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A Legal Policy Consideration for 『The Child Welfare Act』 revised in 2016
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2016년 개정 「아동복지법」에 관한 법정책적 고찰

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Type
Academic journal
Author
Moon, Young Hee (서울기독대학교)
Journal
The Institute of Legal Studies Inha University Inha Law Review : The Institute of Legal Studies Inha University Vol.19 No.4 KCI Accredited Journals
Published
2016.12
Pages
103 - 136 (34page)

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A Legal Policy Consideration for 『The Child Welfare Act』 revised in 2016
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Social concern for children was heightened due to the raised seriousness of child abuse in our society, and therefore the request for reinforcement of child welfare or child protection was increased, hence additional legislative measures have been made to improve the parts which were regarded as inadequate for child welfare or child protection in the 19th National Assembly to reflect this stream of public opinion. The amendment to the Child Welfare Act is one of them. There were five partial revisions to the Child Welfare Act in the 19th National Assembly, excluding 5 cases by the amendments of other laws. In this thesis, I suggested what should be modified and remedied for the amendment on Child Welfare Act revised on March 22nd, 2016(Act No.14085) after the analysis and examination on it.
In the details of the revised Child Welfare Act, it can be generally classified as the following; plan for the efficiency of child-related policy, reinforcement of child protection and reinforcement of the functions of child protection institutions and child shelters. It is desirable that the priority of implementing the revised Act is focused on preparing measures and improving the system for child protection, particularly with regard to the ‘protection of the original family’ as the fulfillment of welfare in the revised Act. It is also considered significantly valuable that there are remedies for inadequate sections in child protection and sections that used to be indicated as problems in the field.
It is regulated that the fixed obligation is imposed on the directors of national institutions, local governments and child welfare institutions to faithfully implement the protection of children’s rights, however, it is nothing more than just declarative regulations since there are inadequate punishment regulations for cases of violation, thus, remedies for these matters are demanded. In the improvement of the system for child welfare or child protection, it is required to be modified or remedied that the child is still regarded as an object of protection.
Since it is true that children are our future, a change of recognition that the realization of child welfare and the protection of children’s rights are national tasks is required. Hence, in revising the Child Welfare Act, the fundamental law for child welfare and children’s rights, I anticipate that the implementation of practical modifications and remedies for the growth of children with sincere safety and happiness rather than just be satisfied with perfunctory treatment or preparation of the system.
#아동복지법 #아동보호 #아동학대 #학대피해아동 #보호대상아동 #Child Welfare Act #Child Protection #Child Abuse #Abused Child #Child Requiring Protection

Contents

국문초록
Ⅰ. 머리말
Ⅱ. 2016년 아동복지법의 개정과 주요 내용
Ⅲ. 2016년 아동복지법의 개정 내용에 대한 검토
Ⅳ. 맺음말
참고문헌
ABSTRACT

References (25)

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[단행본] - 강동욱 / 2011 / 아동학대－법과 제도 / 청목출판사 google schola [보고서] - 보건복지부 / 2016 / 2015 전국아동학대 현황보고서 google schola [학술지(정기간행물)] - 강동욱 / 2010 / 일본에서의 아동학대에 대한 대응체제와 법제도 / 법과정책연구 10 (3) : 911 ~ 928 dbpia [학술지(정기간행물)] - 강동욱 / 2016 / 아동학대범죄의 처벌 등에 관한 특례법 해설 / 아동보호연구 1 (1) google schola [학술지(정기간행물)] - 강동욱 / 2016 / 아동학대범죄 피해아동의 보호를 위한법·제도적 보완 방안 / 홍익법학 17 (1) : 55 ~ 79 dbpia

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