자(子)의 권리로서 면접교섭권 (Visitation Right as Children's Right)

서지정보

· 발행기관 : 한국가족법학회
· 수록지 정보 : 가족법연구 / 32권 / 1호 / 149 ~ 182페이지
· 저자명 : 박득배

초록

A person forms life through interaction with others. Among these living relationships, family relations centering on blood relatives have absolute influence. Particularly in the case of minors, children should be protected especially because they have to establish identity and seek spiritual happiness based on emotional stability.
On the other hand, as the social activities of women are diversified today, most of the households are working on double-income, which lowers the fertility rate and it is important to protect and educate the children by the non-parents. On the other hand, if the family is dismantled, or if the couple divorces as a matter of fact, they are separated and their children are raised by one party. In such circumstances, the right of interview negotiation is an opportunity to show the desirable human image of the human relationship to the child of the dismantled family, and it is a means to heal complicated emotional feelings such as loss of confidence or anger due to family dismantling.
And family relationships are also changing according to the times. Based on the family societies centered on blood religion, families are often dismantled due to various reasons such as dual income, divorce, etc., and the child care of the child is not solved within the family scope only. Therefore, it is necessary not to evaluate divorce as an individual, but to interpret the divorce family as a crisis assumption, and to recognize that the voluntary solution can be difficult and lead to social problems.
In this context, this paper examined the concrete contents of child welfare through case precedents on the right of interview negotiation. Through the legislation of Japan, France and the United States, we confirmed that the legal nature of the right of bargaining and the criteria of judgment are the benefit and welfare of the child. And we examined the process of the exercise of the right of interview negotiation from the perspective of the child and confirmed the concept and function of the child as a criterion of interview negotiation. In addition, we examined the measures to secure the implementation of the right to negotiate with the obligation to pay child support.
Currently, the number of interview negotiators is limited to the direct continuity of non-immigrant, non-immigrant, and non-immigrant parents. This restriction is not compatible with the purpose of interview negotiation for pursuing the welfare of the person. However, the permissible requirements should be based on comprehensive consideration of the autonomy of the family, the exercise of parental rights, and the complementary nature of the right of interview and negotiation of non-immigrant parents.

영어초록

A person forms life through interaction with others. Among these living relationships, family relations centering on blood relatives have absolute influence. Particularly in the case of minors, children should be protected especially because they have to establish identity and seek spiritual happiness based on emotional stability.
On the other hand, as the social activities of women are diversified today, most of the households are working on double-income, which lowers the fertility rate and it is important to protect and educate the children by the non-parents. On the other hand, if the family is dismantled, or if the couple divorces as a matter of fact, they are separated and their children are raised by one party. In such circumstances, the right of interview negotiation is an opportunity to show the desirable human image of the human relationship to the child of the dismantled family, and it is a means to heal complicated emotional feelings such as loss of confidence or anger due to family dismantling.
And family relationships are also changing according to the times. Based on the family societies centered on blood religion, families are often dismantled due to various reasons such as dual income, divorce, etc., and the child care of the child is not solved within the family scope only. Therefore, it is necessary not to evaluate divorce as an individual, but to interpret the divorce family as a crisis assumption, and to recognize that the voluntary solution can be difficult and lead to social problems.
In this context, this paper examined the concrete contents of child welfare through case precedents on the right of interview negotiation. Through the legislation of Japan, France and the United States, we confirmed that the legal nature of the right of bargaining and the criteria of judgment are the benefit and welfare of the child. And we examined the process of the exercise of the right of interview negotiation from the perspective of the child and confirmed the concept and function of the child as a criterion of interview negotiation. In addition, we examined the measures to secure the implementation of the right to negotiate with the obligation to pay child support.
Currently, the number of interview negotiators is limited to the direct continuity of non-immigrant, non-immigrant, and non-immigrant parents. This restriction is not compatible with the purpose of interview negotiation for pursuing the welfare of the person. However, the permissible requirements should be based on comprehensive consideration of the autonomy of the family, the exercise of parental rights, and the complementary nature of the right of interview and negotiation of non-immigrant parents.

참고자료

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