독일과 프랑스의 친권제한제도에 관한 고찰 － 부모에 의한 아동학대사례를 중심으로 －

Abstract

Our civil law has some limit in protecting abused child since they regulate only the termination of parental right in limiting the right of parents who abused the child. In addition, the current actions for abused child are not enough for protection of parents or children because they are usually taken by only administration without the intervention of family law. Therefore, we might be in the desperate situation to consider the introduction of the limit of parental right. To solve this matter, I'd like to present a couple of effective ways after getting tips from the systems of Germany and France that have strong legal systems regarding the limit of parental right, that is, the cooperative systems and divided roles of court and administration from Germany, and concrete and systematic measures regarding the limit of parental right from France. First, it is recommended that the termination of parental right should be set aside as the last steps by the court considering that the significance of the aftermath. Instead, various steps in limiting parental right which are appropriate for each concrete situation should be taken before the termination of parental right. Therefore, we need to regulate the possibility and variety in limiting parental right to utilize as the previous step in terminating parental right under the civil law. In addition, it is recommended that the protective actions the court needs to take to fight against child abuse and the concrete regulation of judicial judgement should be regulated in Child Welfare Act. Second, in case of limiting the right of the parents who abused the child, family court should take various protective actions considering comprehensive reasons, degree, continuance, repetition of child abuse, abused child's opinion and the possibility of continued danger. Third, the administration that takes protective measures must play an important role in assisting family court through the protection of abused child and the assistance for whole family. And it is significant that proper actions should be taken in the view point of guardianship and welfare. To make these actions more effective, the court should keep strong connections and protective relations with many organizations which are related with child abuse as the agency of guardianship and welfare.