18.97.14.91
18.97.14.91
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민법 개정안상 친양자제도에 관한 연구
A Study on the Full - Adoption in New Amendments to the Civil Code
이해일(Hai Il Lee)
UCI I410-ECN-0102-2009-360-006100104

The institution of adoption under the Civil Code is not perfect because it has many problems. For example, if somebody is adopted, his previous kinship is not extinct and he can not use his foster parents` family name. As a result, adoption is rarely occurred in Korea. Many babies have been exported and therefore Korea has notorious for a baby-exporting Nation. It has been sometimes happened that foster parents report to the civil office their natural babies although the babies are actually adopted, and abandoned babies in the hospital become the object to be solved. In order to solve these problems, new amendments to the Civil Code adds the institution of the full-adoption while the Code does not attempt to deleting any provision regarding the adoption system. According to the institution of the full-adoption, if certain requirements are met and the full-adoption is legalized, a foster child is permitted to use his foster parents` family name and his previous kinship is extinct. By providing this institution, the adoption can be available for the welfare of children. So, I fully agree to this institution. In this article, first of all, the requirements for and the effects of the full- adoption under new amendments to the Civil Code are reviewed and new interpretation of some theoretical problems is attempted. The problems to be occurred during the application of this institution are presented and the methods to solve these problems are looked for in consideration of various opinions presented in the course of legislation and foreign laws. There have been some opinions that assert the introduction of the institution, but legal doctrines or cases regarding to new amendments has been scarcely found until now. Therefore, discussion concerning related subjects is made by reference to foreign law and materials. In appendix, statistics of domestic and outbound adoption occurred during the latest 6 years are provided.

[자료제공 : 네이버학술정보]
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