면접교섭권자의 범위확대의 기준과 한계 ―형제자매, 제3자의 면접교섭권을 중심으로 ―

Abstract

The appearance of the family in modern society has changed due to the increase in divorce and remarriage. Accordingly, the parenting patterns of the children who are members of the family have been diversified. In the end, there has been a steady discussion that the subject of visitation rights under article 837-2 of the civil act, which is recognized only by one parent who does not raise the child after divorce, should be expanded. Accordingly, the scope of visitation rights was expanded by partial revision of the Civil Act on December 2, 2016, and according to Article 837-2(2) of the revised Civil Act, the subjects of Visitation Rights under the Civil Act are children, non-custodial parents, a lineal ascendant of non-custodial parents. However, the question of whether siblings, relatives, step parents, a third party who has no kinship but has actually played a role of a parent except parents and grandparents stipulated in civil law should be granted the right to interview with their children. Article 837-2(2) of the current Civil Act limits the scope of a third party who can request interview negotiations to the a lineal ascendant of one parent and in the case of lineal ascendant, the right of interview and negotiation is recognized only when certain requirements are met. However, compared to foreign legislative cases, the attitude of the Korean Civil Law regarding the subject of this visitation right is a relatively passive position. Under the current civil law, siblings cannot be the subject of the right to interview and negotiation. If the relationship between brothers and sisters is cut off, such as when the relationship between parents and children is cut off, legislative consideration is needed for this, and in this respect, siblings need to be expanded to the subject of interview negotiation. In addition, the right of step-parents to negotiate interviews with their step-children is not recognized in the interpretation of the current law (Article 837-2 (1) and (2)). However, if step parents have formed a social- family-relationship based on affection and trust with their stepchildren for a long time, and acknowledging interview negotiations is in line with the welfare of their children, I think it is desirable to admit interview negotiations to step parents. The foster care parent are also not included in the right to interview negotiations, but it is necessary to recognize the right to interview the child’s foster care parent after the family entrustment is terminated.