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A Study on the Revision Process of the Child Welfare Act based on the Unconstitutional Employment Limits in Child Related Institutions

  • DONG-A LAW REVIEW
  • 2020, (86), pp.39-71
  • DOI : 10.31839/DALR.2020.02.86.39
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : January 14, 2020
  • Accepted : February 21, 2020
  • Published : February 28, 2020

Ha, Yun Su 1

1부산교육대학교

Accredited

ABSTRACT

The purpose of this study is to examine the discussion surrounding the need for revision of the employment restriction regulations of child-related institutions under the Child Welfare Act and how the revision was made. To this end, a review was conducted on the unconstitutionality of the employment restriction regulations of child-related institutions under the Child Welfare Act. It also looked at the opinions of lawyers and the judgment of the relevant authorities on whether the punishment under the Criminal Act could be seen as a violation of the employment restriction rules of child-related institutions under the Child Welfare Act. The revision of the regulations on restricting employment of childrelated institutions under the Child Welfare Act is a case of simultaneous changes in the working-level interpretation of the regulations, the Korean Federation of Teachers’ Associations’ revision of the law, the National Assembly’s motion to revise the regulations, and the Constitutional Court’s ruling on the unconstitutionality of the regulations. While the unconstitutionality of restrictions on employment by childrelated institutions under the Child Welfare Act has been resolved, the negative impact on educational activities remains. Accordingly, the government proposed finding improvement points as a future research project.

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