legal terms of marriage contract annulation and parenting of the minors have become an important task of family law. This well reflects the main purpose of revised civil law in 2007, which prioritizes the welfare for the underage when one gets divorced. The social recognition of processing problems of children is growing but the status quo does not even come along with legal recognition. Nurturing the minors means not only guaranteeing their basic rights to live as human-beings, but also caring their education and economic ability as they could become an independent member of a society. Approaching this problem of child upbringing of divorce simply on division of wealth, the nation could be seen as only trying to exempt parental responsibility for a parent, rather than focusing on child’s development to become a rational social member. Therefore, this study suggests a reasonable and efficient solution of parenting policy of divorced family for the purpose of welfare and socialization of the minors. Recently, after the divorce, the issues on child rearing expenses were brought up but supporting only on child rearing expenses inheres inhumane thinking that child upbringing is only up to provide food, clothing and shelter. In many developed countries, divorce means only the end of marital status and parents take corporate responsibility for the upbringing of their children. Because, it is difficult to provide the basics for the children before the necessary financial support, the nation should implement the pre-financial aid policy, and consider to re-collect the payments afterlife. Furthermore, it is essential to verify such expenses to secure their propriety. The improvement for the system to prevent immoral rearer alteration is also needed. The court is nearly impossible to take care of all these duties. Thus, setting up the communal childcare auxiliary agency is definitely necessary.