THE PARENTAL POWER UNDER THE LAW OF THE
REPUBLIC OF KOREA

In Korea, a minor child is subject to the parental power
of its father as set forth in Article 909 of the Civil of 1960
which provides: 1/

Article 909.  1.  A child who is a minor shall be subject
to the parental power of his or her father who is in the same
household.

  2.  If a child has no father, or the father is unable to
exercise parental power for any reasons, the child's mother
who is in the household shall exercise parental power over
the child.

  3. --  4.  [Omitted.]

  5.  If the father and mother are divorced or the mother
has her register returned to her original family register, or
the mother has re-married after the father of a child died,
the mother may not exercise parental power over such child
born to her during the existence of her former marriage.

  A minor child is a person who has not attained majority
as defined in Article 4 of the same Code:

  Article 4.  Majority is attained on the completion of a 
full twenty years of age.

  With respect to the effect of parental power, Articles 913
and 914 of the Civil Code state:

  Article 913.  A person who exercises parental power has the
right and duty of protecting and educating his or her child.

  Article 914.  A child must reside at the place designated
by the person who exercises parental power [over him].


---------------------------
1/  Law No.  471, promulgated on February 22,  1958; effective on
January 1, 1960, as amended by Law No. 2200, June 18, 1970.THE PARENTAL POWER UNDER THE LAW OF THE
REPUBLIC OF KOREA

In Korea, a minor child is subject to the parental power
of its father as set forth in Article 909 of the Civil of 1960
which provides: 1/

Article 909.  1.  A child who is a minor shall be subject
to the parental power of his or her father who is in the same
household.

  2.  If a child has no father, or the father is unable to
exercise parental power for any reasons, the child's mother
who is in the household shall exercise parental power over
the child.

  3. --  4.  [Omitted.]

  5.  If the father and mother are divorced or the mother
has her register returned to her original family register, or
the mother has re-married after the father of a child died,
the mother may not exercise parental power over such child
born to her during the existence of her former marriage.

  A minor child is a person who has not attained majority
as defined in Article 4 of the same Code:

  Article 4.  Majority is attained on the completion of a 
full twenty years of age.

  With respect to the effect of parental power, Articles 913
and 914 of the Civil Code state:

  Article 913.  A person who exercises parental power has the
right and duty of protecting and educating his or her child.

  Article 914.  A child must reside at the place designated
by the person who exercises parental power [over him].


---------------------------
1/  Law No.  471, promulgated on February 22,  1958; effective on
January 1, 1960, as amended by Law No. 2200, June 18, 1970.THE PARENTAL POWER UNDER THE LAW OF THE
REPUBLIC OF KOREA

In Korea, a minor child is subject to the parental power
of its father as set forth in Article 909 of the Civil of 1960
which provides: 1/

Article 909.  1.  A child who is a minor shall be subject
to the parental power of his or her father who is in the same
household.

  2.  If a child has no father, or the father is unable to
exercise parental power for any reasons, the child's mother
who is in the household shall exercise parental power over
the child.

  3. --  4.  [Omitted.]

  5.  If the father and mother are divorced or the mother
has her register returned to her original family register, or
the mother has re-married after the father of a child died,
the mother may not exercise parental power over such child
born to her during the existence of her former marriage.

  A minor child is a person who has not attained majority
as defined in Article 4 of the same Code:

  Article 4.  Majority is attained on the completion of a 
full twenty years of age.

  With respect to the effect of parental power, Articles 913
and 914 of the Civil Code state:

  Article 913.  A person who exercises parental power has the
right and duty of protecting and educating his or her child.

  Article 914.  A child must reside at the place designated
by the person who exercises parental power [over him].


---------------------------
1/  Law No.  471, promulgated on February 22,  1958; effective on
January 1, 1960, as amended by Law No. 2200, June 18, 1970.THE PARENTAL POWER UNDER THE LAW OF THE
REPUBLIC OF KOREA

In Korea, a minor child is subject to the parental power
of its father as set forth in Article 909 of the Civil of 1960
which provides: 1/

Article 909.  1.  A child who is a minor shall be subject
to the parental power of his or her father who is in the same
household.

