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노인복지법상 노인학대 신고의무제의 주요쟁점 고찰

Major Issues about Mandatory Reporting of Elder Abuse

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Although mandatory reporting is a newly established policy intervention to address elder abuse, little research addresses factors promoting or inhibiting reporting. The extent to which the reporting process may actually discourage reporting is also understudied. The purpose of this study is to place mandatory reporting of elder abuse within its wider scholarly context and discuss major issues by way of reviewing relevant literature. The results indicate that: potential benefits of mandatory reporting laws include protecting the elder and removing from mandated reporters the responsibility of deciding whether to report suspected incidents; potential disadvantages, however, are that mandatory reporting may put abused elders at increased risk, diminish patient autonomy, and compromise worker-client confidentiality. It is concluded that, although reporting of elder abuse has increased over recent years, there are still problems relating to the protection of vulnerable elderly people. A number of recommendations are made.

Abstract

Although mandatory reporting is a newly established policy intervention to address elder abuse, little research addresses factors promoting or inhibiting reporting. The extent to which the reporting process may actually discourage reporting is also understudied. The purpose of this study is to place mandatory reporting of elder abuse within its wider scholarly context and discuss major issues by way of reviewing relevant literature. The results indicate that: potential benefits of mandatory reporting laws include protecting the elder and removing from mandated reporters the responsibility of deciding whether to report suspected incidents; potential disadvantages, however, are that mandatory reporting may put abused elders at increased risk, diminish patient autonomy, and compromise worker-client confidentiality. It is concluded that, although reporting of elder abuse has increased over recent years, there are still problems relating to the protection of vulnerable elderly people. A number of recommendations are made.

참고문헌 (19)

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  2. 방희명, "노인학대 개입에 관한 연구", 박사, pp.2007
  3. 보건복지부, "가족갈등이 노인학대를 부른다.(2008. 6. 9일자 보도자료: 노인지원과), 2008", ~ (2008)
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  10. Loue, S., "Elder Abuse and Neglect in Medicine and Law", Journal of Legal Medicine, 22 (2001)
  11. McCreadie, C., "Introduction: The Issues, practice and policy in: Old Age Abuse: A New Perspective" (1994), Chapman and Hall
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  13. Payne, B. K., "Crime and Elder Abuse" (2005), Thomas Publisher, Ltd
  14. Penhale, B., "Considerations for Practice in: Old Age Abuse: A New Perspective" (1994), Chapman and Hall
  15. Rodriguez, M. A., "Mandatory Reporting of Elder Abuse: Between a Rock and a Hard Place", Annals of Family Medicine, 4(5) (2006)
  16. "The Elder Abuse Prevention and Caregiver Support Law in Japan"[URL]
  17. Wei, G. S., "Reporting Elder Abuse: A Medical, Legal, and Ethical Overview", Journal of the American Medical Women's Association, 59 (2004)
  18. Williams, J., "Public Law Protection of Vulnerable Adults", Journal of Social Work, 2(3) (2002)
  19. Wolf, R. S., "Major Findings from Three Model Projects on Elderly Abuse in: Elder Abuse: Conflict in the Family" (1986), Auburn House Publishing Company

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