메뉴 건너뛰기
Library Notice
Institutional Access
If you certify, you can access the articles for free.
Check out your institutions.
ex)Hankuk University, Nuri Motors
Log in Register Help KOR
Subject
Humanities
General Humanities History Philosophy Religious Studies Linguistics and Literature Other Humanities
Social science
General Social Science Business Management Tourism Education Military Science Library and Information Science Law Sociology Journalism and Media Studies Psychological Science Political Science and Diplomacy Geography Public Administration Economics International Trade Anthropology Other Social Science
Natural science
General Natural Science Physics Biology Life Sciences Mathematics/Statistics Astronomy Earth Science Chemistry Other Natural Science
Engineering
General Engineering Architectural Engineering Mechanical Engineering Industrial Engineering Material/Energy Engineering Electrical and Electronic Engineering Marine and Ocean Engineering Chemical Engineering Computer Science Other Engineering
Medical science
General Medical Science Nursing Science Veterinary Pharmacy Traditional Korean Medicine Basic Medicine Clinical Medicine Other Medicine
Agriculture and Fishery
General Agriculture and Fishery Agriculture Fishery Science Food Science Forestry Animal Husbandry Marine Transportation Studies Other Agriculture and Fishery
Art and Kinesiology
General Arts Design Fine Arts Cosmetology Photography Music Fashion Kinesiology Performing Media Arts Other Arts and Kinesiology
Interdisciplinary Studies
Interdisciplinary Research Science and Technology Studies Brain and Cognitive Science Technology Policy Other Interdisciplinary Studies

KOR

Study on the Art. 870 Korean Civil Code about Parent's Consent to Adoption of Minor Children
Recommendations
Search

미성년자 입양 시 부모의 동의에 관한 민법 제870조 규정의 이해

논문 기본 정보

Type
Academic journal
Author
Joon Hyun Lee (서강대학교)
Journal
한양대학교 법학연구소 법학논총 법학논총 제34권 제3호 KCI Accredited Journals
Published
2017.1
Pages
471 - 489 (19page)

Usage

cover
Study on the Art. 870 Korean Civil Code about Parent's Consent to Adoption of Minor Children
Ask AI
Recommendations
Search

Abstract· Keywords

Report Errors
In the 2010s, there were frequent revisions of Korean Civil Code(KCC). Among them, the amendment to the adopted children section in 2012 has transformed the paradigm of adoption into "adoption for the sake of children" and stipulated the state's intervention to guarantee the welfare of the adopted children. Meanwhile, the amendment of the parental authority section in 2014 had the purpose of protecting children from abuse of parental authority and child abuse. The amendments to the Civil Code in 2012 and in 2014 were made for different purposes, so they were not carefully considered with the other side in mind during each revision. As a result, it was questioned how the provisions of the parental authority section revised in 2014 would be applied in the interpretation and application of the provisions of the revised adopted children section of 2012. The problematic regulation is Art. 870 KCC. Art. 870 KCC stipulates that the adoption of minors requires the consent of their parents for the adoption, and it is exceptionally not required, if the parents are sentenced for loss of parental authority. If so, it will be questioned what will happen if the temporary suspension of parental authority may be adjudicated or the partial restriction of parental authority may be sentenced, both made by revision of the KCC in 2014. In this regard, the amended KCC of 2014 sets out Art. 925-3 KCC. Art. 925-3 KCC stipulates that the adjudication on the loss or temporary suspension of parental authority, on partial restriction of parental authority or on the loss of the rights to represent and to manager property does not change any of the rights and obligations of parents to their child. But this regulation was aimed at preventing parents from refusing to fulfill their obligations in response to public intervention in the exercise of parental authority, and was made in mind with the case, in which the parents refuse consent for the treatment, even though specific medical treatment and procedures were absolutely necessary for the treatment of the child. Therefore, it is necessary to take a specific examination as to whether or not the regulation is also appropriate as a link to adoption, especially if the parents want to actively exercise their authority based on their status as parents. As a result of the examination, it was concluded that parental consent is not required for the adoption of minors, if the parent's location is not known or in similar situations, if the parent is adjudicated on loss or temporary suspension of parental authority, and if the parent is adjudicated on partial restriction of parental authority, while parental consent for minors adoption is required, if the parent is adjudicated on loss of rights to represent and manage property.
#Adoption #Full Adoption #Adopted Children #Adjudication on Loss of Parental Authority #Adjudication on Temporary Suspension of Parental Authority #Adjudication on Partial Restriction of Parental Authority #Adjudication on Loss of Rights to Represent and Manage Property

Contents

No content found

References (27)

Add References
김주수 / 2016 / 친족·상속법-가족법- / 법문사 google schola 박동섭 / 2013 / 친족상속법 / 박영사 google schola 송덕수 / 2016 / 신민법강의 / 박영사 google schola 송덕수 / 2015 / 친족상속법 / 박영사 google schola 윤진수 / 2016 / 친족상속법강의 / 박영사 google schola

Recommendations

It is an article recommended by DBpia according to the article similarity. Check out the related articles!

Related Authors

Comments(0)

0

Write first comments.