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Ⅱ. Implementation of the Convention
A. General Measures of Implementation
(Arts. 4, 42, and 44, para. 6 of the Convention)
1. Reservations
Issue 1. Article 21 Paragraph (a)
1) Current status
3. The government ratified arts. 21, para. (a) of the Convention and finalized the procedure
to withdraw the reservation(para. 3, the 5th and 6th periodic report). However, despite the
introduction of an authorization-based adoption system, there exist institutional loopholes
including the fact that foster care might take place prior to the court approval, and when the
adoption takes place pursuant to the Civil Act, adoptive parents are not screened for criminal
record.
2) Questions
4.
Does the government have a plan to modify the system for adoption?
Issue 2. Article 40 Paragraph 2 (b)(v)
1) Current status
5. The government stated that in view of the opinions that withdrawal of the reservation to
arts. 40, para. 2 (b)(v) of the Convention would be acceptable, it had plans to consider
withdrawing its reservation of the Convention (para. 4).
2) Questions
6. Please provide detailed plans for the withdrawal of arts. 40, para. 2 (b)(v). What is
needed for the withdrawal, and how has the government been responding?