  2.  If a child has no father, or the father is unable to
exercise parental power for any reasons, the child's mother
who is in the household shall exercise parental power over
the child.

  3. --  4.  [Omitted.]

  5.  If the father and mother are divorced or the mother
has her register returned to her original family register, or
the mother has re-married after the father of a child died,
the mother may not exercise parental power over such child
born to her during the existence of her former marriage.

  A minor child is a person who has not attained majority
as defined in Article 4 of the same Code:

  Article 4.  Majority is attained on the completion of a 
full twenty years of age.

  With respect to the effect of parental power, Articles 913
and 914 of the Civil Code state:

  Article 913.  A person who exercises parental power has the
right and duty of protecting and educating his or her child.

  Article 914.  A child must reside at the place designated
by the person who exercises parental power [over him].


---------------------------
1/  Law No.  471, promulgated on February 22,  1958; effective on
January 1, 1960, as amended by Law No. 2200, June 18, 1970.THE PARENTAL POWER UNDER THE LAW OF THE
REPUBLIC OF KOREA

In Korea, a minor child is subject to the parental power
of its father as set forth in Article 909 of the Civil of 1960
which provides: 1/

Article 909.  1.  A child who is a minor shall be subject
to the parental power of his or her father who is in the same
household.

  2.  If a child has no father, or the father is unable to
exercise parental power for any reasons, the child's mother
who is in the household shall exercise parental power over
the child.

  3. --  4.  [Omitted.]

  5.  If the father and mother are divorced or the mother
has her register returned to her original family register, or
the mother has re-married after the father of a child died,
the mother may not exercise parental power over such child
born to her during the existence of her former marriage.

  A minor child is a person who has not attained majority
as defined in Article 4 of the same Code:

  Article 4.  Majority is attained on the completion of a 
full twenty years of age.

  With respect to the effect of parental power, Articles 913
and 914 of the Civil Code state:

  Article 913.  A person who exercises parental power has the
right and duty of protecting and educating his or her child.

  Article 914.  A child must reside at the place designated
by the person who exercises parental power [over him].


---------------------------
1/  Law No.  471, promulgated on February 22,  1958; effective on
January 1, 1960, as amended by Law No. 2200, June 18, 1970.-  2  -

  If abused, parental power is subject to forfeiture by

decree of the Family Court, as provided in Article 924 of the same

Code:

  Article 924.  If father or mother abuses parental power
or is guilty of gross misconduct, or there exists any other
grave reason for not allowing the father or mother to exercise
parental power, the court may, upon the application of any
of the child's relatives in accordance with the provisions
of Article 777 or of a public procurator, adjudge the forfeiture
of parental power.

Article 777.  Legal effects arising due to relationship
shall be effective upon the persons who fall under any one
of the following items unless otherwise provided in the Code
or any other laws:

  (1)  Parental relative by blood within the eighth degree
  of relationship;

  (2)  Maternal relative by blood within the fourth degree
  of relationship;

  (3)  Husband's parental relative by blood within the
  eighth degree of relationship ;

  (4)  Husband's maternal relatives by blood within the
  fourth degree of relationship;

  (5)  Wife's parent;

  (6)  Spouse.

  Under the Korean Civil Code, the minor children in question

thus are bound to reside in the place designated by their father.

However, if the place of abode designated by the father is improper

or the minor childrens' residence there serves the interest of the

father rather than that of the children, it may constitute an abuse

-  2  -

  If abused, parental power is subject to forfeiture by

decree of the Family Court, as provided in Article 924 of the same

Code:

  Article 924.  If father or mother abuses parental power
or is guilty of gross misconduct, or there exists any other
grave reason for not allowing the father or mother to exercise
parental power, the court may, upon the application of any
of the child's relatives in accordance with the provisions
of Article 777 or of a public procurator, adjudge the forfeiture
of parental power.

