헤이그국제아동입양협약의 적용 범위를 결정하는 일상거소에 관한 연구

Abstract

Korea has continuously reorganized its adoption-related laws, and most recently, domestic adoption was regulated in the 「Special Act on Domestic Adoption」 and international adoption was regulated in the 「Act on International Adoption」, which came into effect on July 19, 2025. 「the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption(hereinafter referred to as ‘the Hague Convention’)」 establishes that ‘habitual residence’ is the only connecting factor in determining scope of the Hague Convention. Therefore, in order to determine the scope of application of the Hague Convention, a discussion on ‘habitual residence’ must be preceded. Like the Hague Convention, the 「Act on International Adoption」 also defines international adoption based on habitual residence. Therefore, in order to prevent confusion in adoption practice related to the scope of application of the Hague Convention in the future, research should be conducted on habitual residence in the Hague Convention. To this end, this article will examine the the concept and judgment standards of habitual residence in the Hague Convention, and then takes a closer look at the cases related to habitual residence experienced by other contracting countries. Based on this, this paper reviews what issues were raised in each case and discuss the legal system that our country should have in the future.