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A Study on the Infringement of Children's Rights in Child Welfare Facilities in Accordance with the Child Welfare Act

  • Public Land Law Review
  • Abbr : KPLLR
  • 2015, 71(), pp.363-388
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

seon eun ae 1

1송원대학교

Accredited

ABSTRACT

A child welfare institution refers to a facility run by the national government, a local government or private organization to offer social welfare services to improve children's quality of life to ensure their welfare and safe, happy growth. In the child welfare act, a child is defined as a person who is under the age of 18. Therefore people under 18 are allowed to dwell in child welfare facilities. As a matter of fact, those who are under 18 are minors according to the civil law, and those under 14 are criminal minors according to the criminal law. Children's rights should be guaranteed both legally and institutionally, but several recent cases show that their rights are actually infringed without being properly protected. Although all the national and local governments and the private sector are obliged to help children to grow happily and safely, there are mounting cases to violate children's rights in child welfare facilities. In fact, the infringement of rights that happens in these facilities is scarcely exposed, and the facilities themselves try to resolve this problem. Moreover, there are neither any hiring regulations for child welfare facilities nor any legal requirements or evaluation criteria for the qualifications of their employees. So it's possible for job seekers to be employed if they just meet formal certification requirements, or each welfare center hires employees in their own way. So a person who isn't qualified enough to work for a child welfare institution is likely to infringe on the rights of the children who dwell in the institution. As this fact has something to do with the phenomena that children's rights aren't protected in child welfare facilities, it's important to prevent children's rights from being violated, and the relief of their rights is necessary if their rights are violated. Every child welfare institution must be compelled to provide preventive education for every employee not to violate children's rights to guarantee their rights and improve their welfare. In addition, accurate guidelines and regulations should be prepared about employee qualifications instead of allowing these facilities to judge by their own standard only. Finally, how to provide a variety of quality services for children whose rights are violated should carefully be considered.

Citation status

* References for papers published after 2022 are currently being built.