해외입양인 인권상황 실태조사를 통한 인권보장 방안 연구
목차
Ⅰ. 서론 ···················································································································· 1
1. 연구 필요성과 목적 ···································································································· 3
1) 연구 필요성 ··········································································································· 3
2) 연구 목적 ··············································································································· 8
2. 선행연구 ······················································································································ 9
1) 해외입양 실태와 증감 추이 ················································································ 9
2) 해외입양인의 정체성과 심리사회적 문제에 관한 문헌과 연구 ······················ 10
3) 해외입양체계와 절차, 제도의 문제에 관한 문헌과 연구 ································ 12
4) 해외입양인의 인권침해 관련 문헌과 연구 ······················································· 15
5) 유엔과 국가 차원의 정책과 조사연구 보고서 ·················································· 20
3. 연구 방법 ·················································································································· 23
1) 해외입양인 인권침해 대응동향 파악단계 ························································· 24
2) 해외입양인 인권침해 실태 파악단계 ································································· 25
Ⅱ. 국제규범에 비춰 본 해외입양 제도 ···························································· 31
1. 해외입양에 관한 국제인권규범 ··············································································· 33
1) 유엔아동권리협약 ································································································ 33
2) 헤이그협약(헤이그국제입양아동협약) ······························································ 37
3) 유엔총회결의안: 아동의 대안양육에 관한 지침 ··············································· 41
4) 국가간 불법 입양에 관한 공동성명서 ······························································· 42
2. 요약과 시사점 ··········································································································· 43
Ⅲ. 해외입양 인권침해에 대한 해외 국가조사 ·············································· 45
1. 해외입양 수령국의 조사 ·························································································· 47
1) 네덜란드 국가조사 보고서 ················································································· 47
2) 덴마크 국가조사 보고서 ··················································································· 54
3) 스위스 국가조사 보고서 ····················································································· 58
2. 해외입양 송출국의 조사 ·························································································· 61
1) 칠레 국가조사 보고서 ························································································· 61
3. 요약과 시사점 ··········································································································· 67
Ⅳ. 국내 해외입양제도의 특징과 변천, 국가의 책임 ··································· 69
1. 과거 권위주의 정권의 해외입양정책 ······································································ 71
1) 이승만 정권의 해외입양정책 ·············································································· 71
2) 박정희 정권의 해외입양정책 ·············································································· 72
3) 전두환 정권의 해외입양정책 ·············································································· 75
2. 입양 관련 국내법의 변천 ······················································································· 77
1) 입양특례법의 변천 ······························································································ 80
2) 민법상 입양제도의 변천 ····················································································· 84
3. 과거 해외입양 절차상 아동 인권침해 관행 ··························································· 87
1) ‘전쟁고아’의 해외 입양 ······················································································ 88
2) ‘고아 호적’ 관행 ································································································· 89
3) ‘대리입양’ 관행 ································································································· 90
4) 입양의 ‘산업화’ ··································································································· 91
4. 국제인권규범에 비춰 본 해외입양 법·제도의 문제: 아동인권과 국가 책무를 중심으로··· 93
1) 아동 최선의 이익 원칙 위반 ············································································· 93
2) 원가정 양육 우선 원칙 위반 ············································································· 94
3) 입양의 공적 책임 원칙 위반 ············································································· 96
4) 정체성을 알 권리의 침해 ··················································································· 97
5. 요약과 시사점 ··········································································································· 99
Ⅴ. 해외입양인 인권침해 사례 유형과 실태 ·················································· 101
1. 질적 연구결과 ········································································································· 103
1) 해외입양인 ······································································································· 103
(1) 연구참여자 특성 ························································································· 103
(2) 주요 질문 ···································································································· 105
(3) 조사 결과 ···································································································· 106
(4) 요약과 시사점 ····························································································· 152
2) 해외입양 친생부모 ···························································································· 157
(1) 연구참여자 특성 ························································································· 158
(2) 주요 질문 ···································································································· 159
(3) 조사 결과 ···································································································· 162
(4) 요약과 시사점 ····························································································· 195
3) 해외입양 관련 실무자 ······················································································· 197
(1) 연구참여자 특성 ························································································· 197
(2) 주요 질문 ···································································································· 198
(3) 조사 결과 ···································································································· 201
(4) 요약과 시사점 ····························································································· 227
2. 양적 연구결과 ········································································································· 229
1) 일반적 특성 ······································································································· 229
2) 주요 변수 분석 결과 ························································································ 235
3) 요약과 시사점 ···································································································· 262
Ⅵ. 정책 제언 ······································································································ 267
1. 해외입양 관련 법·제도의 개선방안 ······································································ 269
2. 과거 불법적인 해외입양에 대한 국가의 책임 ····················································· 278
참고문헌 ··············································································································· 282
부록: 해외입양인 온라인 설문지 ····································································· 292
