아동보호를 위한 미성년후견제도의 활용방안: 독일 청소년청의 후견·보좌·보조 역할수행의 시사점

초록

The legal provisions of Korean Civil Code which provide that local authorities shall be entitled to apply for the appointment of minor guardians, enacted, in 2011, by the reformation of the traditional guardianship system, have not worked well in the praxis. It is because the administrative law which ensures the power given to the local authorities in the realm of the appointment of minor guardians can be exercised for the protection of children and young persons has not yet enacted. It means that local authorities do not have any administrative law to rely on for the exercise of the power to given by the Korean civil code to them. In the absence of proper intervention of local authorities for the protection of children against abuse and neglect by parents and other responsible relatives, the voice for the punishment of abuser and neglector has been raised. This paper proposes the revision of administrative laws relevant to the protection of children and young persons against abuse and neglect to the effect that civil law reformation which has local authorities more actively engage in the appointment of minor guardians can be brought into motion in the praxis of child protection. To support the proposals it puts forward, this paper compares the similarities and differences of the purpose and methods of child protection between Korea and Germany.

키워드