아동권리 보장을 위한 법적 기반 확보 방안

Abstract

Under the current laws, the policy on young children is oriented toward the children requiring protection and the children are considered as the passive subject as the constituents of family and state, rather than acknowledged as the direct subject of right. Under such perception, the cases of accident of children, issue of abuse, and others have been limited to enactment or revision of individual laws once any applicable agenda is generated but it has become a problem as it reaches to the level or rearranging the scattered individual laws rather than revising the children related legal system in general. On the basis of such a problem, this study analyzes whether current laws are systematized in the guarantee level of right for children to guarantee the rights of children, whether the legal foundation is fully equipped with for each territory of right for children and detailed category, and so forth, and review the current children related legal system in general as the purpose to review the feasibility to equip with the legal basis for guaranteeing the right for children.

And, for the methodology under this study, first, it contemplates the right of children, basic perception of children policy, range of policy for children, and so forth, under the legal aspect of policy for children. Second, major issues are formulated through the finalization of the scope of legal system for children and the analysis of current legal system. Third, comparative legal review is implemented through the trend analysis on the policy for children in major advanced countries, such as, Germany, the UK, Japan and others. Fourth, it reviews the proposal of integrated legal agenda for maintaining the current legal system and the legislation of the Framework Act of Children regarding the legislative task and policy plan. And, lastly, it reviews the bibliography of advanced studies on rights and policies of children and takes a look at the current legal system on children to formulate the tasks for systematic improvement.

The policy proposal to secure the legal foundation for improving the right of children is shown as follows. First, in order to guarantee the right of children, it has to promote the revision on the territory where the protection of right for children is vulnerable with the feeble legal basis under the current individual laws(phase 1), and the terminologies, ages and others are defined in overlapping to disperse the finance and the pertinent laws that may be concerned with the collision with respect to the promotion ideology has to be maintained systematically(phase 2). Thereafter, it has to enact the framework act to prepare the unified standard and promotion the system to guarantee the right of children(phase 3), and lastly, it has to be clarified through the constitution revision to be acknowledged as a subject of main body of right for children(phase 4).