Parental rights refer to the status and property rights and obligations that parents have toward their minor children.

The father or mother exercising parental authority becomes the legal representative of the minor child and exercises parental authority. The main details are as follows.

• Right and duty to protect and educate children (Civil Code Article 913)
• The right to designate a place of residence for a child (Article 914 of the Civil Act)
• The right to manage unique property acquired by a child in his or her name (Article 916 of the Civil Act)
• Right of representation for legal acts regarding children's property (Article 920 of the Civil Act)

When parents are married, parental authority is jointly exercised by them, and when divorced, a person with parental authority must be designated (Civil Act Article 909, Paragraphs 2 to 5).

In the case of a divorce by agreement, the couple must agree to designate a person with parental authority. If they cannot agree or cannot reach an agreement, the family court appoints a person with parental authority ex officio or at the request of the parties. In the case of a judicial divorce, the family court determines the person with parental authority ex officio.

Even after a person with parental authority has been designated, if it is necessary for the child's welfare, the family court may change the person with parental authority upon the request of a relative within the child's fourth degree.

Parenting refers to raising and teaching a minor child under one's protection, and custody refers to a parent's right to make decisions regarding matters necessary for the upbringing of such child.

When a couple is married, they can exercise joint custody, but in the case of divorce, it is necessary to designate a guardian.

In the case of divorce, the couple must agree to decide matters related to child custody (decision of caregiver, burden of child support, whether to exercise interview rights and how to do so), and if agreement cannot be reached or no agreement is reached, the Family Court decides matters related to child custody ex officio or at the request of the parties.

Even after matters related to child custody are decided, if it is necessary for the welfare of the child, the Family Court may change the matters related to child custody ex officio or at the request of the father, mother, child, and prosecutor.

Parental rights refer to the right to determine matters related to a child's status and property, but custody is the right to raise and educate a minor child under the protection of parents, so parental rights can be said to be a more comprehensive concept than custody.

In the case of divorce, one or both parents can be designated as one or both parents, or the guardians and guardians can be designated differently. Usually, parental authority and caregivers are designated together, but if they are designated differently, the effect of parental authority extends only to parts excluding custody.