Termination of Parental Rights, Etc.
What does “Termination of Parental Rights” Mean?- Parents are provided with “parental rights” since they are obliged to support his/her minor child economically, socially, and mentally to provide circumstances for a happy life and for the child to grow and develop properly (refer to subparagraph 2 of Article 3 of the Child Welfare Act).
- “Termination of parental rights” means the court taking away parental rights upon the request of the mayor, governor, head of Si/Gun/Gu, or prosecutor. This happens when the child’s parents improperly use parental rights, commit noticeable misconduct, or engage in other severe acts that make the parent unqualified to exercise parental rights (refer to Article 18(1) of the Child Welfare Act).
Demand of Termination of Parental Rights- If there is a reason to demand termination of parental rights, the child welfare facility head or a school principal may request the mayor, governor, head of Si/Gun/Gu, or the prosecutor to demand the court to restrict the parent from exercising parental rights or take away his/her parental rights (Article 18(2) of the Child Welfare Act).
- Suppose the mayor, governor, head of Si/Gun/Gu, or prosecutor finds out that the child’s parents improperly used his/her parental rights, committed noticeable misconduct, or engaged in other severe acts that make the parent unqualified to exercise parental rights. If deemed necessary to ensure the child’s welfare, he/she may request the court to restrict the parent from exercising parental rights or take away the parental rights (Article 18(1) of the Child Welfare Act).
- Suppose the mayor, governor, head of Si/Gun/Gu, or prosecutor claims the court to restrict the parent from exercising parental rights or take away the parental rights. In this case, the person involved shall respect the opinion of the head of child welfare facility, such as the National Center for the Rights of the Child (NCRC) or specialized child protection institution, the doctor who consulted or treated the child, and the child (Article 18(3) of the Child Welfare Act).
Appointing the Guardian or Requesting the Guardian’s Replacement- Person Claiming Guardian Appointment
· If discovering a child without a guardian, the mayor, governor, head of Si/Gun/Gu, the child welfare facility head, or school principal shall request the court to appoint a guardian for the child, if deemed necessary for the child’s welfare (Article 19(1) of the Child Welfare Act).
· If the guardian abuses the child or commits noticeable misconduct, the mayor, governor, head of Si/Gun/Gu, the child welfare facility head, or school principal shall request the court to replace the guardian for the child (Article 19(2) of the Child Welfare Act).
- Temporary Guardian
· Suppose the court was requested to appoint the guardian of a child with no guardian. In this case, the mayor, governor, head of Si/Gun/Gu, the head of a specialized child protection institution, or the NCRC may temporarily act as the guardian before the official guardian has been nominated, according to Article 19, paragraphs 1 and 2 of the Child Welfare Act (former part of Article 20(2) of the Child Welfare Act).
- The child’s opinion shall be respected when appointing or replacing his/her guardian (Latter Part of Article 19(3) and Article 20(2) of the Child Welfare Act).
※ Do we have to send the child back home even though the parent apparently abused the child?
(Question) An infant who is not yet one year old is brought to the emergency room where I work due to vomiting and trouble breathing. Upon examination, I discover that the infant's body is covered in wounds. I immediately call the police. However, the child's mother demands that we return him home, claiming that the wounds were simply the result of discipline. It is clear to me that the child has been abused, but am I left with no choice but to send him back home?
(Answer) Yes, you do. First, you must report to the specialized child protection institution or investigation institution and protect and treat the child at the hospital. If required, emergency measures may be taken to keep the child safe from his abusive parent.
Physically injuring a child is indisputably an act of child abuse, which gets a person sentenced up to five years of imprisonment or fined up to KRW 50 million for committing the crime (subparagraph 2 of Article 71(1) of the Child Welfare Act).
Reporting to the police will start the investigation of a child abuse case. Furthermore, suppose the parent apparently abused the child, improperly misused parental rights, or other severe reasons make the parent unqualified to exert parental rights. In this case, the mayor, governor, head of Si/Gun/Gu, or prosecutor is obliged to request the court to restrict or take away the parental rights (Article 18(1) of the Child Welfare Act). If a trial is held on the child abuse case, the trial regarding the termination of parental rights will most likely proceed. If the parent loses his/her parental rights, the child will be sent to a child welfare facility to be protected.