아동의 의견표명권에 관한 검토

A review on the right to express a child's opinion:Focused on the family trial procedure

Listening to a child’s opinion in family trial procedure is meaningful not only in the viewpoint that it is The best interest of a child but also it is the procedural justice. Article 12 of the Convention on the Rights of the Child which stipulates the right to express his or her opinions becomes the guideline of interpretation and application of domestic law. Article 100 of Rules of Family Suit which is the only regulation regarding this under current law simply regulates that the family court should listen to a child’s opinion prior to judgement if the child is over 15. Therefore, in this thesis, I’d like to present following improvements regarding our law and system through the interpretation of Article 12 in the Convention on the Rights of the Child. First, eliminate the age limit which was set in the Article 100 of Family Law Suit Procedure so that child can express opinions regardless of age in the case of important matters which can have an influence on child’s welfare. Second, consider child’s opinion not the means of judging his or her welfare but the absolute standard for judgement. Third, flexible and various guidelines which are appropriate for both child’s developmental step and his or her welfare should be set up to enforce listening to child’s opinion. Fourth, family court should build up professionalism in the supportive place for child and show respect and consideration for the child’s right of self-determination in resolving family law cases.