영국법상 아동의 법적 지위 인정에 관한 소고

Recognition of the Child’s Status in U.K.

The Korean Family Law(ie, Ch. 4 of the Civil Law) has gone through a period of turbulence without having no time to think about other things. In 1980s, there are movements for trying to improve women s social and legal status such as English Laws and Cases. Consequently, women s social and legal status are elevated, but the child’s status in the law gets no better. I think it is because parents have thought them as their possessions. They say that their thought are influenced by the Confucianism. I can not go along with them. To be influenced by the Confucian culture means, I believe, that there is an order of rank based on respect and benevolence not a command and subordination between parents and children. There were days when children were possessions of their parents in U.K. For the materials are from the Blackstone’s work, the author called that time as ‘Blackstone’s age’. Furthermore, As maternal rights are liberated from the father’s, the child’s status grew strong together. And finally, the child’s status established by the Child Act 1989. In this paper, the author described parental rights, maternal rights and child’s rights in common law and equity. And interpreted several cases and finally examined the Gillick case. In this process the author reached the conclusion that we need to recognize the child’s status in law for preventing the child abuse. The living lesson of U.K. gives us many implications in preventing the child abuse.