비친권자의 양육권

Physical custody in Korean Family law

&nbsp;&nbsp;The discussion in this article is about whether it is necessary to approve physical custody to non-parents. There are situations in our society in which children live apart from their parents though the parents have the Parental authority. Parents have the prior responsibility to foster their children, but the state as well as the society should play secondary roles in actual cases where children cannot be brought up by their own parents. Non-parental custodians can be viewed as people who are in charge of this secondary responsibility, and it would be desirable, for the interest of the child, to invest certain authority on them to appropriately restrict and supplement Parental authority.<BR>&nbsp;&nbsp;Even though physical custody is permitted, the scope of it should be flexible enough to be modified according to specific circumstances of the child, and not strictly standardized. It should also be allowed to suitably limit Parental authority. The mediation between the exercise of physical custody and Parental authority would ultimately be up to family court to decide, and due to this point, the role of family court will be reinforced.<BR>&nbsp;&nbsp;The legal system for children would not be improved just by recognizing ‘physical custody,’ but it requires reforms of other systems such as termination of Parental authority, juvenile guardianship and family council. The amendments for the law of Parental authority·juvenile guardianship is anticipated.