보호시설 미성년후견제도에서 아동의 절차권 보장

Guardianship of Minors in Protective Facilities and Children’s Procedural Rights

This study examines children’s procedural rights in the guardianship of minor system for those residing in protective facilities. Despite the 2011 comprehensive revision of the Civil Act’s guardianship provisions, the Act on The Guardianship of Minors in Protective Facilities has remained largely unchanged, creating significant gaps in protecting children's procedural rights. The research identifies critical issues: differential treatment based on whether children are orphans and whether facilities are publicly or privately operated; absence of court authorization in appointing guardians for orphaned children in protective facilities; and lack of mechanisms enabling children to express opinions or appeal guardian appointments. Based on the UN Convention on the Rights of the Child and comparative analysis of German and UK guardianship systems, this paper proposes three key reforms: mandatory court authorization for all guardian appointments in protective facilities, substantive guarantee of children’s right to be heard, and establishment of proper appeal procedures for minors.