아동복지를 위한 입양법의 제언 (A Study on the Adoption Law from the Viewpoint of the Child`s Welfare)

서지정보

· 발행기관 : 강원대학교 비교법학연구소
· 수록지 정보 : 강원법학 / 35권 / 813 ~ 856페이지
· 저자명 : 차선자

초록

Therer are three different types of the adoption laws in the korean, namely the private adoption, the full adoption and the agency adoption. Three types of the adoption laws also have had the different intentions, since they have enacted the laws.
The private adoption has provided in Korean Civil Law since its enactment and it stems from the Ip-Hoo in tradiotional the Chosŏn dynasty. It was the maintaining succession system of the family lineage by the adopted son, in the event that the eldest son died without producing an heir. The private adoption is based on contract between an adoptive and biological parents and an adoptee. The adoptee holds his or her family name and the relation with his or her biological parents. The full adoption was introduced to Korean Civil Law in 2005. In case of the full adoption system the adoptive children change their family name according to it by the adoptive parents and their relations between the adoptee and their biological parents are broken off. To protect the children`s human right, the adoptive parents have to take permission about the adoption by Family Court and basically the resolving of the adoptive relation is not permitted. The agency adoption aims to promote the children`s adoptions whom biological parents can not take care of.
Because the private adoption is constituted by the contract between adoptive and biological parents and adoptee, it is criticized on the aspect of the children`s human right. Therefore, the new revised bill of the Korean Civil Law asks for the permission about the adoption by the Family Court and the abrogation of the adoption is possible through its decision. In this way, the private adoption is similar with the full adoption, except that the adoptive children change the family name and break off the relation with the biological parents.
However it is uncertain how many people choose the private adoption continuously. The Korea is a society strongly impressed by the ideology of blood tie. Many adoptive parents register a birth of the adoptive children, not the report of the adoption, because they don`t want to let other people know the adoption. Under the condition the private adoption can not be best choice, because by it the adoptive parents use the different family name with the adoptee.
By the traditional adoption system, namely Ip-Hoo in Chosŏn dynasty the adoptive parents could be adopt only the son of their brothers. That means that in Korea the private adoption was practiced between the relatives. The private adoption is not for the protecting the children whom biological parents can not take care of.
In this paper the writer would like to examine what the reasonable application of private adoption law is in corporation of the full and the agency adoptiopn laws.

영어초록

Therer are three different types of the adoption laws in the korean, namely the private adoption, the full adoption and the agency adoption. Three types of the adoption laws also have had the different intentions, since they have enacted the laws.
The private adoption has provided in Korean Civil Law since its enactment and it stems from the Ip-Hoo in tradiotional the Chosŏn dynasty. It was the maintaining succession system of the family lineage by the adopted son, in the event that the eldest son died without producing an heir. The private adoption is based on contract between an adoptive and biological parents and an adoptee. The adoptee holds his or her family name and the relation with his or her biological parents. The full adoption was introduced to Korean Civil Law in 2005. In case of the full adoption system the adoptive children change their family name according to it by the adoptive parents and their relations between the adoptee and their biological parents are broken off. To protect the children`s human right, the adoptive parents have to take permission about the adoption by Family Court and basically the resolving of the adoptive relation is not permitted. The agency adoption aims to promote the children`s adoptions whom biological parents can not take care of.
Because the private adoption is constituted by the contract between adoptive and biological parents and adoptee, it is criticized on the aspect of the children`s human right. Therefore, the new revised bill of the Korean Civil Law asks for the permission about the adoption by the Family Court and the abrogation of the adoption is possible through its decision. In this way, the private adoption is similar with the full adoption, except that the adoptive children change the family name and break off the relation with the biological parents.
However it is uncertain how many people choose the private adoption continuously. The Korea is a society strongly impressed by the ideology of blood tie. Many adoptive parents register a birth of the adoptive children, not the report of the adoption, because they don`t want to let other people know the adoption. Under the condition the private adoption can not be best choice, because by it the adoptive parents use the different family name with the adoptee.
By the traditional adoption system, namely Ip-Hoo in Chosŏn dynasty the adoptive parents could be adopt only the son of their brothers. That means that in Korea the private adoption was practiced between the relatives. The private adoption is not for the protecting the children whom biological parents can not take care of.
In this paper the writer would like to examine what the reasonable application of private adoption law is in corporation of the full and the agency adoptiopn laws.

참고자료

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