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Civil Act — Article 909-2 (Designation of person of parental authority)

민법 제909조의2

(1) If a parent designated as the sole person of parental authority under Article 909(4) through (6) has died, the surviving father or mother, the minor, or any of the minor's relatives may request the Family Court to designate the surviving father or mother as a person of parental authority, within one month after becoming aware of such fact or within six months from the date of death.

(2) If the adoption has been annulled or dissolved, or if both adoptive parents have died, one or both natural parents, the minor, or any of the minor's relatives may request the Family Court to designate one or both natural parents as a person or persons of parental authority, within one month after becoming aware of such fact or within six months from the date on which the adoption has been annulled or dissolved or both adoptive parents have died; provided, the same shall not apply where both adoptive parents of the fully adopted child have died.

(3) If no request for designation of a person of parental authority has been made within the period prescribed in paragraph (1) or (2), the Family Court may appoint a guardian of the minor either ex officio or upon the application of the minor, any of the minor's relatives, an interested person, a public prosecutor or the head of a local government. In such cases, he or she shall be given an opportunity to state his or her opinions unless the whereabouts of the surviving father or mother or one or both natural parents are unknown or where he or she fails to respond to a summon without any justifiable ground.

(4) The Family Court may reject the request for designation of a person of parental authority under paragraph (1) or (2) or for appointment of a guardian under paragraph (3), if such request is deemed inappropriate for the welfare of the minor, taking into consideration the intent and competence of the surviving father or mother or one or both natural parents for fostering the minor, motives of such request, intent of the minor and other circumstances. In such cases, the Family Court may appoint ex officio a guardian of the minor or designate the surviving father or mother or one or both natural parents as a person or persons of parental authority.

(5) The Family Court may appoint a person to perform the duties of the person of parental authority or guardian of the minor until the person of parental authority is designated or the guardian of the minor is appointed under paragraph (1) through (4), either ex officio or upon the application of the minor, any of the minor's relatives, an interested person, a public prosecutor or the head of a local government in any of the following circumstances. In such cases, Articles 25 and 954 shall apply mutatis mutandis to a person to perform such duties:

1. Where a sole person of parental authority has died;

2. Where the adoption has been annulled or dissolved;

3. Where both adoptive parents have died.

(6) Even if the guardian of a minor has been appointed under paragraph (3) or (4), the Family Court may terminate the guardianship upon the application of the surviving father or mother, one or both natural parents, or the minor, if necessary for the welfare of the minor, taking into consideration the situation of the minor's fostering, the changes in the competence for fostering the minor after the appointment of the guardian of the minor, the intent of the minor, and other circumstances, and designate the surviving father or mother or one or both natural parents as a person or persons of parental authority.[This Article Added on May 19, 2011]

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