헤이그아동탈취협약의 국내이행입법에 관한 검토 ― 일본의 헤이그아동탈취협약 실시법으로부터의 시사 ―

Abstract

International parental Child Abduction is a prevalent phenomenon that has aroused the anxious interest of most national governments. It usually arises out of a complex and extreme breakdown in the relationship between parents. It frequently causes acute emotional distress to both parent involved and, most importantly, to the abducted children. Governments from many nations have been co-operating to seek a consistent approach to discourge, and as far as possible, undo the effect of, international parental abductions. Most such abduction cases coming before the courts of European Court of Human Rights and many of other countries' Court. Futhermore, in this cases a speedy return will also be the inevitable and right answer but there are other issues that have to be considered. As the Hague Convention dose not distingushin between parents who are primary carers and those who are not, whatever the outcome of the application there will be a futher hearing on the merits of the cases. But, the situation is changed after the concretion of this Convention in 1980. Recently, it is estimated that 60-70% of Hague Convention applications involve children removed, of retained, by the primary carers, usually their mothers, but without the permission of, and in breach of the legal rights of, the other parent. So, recent legislations of many of contracting countries are made up by taking into account this situation. In Asia, Korea and Japan made the enforcement law of Convention on the Civil Aspects of International Child Abduction. The subjet fo this Article is to make a comparison between Korean enforement law and Japan's by taking into account the purpose of Convention and the situation be changed.