친권의 본질과 행사상의 문제

Abstract

Immature Children require special protection and care because they are not mature to mentality and body. So Children is associated with its parent and its right is primarily protected by its parent. Therefore almost Nations adopted the system of Parental Right. Our Civil Law also adopted to the system of Parental Right. It is prescribe to article 909-927 in Civil code. It is prescribe in Law and its implementing ordinances on Family registration. Also It is prescribe in Law on family affairs litigation. From 1958 to 2007, the System of Parental Right in Civil code was reformed. In 1990, Family Law reformed with an ideal of equality between husband and wife. As a result, the interests of children could be protected in parental authority. And Parental Right is determined as the same way of fostering care, agreement first, and when they cannot agree, the Family Court decides it for them. Accordingly It is established the system for Welfare of Children and a principle of joint Parental Right. But It is still far from perfect. In particular, Appointment of Parentage and Parental Right to children after the parents’ Divorce is require to revision.