성년후견제도의 현황과 과제

Abstract

Revised Civil Code which introduced the adult guardianship system has been enforced(July 1, 2013) is made from two-and-a-half years. Adult guardianship system was social system which has been protected in isolation from the incapacitated person when, or difficult person is unable to perform its own decision. Then now, proudly in the decision-making as a subject of rights, when decision-making is difficult, receive the support of the adult guardian. In this paper, respect for the background and the right of self-determination of the adult guardianship system, the use of the remaining capacity, whether such normalization philosophy is implemented well, we must look carefully future continue. Use the number of adult guardianship system has not increased rapidly, but has been increasing steadily, still many cases relatives have been appointed to the guardian, in the adult guardianship is overwhelmingly many circumstances is in the kind of guardianship is there. that adult guardianship laws have not yet been developed, for example, the provisions of the disqualification provisions and special exception to relatives, such as involuntary hospitalization on the Mental Health Act it must be made as soon as possible amendments to suit the spirit of the adult guardianship system. And, adult guardianship in relation to the Convention on Human Rights of the United Nations for persons with disabilities, not the decision-making agency, was to be done in decision support, it was studied measures for that purpose. Adult guardianship system is, as the challenges to our preferably fixed on the society, first, consumers there must be a system which is easy to use. A challenge for this, because the guidance is performed for a long period of time the guardian types except special guardianship, was to be performed the lower guardian of long-term planning due to this, the academic, the system of adult guardianship legislation it must be of, socialization of guardianship so can not assume made guidance in the family because it is inevitable, there is also the same problem as the third party guardian of the training of quality.