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아동복지법상 아동학대에 관한 법적과제

원문정보

Legal Issues on Child Abuse in the Child Welfare Act

최영진

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초록

영어

In compliance with the changing of Child Welfare Act of in 2000 year, the legal basis of social intervention about a child abuse was prepared, and, with the continued amendments of the Act, there were many changes to our country child abuse prevention and intervention. But when sees in point of the basic principle on the right and protective of child, the Act role is insufficient
in the intervention of prevention and discovery of child and the protective necessity etc. It is follows to propose the desirable legal subject as a matter of child abuse problem. First, it is needed to constitute the child abuse prevention act for clearing & materializing the concept of abuse to judge and report child abuse and disposing a child abuse problem in speciality &
systematic. Second, in order to activate the report of child abuse levies a report duty in the report obligator and also the provision on the concrete process which follows hereupon and exemption from responsibility is necessary.
Third, in the case which will take a protective custody to the abused child, the legal system must be prepared for the possibility on the pre or anti judicial intervention. And the legal provision which will be able to protect temporarily until taking a protective custody without the will of the cruelty protector must be prepared. Forth, it is needed to amendment the requisition on the
adjudication of loss of parental authority, and if the degree where the cruelty act is serious, the design of the system which is able to limit the recovery of lost of parental authority is necessary. In the last, the introduction of the compulsion provision which a cruelty obligatorily participates to a service program to prevent from occurring child abuse is needed.

목차

Ⅰ. 들어가며
 Ⅱ. 아동학대의 개념ㆍ유형과 현황
  1. 아동학대의 개념
  2. 아동학대의 유형
  3. 아동학대의 현황
 Ⅲ. 아동학대에 관한 법적과제
  1. 아동학대 금지규정과 특별법 제정
  2. 아동학대 신고의무와 절차
  3. 피학대아 보호조치와 현장조사
  4. 친권행사의 제한 및 상실
  5. 학대행위자에 대한 서비스 제공
 Ⅳ. 맺음말
 참고문헌
 ABSTRACT

저자정보

  • 최영진 Choi Young-Jin. 경상대학교 법과대학 강사, 법학박사

참고문헌

자료제공 : 네이버학술정보

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