법원의 개입을 통한 강제적 친자분리제도에 관한 고찰 - 일본과 영국을 중심으로

A Study on the Compulsory Parent-Child Separation System by Court ― Focusing on Japanese and United Kingdom’s Situations ―

&nbsp;&nbsp;In child abuse cases, an administrative agency to take actions to protect a child against an abusing parent, a parental consent is necessary. In this respect, if a parent does not consent to it or if a parent asks her or his child to be home at any time after she or he agreed, it is the reality of our protection of abused children that the administrative agency should send the child back to the parent, according to the parental authority’s decision.<BR>&nbsp;&nbsp;In Japan, in a case of hindering a child’s welfare remarkably such as child abuse, taking actions to protect a child (protection measures) may approved by Family Court, according to Article 28 of the Child Welfare Act. In addition, these actions may be done even against a decision of parental authority.<BR>&nbsp;&nbsp;Separation and protection of a child against an abusing parent is proper. In this circumstance, substantial restrictions of the parental rights are possible, as well. However, there are no supplementary measures which are applicable, and support the system for abused children. This problem arises because there have been no definite provisions, concerning requirements of the Approval of Family Court.<BR>&nbsp;&nbsp;According to the United Kingdom’s Children Act, the court is able to make the care order by restricting parental responsibility, although a parent does not consent it. The British court has promoted integrating between parents and children as well as protecting abused children under the supervision of the court. This court’s guidance makes a local authority obliged to submit the care.<BR>&nbsp;&nbsp;In this respect, in order to restrict parental authority to protect an abused child, Korea also needs the regulatory system like Japan and United Kingdom, regardless of parental authority decisions. In addition, under this system, regulating the parental authority may be possible by judicial decisions of Family Court.