Adjudication of loss of parental authority
What is an adjudication of loss of parental authority?
- “Adjudication of loss of parental authority” is where the court sentences loss of parental authority when requested by a Mayor/Do Governor, the head of Si/Gun/Gu, or a prosecutor upon discovering that a father or mother has abused his or her parental authority or committed significant misconduct, or when parental authority cannot be exercised due to other serious grounds (see Article 18(1) of the Child Welfare Act).
Application for loss of parental authority by a prosecutor
- Unless under extenuating circumstances, a prosecutor who is investigating a sex offense against a child or youth shall request the competent court to render an adjudication of divestment of parental authority or make a decision on the replacement of a guardian if the offender in the relevant case is a person with parental power or a guardian of the relevant victimized child or youth (Article 23(1) of the Act on the Protection of Children and Youth Against Sex Offenses).
Application for loss of parental authority by a child protection agency, etc.
- The heads of the following institutions, facilities, or organizations may request a prosecutor to apply for loss of parental authority. In such a case, the prosecutor who has received such a request shall notify the heads of the relevant institutions, facilities, or organizations of the outcome of processing such request within 30 days after receipt of such request (Article 23(2) of the Act on the Protection of Children and Youth Against Sex Offenses):
· Specialized child protection agencies
· Counseling centers for victims of sexual violence and protection facilities for victims of sexual violence
· Youth counseling and welfare centers and youth shelters
- If the head of each institution, facility, or organization notified of the outcomes of processing upon the request to apply for loss of parental authority has an objection to such outcomes, he or she may directly file a request with the competent court within 30 days after receiving the notification (Article 23(3) of the Act on the Protection of Children and Youth Against Sex Offenses).
Child protection after adjudication of loss of parental authority
- Where the court adjudicates the offender in a sex offense case against a child or youth to be divested of his or her parental power, it may decide on protective measures such as delivering the victimized child or youth to another person with parental authority, a relative, or an institution, facility, or organization that can protect the victimized child (former part of Article 24 of the Act on the Protection of Children and Youth Against Sex Offenses).
- In such cases, the court shall respect the opinion of the relevant child or youth when deciding on protective measures (latter part of Article 24 of the Act on the Protection of Children and Youth Against Sex Offenses).