노인의 주거복지를 위한 독일의 ‘주거요양계약법(WBVG)’에 관한 법제 연구

Abstract

For the elderly, housing and care services are unavoidable factors, and they will need elderly-friendly living environments and care services. In Korea, the number of elderly people is increasing too, and accordingly, the demand for residential care facilities for the elderly, such as Silver Towns, is increasing. However, it is difficult to find the application of current regulations that take into account the regulations of older consumers. In almost all countries with an aging society, the conditions for mutual termination of residential and nursing homes are also a challenge that needs to be solved. In this regard, Germany regulates contracts between entrepreneurs and older consumers, with regard to the types of contract to be protected by law, the obligation to provide information before the contract is concluded, the conditions for termination by entrepreneurs and consumers and contract adjustments in the event of a change in the need for care or support in the 'Housing and Care Contract Act (WBVG)'. In comparison with German WEVG, Korean legislators should also consider and implement regulations to protect older consumers. In particular, the current deposit requirement is too high, which overwhelms older consumers. Although their legal nature is only granted against responsibility for security In the long run, of course, it will be necessary to pass a specific law that meets the special circumstances of older consumers, but the process of passing and revising the law is complicated and takes a lot of time. Therefore, the elderly are expected to receive appropriate care in a suitable space and be protected by providing at least terms and conditions to the elderly to solve the urgent problems of residential elderly care institutions, such as silver towns, and keep in check any side effects.