재산적 효력에 관한 친권 제한 제도에 관한 고찰

Abstract

Restriction of Parental Right System protect the welfare of the child through country’s intervention, if the exercise of improper custody of the parent is violating the fundamental rights for the underage children to be grown in a secure environment. In the current Civil Code, restriction of parental right system refers to the property effects in the cases, such as all loss of the custody, loss of agency and rights for property management in partial loss of the custody, or appointment of an special agent in conflict between parental authority and the child. In partial revision of this Civil Code, which contain the general change of the property effects with the emphasis on the efficacy of children’s status in restriction of parental right system, the introduction various restriction of parental right system enable to cope appropriately with individual issues. In this paper, I contemplate the differences of the restriction of parental right system between the revised Civil Code and the current law, the limitation of the current restriction of parental right system in actual concrete cases through the precedent, and the operation of restriction of parental right system for the property effects in a foreign legal system. Thereby, I am going to propose the direction and needs in restriction of parental right system for the property effects in revised Civil Code.