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KMID : 0613620190390030573
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Health Social Welfare Review
2019 Volume.39 No. 3 p.573 ~ p.601
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Parental Rights in Inclusive Welfare States: A Discussion on the Revision of ‘Civil Act Article 915 Right to Take Disciplinary Action’
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Lee Se-Won
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Abstract
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The welfare vision of the present government is an ‘inclusive welfare state’, and the amendment of the disciplinary action for the promotion of children’s rights is being discussed. The purpose of this study is to explore the direction of parental rights, focusing on the revision of disciplinary action. In our society of the patriarchal system, children were regarded as belonging to parents and were not recognized as subjects of rights. Therefore, the Civil Act enacted in 1958 stipulated that parents have strong parental rights including disciplinary rights. However, over the past six decades, the concept of parental rights has been changed to emphasize not only the rights of parents but also their obligations. Nonetheless, the disciplinary power has been used as a means of justifying child abuse because it is mistaken for excessive physical punishment or discipline rather than for educational purposes. At present, child abuse by parents is a serious social problem, and the reform of law prohibiting corporal punishment of children is the first step of the inclusive welfare state. Therefore, this study suggested prohibition of child punishment in civil law and specific strategies through review of current law and judgment related to child corporal punishment.
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KEYWORD
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Parental Right, Right to Take Disciplinary Action, Corporal Punishment, Child Right, Child Abuse
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