목차
Ⅰ. 서론 ···················································································································· 1
1. 연구 필요성과 목적 ···································································································· 3
1) 연구 필요성 ··········································································································· 3
2) 연구 목적 ··············································································································· 8
2. 선행연구 ······················································································································ 9
1) 해외입양 실태와 증감 추이 ················································································ 9
2) 해외입양인의 정체성과 심리사회적 문제에 관한 문헌과 연구 ······················ 10
3) 해외입양체계와 절차, 제도의 문제에 관한 문헌과 연구 ································ 12
4) 해외입양인의 인권침해 관련 문헌과 연구 ······················································· 15
5) 유엔과 국가 차원의 정책과 조사연구 보고서 ·················································· 20
3. 연구 방법 ·················································································································· 23
1) 해외입양인 인권침해 대응동향 파악단계 ························································· 24
2) 해외입양인 인권침해 실태 파악단계 ································································· 25
Ⅱ. 국제규범에 비춰 본 해외입양 제도 ···························································· 31
1. 해외입양에 관한 국제인권규범 ··············································································· 33
1) 유엔아동권리협약 ································································································ 33
2) 헤이그협약(헤이그국제입양아동협약) ······························································ 37
3) 유엔총회결의안: 아동의 대안양육에 관한 지침 ··············································· 41
4) 국가간 불법 입양에 관한 공동성명서 ······························································· 42
2. 요약과 시사점 ··········································································································· 43
Ⅲ. 해외입양 인권침해에 대한 해외 국가조사 ·············································· 45
1. 해외입양 수령국의 조사 ·························································································· 47
1) 네덜란드 국가조사 보고서 ················································································· 47
2) 덴마크 국가조사 보고서 ··················································································· 54
3) 스위스 국가조사 보고서 ····················································································· 58
2. 해외입양 송출국의 조사 ·························································································· 61
1) 칠레 국가조사 보고서 ························································································· 61
3. 요약과 시사점 ··········································································································· 67
Ⅳ. 국내 해외입양제도의 특징과 변천, 국가의 책임 ··································· 69
1. 과거 권위주의 정권의 해외입양정책 ······································································ 71
1) 이승만 정권의 해외입양정책 ·············································································· 71
2) 박정희 정권의 해외입양정책 ·············································································· 72
3) 전두환 정권의 해외입양정책 ·············································································· 75
2. 입양 관련 국내법의 변천 ······················································································· 77
1) 입양특례법의 변천 ······························································································ 80
2) 민법상 입양제도의 변천 ····················································································· 84
3. 과거 해외입양 절차상 아동 인권침해 관행 ··························································· 87
1) ‘전쟁고아’의 해외 입양 ······················································································ 88
2) ‘고아 호적’ 관행 ································································································· 89
3) ‘대리입양’ 관행 ································································································· 90
4) 입양의 ‘산업화’ ··································································································· 91
4. 국제인권규범에 비춰 본 해외입양 법·제도의 문제: 아동인권과 국가 책무를 중심으로··· 93
1) 아동 최선의 이익 원칙 위반 ············································································· 93
2) 원가정 양육 우선 원칙 위반 ············································································· 94
3) 입양의 공적 책임 원칙 위반 ············································································· 96
4) 정체성을 알 권리의 침해 ··················································································· 97
5. 요약과 시사점 ··········································································································· 99
Ⅴ. 해외입양인 인권침해 사례 유형과 실태 ·················································· 101
1. 질적 연구결과 ········································································································· 103
1) 해외입양인 ······································································································· 103
(1) 연구참여자 특성 ························································································· 103
(2) 주요 질문 ···································································································· 105
(3) 조사 결과 ···································································································· 106
(4) 요약과 시사점 ····························································································· 152
2) 해외입양 친생부모 ···························································································· 157
(1) 연구참여자 특성 ························································································· 158
(2) 주요 질문 ···································································································· 159
(3) 조사 결과 ···································································································· 162
(4) 요약과 시사점 ····························································································· 195
3) 해외입양 관련 실무자 ······················································································· 197
(1) 연구참여자 특성 ························································································· 197
(2) 주요 질문 ···································································································· 198
(3) 조사 결과 ···································································································· 201
(4) 요약과 시사점 ····························································································· 227
2. 양적 연구결과 ········································································································· 229
1) 일반적 특성 ······································································································· 229
2) 주요 변수 분석 결과 ························································································ 235
3) 요약과 시사점 ···································································································· 262
Ⅵ. 정책 제언 ······································································································ 267
1. 해외입양 관련 법·제도의 개선방안 ······································································ 269
2. 과거 불법적인 해외입양에 대한 국가의 책임 ····················································· 278
참고문헌 ··············································································································· 282
부록: 해외입양인 온라인 설문지 ····································································· 292