자(子)의 인도청구의 집행방법에 관한 연구

초록

The Civil Execution Act in force contains no provision on how to enforce a request for child handover made by a person with parental authority. Against this backdrop, this study examines possible enforcement methods regarding a request for child handover. This study firstly provides a brief look at the current situation concerning how to enforce child handover in order to identify any outstanding issues. Then, it introduces the ongoing legislative process in Japan which has been subject to intense debate recently. Lastly, it analyzes the bill on amendment of the Family Litigation Act recently submitted before the National Assembly of Korea. Based on this, the study shed lights on possible overhaul of applicable law, given that children’s interests and welfare deserve sufficient consideration in light of the unique features of child handover enforcement.

키워드