가정위탁에서 후견제도 활용의 한계

Abstract

This study reviewed limitations of minor guardianship for forster care system. Under the current system, when a child is placed in a foster home, Foster parents don’t have any power and authority like parental rights and birth parents' strong parental rights create challenges for foster families, preventing foster parents from making decisions on important issues such as medical treatment for the child. Obtaining a passport and establishing a bank account for the child are the common challenges for foster parents who lack rights to do so for the children. The main reason that foster parents was willing to become minor guardians was to overcome legal problems. However it is not easy for them to become a minor guardians in terms of judicial procedure. Burden related to legal responsibility for children is heavy compared with permissions required for forster care. In this regard, this study suggests that the right of legal representation for fostering shall be conferred on forster parents to the extent needed for forster care. The government and child welfare experts accepted the idea that foster care can help support reunification of the family and that preference should be given to foster care over institutional care. Improving the foster care system will require legislation for supportive infrastructure that addresses the right of legal representation for fostering, taking into account Korea's cultural and social uniqueness.