Article 777.  Legal effects arising due to relationship
shall be effective upon the persons who fall under any one
of the following items unless otherwise provided in the Code
or any other laws:

  (1)  Parental relative by blood within the eighth degree
  of relationship;

  (2)  Maternal relative by blood within the fourth degree
  of relationship;

  (3)  Husband's parental relative by blood within the
  eighth degree of relationship ;

  (4)  Husband's maternal relatives by blood within the
  fourth degree of relationship;

  (5)  Wife's parent;

  (6)  Spouse.

  Under the Korean Civil Code, the minor children in question

thus are bound to reside in the place designated by their father.

However, if the place of abode designated by the father is improper

or the minor childrens' residence there serves the interest of the

father rather than that of the children, it may constitute an abuse

-  2  -

  If abused, parental power is subject to forfeiture by

decree of the Family Court, as provided in Article 924 of the same

Code:

  Article 924.  If father or mother abuses parental power
or is guilty of gross misconduct, or there exists any other
grave reason for not allowing the father or mother to exercise
parental power, the court may, upon the application of any
of the child's relatives in accordance with the provisions
of Article 777 or of a public procurator, adjudge the forfeiture
of parental power.

Article 777.  Legal effects arising due to relationship
shall be effective upon the persons who fall under any one
of the following items unless otherwise provided in the Code
or any other laws:

  (1)  Parental relative by blood within the eighth degree
  of relationship;

  (2)  Maternal relative by blood within the fourth degree
  of relationship;

  (3)  Husband's parental relative by blood within the
  eighth degree of relationship ;

  (4)  Husband's maternal relatives by blood within the
  fourth degree of relationship;

  (5)  Wife's parent;

  (6)  Spouse.

  Under the Korean Civil Code, the minor children in question

thus are bound to reside in the place designated by their father.

However, if the place of abode designated by the father is improper

or the minor childrens' residence there serves the interest of the

father rather than that of the children, it may constitute an abuse

-  2  -

  If abused, parental power is subject to forfeiture by

decree of the Family Court, as provided in Article 924 of the same

Code:

  Article 924.  If father or mother abuses parental power
or is guilty of gross misconduct, or there exists any other
grave reason for not allowing the father or mother to exercise
parental power, the court may, upon the application of any
of the child's relatives in accordance with the provisions
of Article 777 or of a public procurator, adjudge the forfeiture
of parental power.

Article 777.  Legal effects arising due to relationship
shall be effective upon the persons who fall under any one
of the following items unless otherwise provided in the Code
or any other laws:

  (1)  Parental relative by blood within the eighth degree
  of relationship;

  (2)  Maternal relative by blood within the fourth degree
  of relationship;

  (3)  Husband's parental relative by blood within the
  eighth degree of relationship ;

  (4)  Husband's maternal relatives by blood within the
  fourth degree of relationship;

  (5)  Wife's parent;

  (6)  Spouse.

  Under the Korean Civil Code, the minor children in question

thus are bound to reside in the place designated by their father.

However, if the place of abode designated by the father is improper

or the minor childrens' residence there serves the interest of the

father rather than that of the children, it may constitute an abuse

-  2  -

  If abused, parental power is subject to forfeiture by

decree of the Family Court, as provided in Article 924 of the same

Code:

  Article 924.  If father or mother abuses parental power
or is guilty of gross misconduct, or there exists any other
grave reason for not allowing the father or mother to exercise
parental power, the court may, upon the application of any
of the child's relatives in accordance with the provisions
of Article 777 or of a public procurator, adjudge the forfeiture
of parental power.

Article 777.  Legal effects arising due to relationship
shall be effective upon the persons who fall under any one
of the following items unless otherwise provided in the Code
or any other laws:

  (1)  Parental relative by blood within the eighth degree
  of relationship;

  (2)  Maternal relative by blood within the fourth degree
  of relationship;

  (3)  Husband's parental relative by blood within the
  eighth degree of relationship ;

  (4)  Husband's maternal relatives by blood within the
  fourth degree of relationship;

  (5)  Wife's parent;

  (6)  Spouse.

