개정민법 규정으로 본 성년후견제도의 입법적 검토와 비판

Abstract

The provisions that are put into effect with the Amendment of the Korean Civil Code on February 18, 2011 seem unfit at the time of legislative process due to their struggle to protect the possibility for self-determination of disabled about their personal affairs. As a result, the legislation leads the Amendment into a conundrum. For the legal interpretation, the wording of each provision possesses the primary authority, followed by the system and construction of the provisions. The wording in Amendment, however, fails to fully disclose the legislative purposes. Furthermore, the legislators' intent is not principally considered. The Amendment, due to its ambiguity, incompleteness, complexity, and lack of harmony, is difficult to decipher and it is thus a challenge to prognosticate the results of its application. In conclusion, the Amendment can be described from the view of whole system of Korean Civil Code as a failed and unsuccessful legislation that should be revised in the near future.