親養子制度에 관한 批判的 考察 (A critical investigation of Full adoption system)

서지정보

· 발행기관 : 한양법학회
· 수록지 정보 : 한양법학 / 26권 / 1호 / 223 ~ 242페이지
· 저자명 : 남윤봉

초록

In Korea, there are 2 sorts of legal adoption system, general adoption and full adoption, in the civil law.
To be adoptive parents, it is essential that people have been living together as a married couple for more than 3 years or a remarried couple for more than 1 year. However, every minor could be an adoptee as long as they have been decided by judges in family court.
The main concern to become adoptive family approved by family court is that adopted kids would be lost the relationship with their biological parents and also possibly given up adoption by their adoptive parents.
That is contrary to the decision from judges in the family court and parent child relationship is not the legal issue but the filial piety. If the dissolution of adoptive relationship can be admitted, that is to display complete inconsistency with judgement of parent-child relationship in the family court.
The solution to work adoption system more effectively in Korea is not to make a break with the relationship of biological parent-child but to do away with their rights and obligations. The most important thing is to abolish dissolution of adoptive relationship for security of adoption and the great principle of humanity as well.
With that, we can clearly see the difference between general adoption and full adoption and be aware of the advantage of full adoption.

영어초록

In Korea, there are 2 sorts of legal adoption system, general adoption and full adoption, in the civil law.
To be adoptive parents, it is essential that people have been living together as a married couple for more than 3 years or a remarried couple for more than 1 year. However, every minor could be an adoptee as long as they have been decided by judges in family court.
The main concern to become adoptive family approved by family court is that adopted kids would be lost the relationship with their biological parents and also possibly given up adoption by their adoptive parents.
That is contrary to the decision from judges in the family court and parent child relationship is not the legal issue but the filial piety. If the dissolution of adoptive relationship can be admitted, that is to display complete inconsistency with judgement of parent-child relationship in the family court.
The solution to work adoption system more effectively in Korea is not to make a break with the relationship of biological parent-child but to do away with their rights and obligations. The most important thing is to abolish dissolution of adoptive relationship for security of adoption and the great principle of humanity as well.
With that, we can clearly see the difference between general adoption and full adoption and be aware of the advantage of full adoption.

참고자료

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