새로운 성년후견제 도입을 위한 민법개정안의 검토

Abstract

The judicial interdiction or judicial limited interdiction of the Korea Civil Code has been criticized for the neglect of the possibility for self-determination of the intellectually disabled and the defectiveness in protecting them about their personal affairs. The new adult guardianship system with the three types of judicial protection(guardianship for adults, limited guardianship, specific guardianship) and contract of the guardianship for amendment of the Korean Civil Code has been proposed by government, in order to help the intellectually disabled for self-determination and to support them about the personal affairs, such as the consent for the intellectually disabled to be operated, which might be the cause for death or serious damage. The purpose of this study is to examine the construction and the practical problems of the new adult guardianship system that would be effective in the near future. This study results in several main conclusions. First, it is desired for the supervisor of the adult guardian to be appointed all the time in judicial protection system. Second, the guardian in the contract of guardianship may be granted not only the representative authority but also the right to consent and revoke the legal act by the intellectually disabled. also the judicial protection and the contract of the guardianship may have an effect simultaneously.