  Under the Korean Civil Code, the minor children in question

thus are bound to reside in the place designated by their father.

However, if the place of abode designated by the father is improper

or the minor childrens' residence there serves the interest of the

father rather than that of the children, it may constitute an abuse

- 3 -
of parental power. If it seems to be an abuse, relatives of the children or a public procurator may request that the Family Court declare forfeiture of the parental power (Article 924). 2/ Furthermore, if the father in fact, has failed to support or educate the minor children in question, such failure would constitute an abuse of parental power and a ground for an action seeking the forfeiture of the parental power.
Prepared by
Dr. Sung Yoon Cho
Senior Legal Specialist
Far Eastern Law Division
Law Library, Library of Congress
August, 1974
SYC: cmf
2/ Chu-su Kim, Chusok ch'inzok sangsokpop [Article by Article Commentary on the Law of Relatives and Succession} (Seoul, Popmunsa, 1969), p. 448.- 3 -
of parental power. If it seems to be an abuse, relatives of the children or a public procurator may request that the Family Court declare forfeiture of the parental power (Article 924). 2/ Furthermore, if the father in fact, has failed to support or educate the minor children in question, such failure would constitute an abuse of parental power and a ground for an action seeking the forfeiture of the parental power.
Prepared by
Dr. Sung Yoon Cho
Senior Legal Specialist
Far Eastern Law Division
Law Library, Library of Congress
August, 1974
SYC: cmf
2/ Chu-su Kim, Chusok ch'inzok sangsokpop [Article by Article Commentary on the Law of Relatives and Succession} (Seoul, Popmunsa, 1969), p. 448.- 3 -
of parental power. If it seems to be an abuse, relatives of the children or a public procurator may request that the Family Court declare forfeiture of the parental power (Article 924). 2/ Furthermore, if the father in fact, has failed to support or educate the minor children in question, such failure would constitute an abuse of parental power and a ground for an action seeking the forfeiture of the parental power.
Prepared by
Dr. Sung Yoon Cho
Senior Legal Specialist
Far Eastern Law Division
Law Library, Library of Congress
August, 1974
SYC: cmf
2/ Chu-su Kim, Chusok ch'inzok sangsokpop [Article by Article Commentary on the Law of Relatives and Succession} (Seoul, Popmunsa, 1969), p. 448.- 3 -
of parental power. If it seems to be an abuse, relatives of the children or a public procurator may request that the Family Court declare forfeiture of the parental power (Article 924). 2/ Furthermore, if the father in fact, has failed to support or educate the minor children in question, such failure would constitute an abuse of parental power and a ground for an action seeking the forfeiture of the parental power.
Prepared by
Dr. Sung Yoon Cho
Senior Legal Specialist
Far Eastern Law Division
Law Library, Library of Congress
August, 1974
SYC: cmf
2/ Chu-su Kim, Chusok ch'inzok sangsokpop [Article by Article Commentary on the Law of Relatives and Succession} (Seoul, Popmunsa, 1969), p. 448.- 3 -
of parental power. If it seems to be an abuse, relatives of the children or a public procurator may request that the Family Court declare forfeiture of the parental power (Article 924). 2/ Furthermore, if the father in fact, has failed to support or educate the minor children in question, such failure would constitute an abuse of parental power and a ground for an action seeking the forfeiture of the parental power.
Prepared by
Dr. Sung Yoon Cho
Senior Legal Specialist
Far Eastern Law Division
Law Library, Library of Congress
August, 1974
SYC: cmf
2/ Chu-su Kim, Chusok ch'inzok sangsokpop [Article by Article Commentary on the Law of Relatives and Succession} (Seoul, Popmunsa, 1969), p. 448.