법조 제75권 제3호(통권 제777호) 연구논문 - 94 - ❙Abstract❙ Re-evaluating the Legal Basis of Parental Liability for Torts Committed by Minor Children - Focusing on the 2025 Legislative Reforms and Judicial Precedents in France and Belgium - 90) Park, Jun-hyeok* The diversification of modern family structures poses new challenges to the legal principles governing parental liability for the tortious acts of minors. In particular, the rise of divorced households has brought the liability of non-custodial parents(those who do not reside with their children) to the forefront of tort law debates. Under current Korean Civil Code and judicial precedents, parental liability is tied to the subjective requirement of the duty of supervision. Recently, the Supreme Court of Korea maintained logical consistency in statutory interpretation by denying the supervisory liability of non-custodial parents, unless specific circumstances allow for practical involvement in the child's life. However, this interpretation is criticized for overlooking the legal status of parents holding comprehensive authority, weakening victim protection, and imposing an inequitable burden of compensation solely on the custodial parent. This study analyzes recent legislative developments in France and Belgium, both of which have made proactive legal decisions despite facing similar dilemmas. Both countries have shifted the basis of parental liability from the ambiguous duty of supervision to the clear legal status of parental authority. Following changes in the precedents of the Court of Cassation, France amended its Civil Code (effective June 23, 2025) to remove the cohabitation requirement, imposing strict liability on any holder of parental authority regardless of residence. Similarly, Belgium’s new Law on Extra-contractual Liability (effective January 1, 2025) expanded the scope of liability by holding individuals accountable solely based on their status as holders of parental authority. * Assistant Professor, Law Track, School of Public Affairs, University of Ulsan; Ph.D. in Law
RkJQdWJsaXNoZXIy ODExNjY=