What is parental authority?

What is parental authority?

“Parental rights” are the status and property rights and obligations that parents have toward their minor children.

  • Article 2 of the Civil Act: Effect of parental authority

  • Article 913 (Right and duty of protection and education) Those with parental authority have the right and duty to protect and educate their children.

  • Article 914 (Right to designate residence) The child must reside at a place designated by the person with parental authority.

  • Article 916 (Person's unique property and its management) Property acquired by a person in his/her own name shall be considered his/her own property and shall be managed by the person with parental authority who is the legal representative.

In other words, the core effects of parental rights can be seen as the right to designate a place of residence and the right to manage property.
When parents are married, they jointly exercise parental authority.
However, after divorce, parental rights must be re-determined through the family court.
Parents jointly or wife/husband only. You will decide between these three.

Where is the person with parental authority displayed?

When parents are married, parental rights are not indicated anywhere.
However, if parents divorce, the person with parental authority will be indicated on the minor child's "basic certificate."
In contrast, custody is not a right that appears in court documents.

This is a procedure in accordance with Korean law.
For foreigners, detailed procedures may vary. Please chat or email for specific details.

Are there any legal issues involved?

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