우리 민법에서 이혼과 공동양육 논의의 재고

A Reconsideration of Divorce and Co-Parenting in the Korean Civil Law System

The article discusses the Supreme Court’s stance on joint parenting and the designation of co-parents as co-custodians. It argues that while some criticize the position of precedents, joint parenting may actually be detrimental to children’s welfare, and the article focuses on the positive effect of designating one parent as the sole caregiver. The target judgment reversed a decision to designate a co-parent and remanded the case to the lower court. The article analyzes the concept of joint parental authority and joint parenting, considering foreign examples and Korea’s reality. It questions whether joint parenting is the best parenting method for children’s welfare in our civil law system and suggests the significance of the target judgment and the desirable form of joint parenting. This article explores the concept of joint parenting in the Korean Civil Act, specifically the designation of co-parents and sole caregivers. The author examines how the Korean system differs from that of the United Kingdom and the United States, where parental rights and caregivers are not separated. The article argues that joint parental rights and single parenting, rather than joint parenting, are more desirable in Korea, given the practical difficulties and side effects of joint parenting. The author also suggests that expanding the right to interview negotiations for those who are not caregivers could achieve the same purpose as joint parenting. The article concludes by emphasizing the need for careful consideration when deciding on the specific circumstances under which joint parenting should be allowed.