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Ⅰ. 서 론 ················································································································· 1
1. 연구의 필요성 및 목적 ······························································································ 3
2. 선행연구 ······················································································································ 9
3. 연구 방법 ·················································································································· 23
Ⅱ. 해외입양 제도와 인권 ··············································································· 31
1. 해외입양에 관한 국제인권규범 ············································································· 33
1) 유엔아동권리협약 ·················································································· 33
2) 헤이그국제입양아동협약 ······································································· 37
3) 유엔총회결의안: 아동의 대안 양육에 관한 지침 ······························· 41
2. 요약과 시사점 ········································································································· 43
Ⅲ. 해외입양 인권침해에 대한 해외 국가조사 ·············································· 45
1. 해외입양 수령국의 조사 ························································································ 47
2. 해외입양 송출국의 조사 ·························································································· 61
3. 요약과 시사점 ··········································································································· 67
Ⅳ. 국내 해외입양 제도의 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 아동인권 침해 관행 ·························································· 87
1) 전쟁고아의 해외입양 ············································································· 88
2) 고아호적 관행 ························································································ 89
3) 대리입양 관행 ························································································ 90
4) 입양의 산업화 ························································································ 91
4. 헌법과 국제인권규범에 비춰 본 해외입양 법 제도의 문제 ································· 93
1) 아동 최선의 이익 원칙 위반 ································································ 93
2) 원가정 양육 우선의 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
2) 친생부모 ······························································································· 157
3) 해외입양 관련 실무자 ········································································· 197
2. 양적 연구결과 ········································································································· 229
VI. 정책 제언 ························································································· 267
1. 해외입양 관련 법제도의 개선방안 ········································································ 269
2. 과거 불법적인 해외입양에 대한 국가의 책임 ······················································· 278
참고문헌 ·············································································································· 282
부록: 양적조사 해외입양인 온라인 설문지 ·················································· 292
