家庭暴力과 離婚後 子女養育에 관한 一考

A Study on Domestic Violence and Child Rearing after Divorce

&nbsp;&nbsp;This article examines problems relating with divorce, parental rights, and the rearing of children caused by domestic violence(hereafter DV) as a domestic case. Namely, the article investigates how DV is related with the rearing of children after divorce and what interpretation our family law has adopted until now. Also, the article obtains hints referring to while the law of international human rights has played a leading role mainly by UN the American law has introduced problems with DV into its family law in regard with the parental responsibility law from 1970.<BR>&nbsp;&nbsp;The second chapter following the introduction of the first chapter looks at the reality of DV in our nation and the status of DV in divorce. As the third chapter describe the contents about the law of rearing child and DV of America, it investigates laws related with DV, parental responsibility law, DV in America.<BR>&nbsp;&nbsp;The fourth chapter examines effects of DV to children, standards in the determination of a person in parental authority and DV, and standards in the determination of visitation rights and DV.<BR>&nbsp;&nbsp;Since our nation does not provide concrete standards that can give practical help to the judgment of the court besides abstract welfare principles for children, new standards through precedent cases has not yet been formed. In addition, only a few precedent cases showed an attitude that does not significantly consider the violence of a spouse when a person in parental authority is determined after divorce. However, as shown the investigation of America’s cases, DV of parents affect children obviously and badly. Thus, our family law should also clearly state DV as a consideration factor in the determination of a custodian and a person in parental authority and visitation rights. Moreover, in the case of a divorce degree caused by DV, the court should make a determination that can concretely realize the welfare of children according to individual cases. In particular, when judging a permission of visitation rights and its continuity, the best welfare of children should be the supreme standard.