후견인의 요양, 감호의무에 관한 고찰 - 개정전 일본 민법의 해석론과 성년후견을 중심으로 -

Abstract

It is very difficult to delimit the duty of care of a guardian. As we know, the meaning of § 974 in Korean Civil Law is not the duty of caring a ward's personal affairs but the criteria of defining guardian's duties of due care in managing assets. Presupposing the idea of normalization, the author thinks that the meaning of § 974 has to be changed into something stressing the duty of caring a ward's personal affairs today. Though it is hard for guardian to classify an act in fact and legal act in doing his duty, caring a ward's personal affairs should include to care a ward's not only legal act but also act in fact. Accordingly in Chapter Ⅱ, the author described real nature of a guardian's duty of care referring to analysis of Japanese Civil Law. And Chapter Ⅲ shows problems on the guardian's duty of care in care and control system. In conclusion, the author considered a guardian's duty of care from a different angle, and would like to emphasize that the core of an guardian's duty of care should be to care a ward's personal affairs.