성년후견감독법제에 관한 고찰

Abstract

Superintendence over the duties of guardians is separately given to executive institutions and supervising institutions in the current Korean legal system. The current legal system has guardians as guardianship executive institutions and kindred councils and family courts as guardianship supervising institutions. In other words, while the civil law has only kindred councils as supervising institutions, it gives a positive supervising power to family courts in the aspects of recognizing national positive intervention. However, there are controversies over kindred council and family court as guardianship supervising institutions since they have failed to effectively protect wards. When considering that we haven’t had opportunities enough to review the eligibility of guardians in advance, it is necessary to have a system that will strictly post supervise guardians. Furthermore, it is real that the devices that control and supervise the ways where guardians perform their duties and exercise their power have draws. On one hand, since aged population is increasing and adults who have insufficient mental abilities including dementia are increasing at this point in time when aging society is becoming aged society, the current guardianship may generate troubles among relatives. Raising a question over whether the current legal system has effective guardianship, this paper aims to present some ideas in enacting adult guardianship supervision in the future since the current adult guardianship system that includes legal and voluntary guardianships won't work effectively in this aged society.