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프랑스에서의 아동학대 방지 관련 법제

Legal System Relating to Child Abuse Prevention in France

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초록

This study reviews legal systems for the prevention of child abuse in France which are considered to be one of the most advanced legislations, and compares to review them with Korean laws and regulations. The summary of the French legal system's implications for the operating Korean legal system for child abuse prevention is as follows:First, in order to understand the actual state of child abuse and perform quickly and efficiently any relevant tasks, it is deemed necessary that Korea, like France, be active in the roles of evaluating and guiding the tasks of relevant departments and groups with which a national child protection agency and a regional child protection agency perform the child protection tasks. Second, when a case of child abuse has happened in France, a system in which a court may intervene promptly the case is prepared, and thus it is necessary to refer to this system as well Third, since the French legal system uses more comprehensive terminology by referring to child abuse as "danger" or "jeopardization" rather than the term "child abuse" used in Korea, a revision of legal terminology should be considered in order to protect the child's human rights. Fourth, since the current Korean legal systems related to child abuse are scattered across several laws and regulations, it is deemed necessary to organize the laws and regulations systematically in order to facilitate timely and efficient tasks of child abuse prevention in the future.

Abstract

This study reviews legal systems for the prevention of child abuse in France which are considered to be one of the most advanced legislations, and compares to review them with Korean laws and regulations. The summary of the French legal system's implications for the operating Korean legal system for child abuse prevention is as follows:First, in order to understand the actual state of child abuse and perform quickly and efficiently any relevant tasks, it is deemed necessary that Korea, like France, be active in the roles of evaluating and guiding the tasks of relevant departments and groups with which a national child protection agency and a regional child protection agency perform the child protection tasks. Second, when a case of child abuse has happened in France, a system in which a court may intervene promptly the case is prepared, and thus it is necessary to refer to this system as well Third, since the French legal system uses more comprehensive terminology by referring to child abuse as "danger" or "jeopardization" rather than the term "child abuse" used in Korea, a revision of legal terminology should be considered in order to protect the child's human rights. Fourth, since the current Korean legal systems related to child abuse are scattered across several laws and regulations, it is deemed necessary to organize the laws and regulations systematically in order to facilitate timely and efficient tasks of child abuse prevention in the future.

참고문헌 (8)

  1. Alain Bénabent, "Droit de la famille" (2010), Montchrestien
  2. Brigitte Hess-Fallon, "Droit de la famille, 8e éd" (2011), Sirey
  3. Froinsçois Terré, "La famille, 8e éd.", Dalloz
  4. Nathalie Baillon-Writz, "L’enfant sujet de driots" (2010), Lamy
  5. Philippe Malaurie, "Droit civil - La Famille, 4e éd" (2011), Defrénois
  6. "Code pénal" (2012), Dalloz Sirey
  7. "Code de l’action sociale et des familles, 8e éd" (2012), Dalloz Sirey
  8. 김상용, "아동학대방지 체계의 문제점 - 특히 현장조사에서 발생하는 문제와 그 해결방안의 모색을 중심으로 -", 法學論文集, 36(1), pp.69~93 (2012), 법학연구원[DOI]

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