高齡化 社會에서의 成年後見에 관한 硏究

Abstract

Korean Civil Law system needs a newly revised guardianship regime for adults in light of its legal background, title, standards, and so on. Particularly, the new guardianship regime for adults, in respect of their own personalities, should be improved to guarantee the right of self-determination, make full use of residual abilities and realize one's life. In addition, a new regime should be introduced to protect the aged more thoroughly. In this paper, I propose that the new guardianship regime for adults, based on pluralism, be classified into two types of guardianship for adults and complement to them, but the former apply to the non compos mentis while the latter to the mentally and physically handicapped persons lacking in judgment. However, I think it would be better to revise the present provisions regarding the incompetents in Civil Law, rather than enact another new one. Additionally, public announcement in the new regime should be entered only in the part of personal information register of the existing family relations register in order to prevent its abuse. To conclude, it is desirable to introduce and enforce the new guardianship regime after fulfilling all the conditions necessary for the operation of the regime, such as proper organization, enough funds and relevant procedure. In particular, in my opinion, the guardianship in the aging society should focus on the protection of the aged more thoroughly. To accomplish this purpose of the regime, it is indispensable to cultivate guardians for the adults more systematically with political consideration and concern at national level.