법정후견 사례 분석을 통한 임의후견의 이용 및 활성화 방안

Abstract

In the revised Korean Civil Law on March 7, 2011, an adult guardianship system was introduced to realize the respect of self-determination rights, the utilization of residual capabilities, and the ideology of normalization. The adult guardianship system is divided into court guardianship and voluntary guardianship contracts between guardians and guardianship recipients, among which all or part of their property management and personal protection affairs are entrusted to others and appointed a voluntary guardian. With Korea's entry into the ultra-aged society soon and the number of mentally disabled and disabled people such as dementia continuously increasing, the use and activation of voluntary guardianship can be a way to faithfully realize the ideology of private autonomy and self-determination. Accordingly, The purpose of this study is to examine the cases related to voluntary guardianship among the cases of legal guardianship in which The Korean Support Center for Guardianship System was appointed as an expert guardian, and to derive a plan for using and activating voluntary guardianship through the analysis. As a proposal to promote the use of voluntary guardianship, efforts are required to improve accessibility of potential users and usability through system improvement. It is necessary to accompany the role of a notary public in relation to the problem of medical ability, conclusion of a guardianship contract through a representative of an adult with a disability, and use of a guardianship trust.