부모의 자녀에 대한 친권행사와 국가의 통제

• 영문명: The Family, the Children, and the State : The Limit of Parental Authority in Medical and Educational Decision-making
• 발행기관: 한국가족법학회
• 저자명: 이동진(Lee Dong Jin)
• 간행물 정보: 『가족법연구』家族法硏究 第30卷 3號, 83~146쪽, 전체 64쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.11.30

영문 초록

The parental authority is a power to make a decision on their children’s affairs autonomously. It is, however, under the restriction that it should be oriented to the best interest of the children. These two concepts the family autonomy and the best interest of the child might have conflicts with each other. As the 2014 revision of Civil Code and the 2014 enactment of Special Act on Punishment of the Child Abuse introduces new regime which enables the family court to suspend or limit the parental authority and commence a guardianship limited in time or scope, not just deprive parents of all their authority, the chance that these conflicts be under the judicial review expects to increase. In this article, the typical settings of these conflicts, that is, medical or educational decision-making for minor children, their (arguable) resolutions, and the way of argumentation to reach the conclusion would be developed based on the comparative study of the legislation and the case law of Germany, France, and especially the United States of America as well as the analysis of the family autonomy and the state’s duty to protect the child under the Korean Constitution.

목차

Ⅰ. 서론

Ⅱ. 비교법

Ⅲ. 부모, 자녀, 국가의 관계

Ⅳ. 결론

참고문헌

Abstract

키워드

친권 자녀의 최선의 복리 가족의 자율권 자녀보호의무 의료적 의사결정 종교적 양육 의무교육 parental authority the best interest of the child family autonomy the state’s duty to protect the child medical decision-making education