개정「민법」상 입양과「입양특례법」상 입양

• 영문명: Adoption under the revised Civil Law and the Special Adoption Act
• 발행기관: 한국가족법학회
• 저자명: 현소혜(Hyun, So-Hye)
• 간행물 정보: 『가족법연구』家族法硏究 第27卷 1號, 85~114쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.04.30

영문 초록

Some articles concerning adoption in Korean Civil Law and the Special Adoption Act have been recently revised. But unfortunately those two statutes become in consistent because of the difference of the primary department and the gap of time for revision. For example, those who want to adopt a child under the application of the Special Adoption Act can also choose an adoption or a full adoption under the Civil Law, and thereby they can escape from rigorous requirement of the Special Adoption Act. Furthermore, on the one hand an adoption under the Civil Law becomes effective by an adoption report under the Act on the Registration, etc. of Family Relationship, on the other hand an adoption under the Special Adoption Act becomes effective at the same time with the final and conclusive adjudication which has admitted an adoption claim. Consequently children who has been adopted by foreign parents cannot be protected properly when adoptive parents reject to take over the child after the adoption adjudication. It is not clear either, whether an adoption without adjudication under the Special Adoption Act is null and void, or not, because the new Special Adoption Act just provides that the articles concerning adoption in Korean Civil Law shall apply mutatis mutandis without specifying whether those articles are related to a normal adoption or a full adoption. Besides, a provision about the consent exemption in case of missing of a legal representative is left out in full adotion, and a provision about the consent exemption in case of unjustifiable rejection in adoption under the Special Adoption Act, either. The revised Civil Law and the Special Adoption Act surely has opened a new horizon of the area of adoption, but we cannot deny that they have a lot to be improved.

목차

Ⅰ. 들어가면서

Ⅱ. 입양허가제와 관련된 몇 가지 문제점

Ⅲ. 입양동의제도와 관련된 몇 가지 문제점

Ⅳ. 나가면서

《참고문헌》

키워드

입양허가제 해외입양 입양의 동의 동의면제제도 입양의 취소 친양자입양 입양특례법 permission of adoption intercountry adoption consent to adoption consent exemption annulment of adoption full adoption special adoption act