성년후견제도에 대한 각국의 입법과 우리나라의 그에 대한 민법개정에서의 시사점

Abstract

As aging society is advancing, caring the aged people becomes the urgent question. In these society, self-determination is respected about their disposing wealth and their revealing opinion. The sane and remained capacity must be fostered to strengthening their quality of life. In order to do that, our country prepares the system of the incompetent. But such a system is inadequate in various directions. In many prier countries such as France, England, Germany, Japan and so on, revised law of the incompetent. Instead of the system of the incompetent, the system of major guardian is prepared. In this paper, I studied various system of various countries. Through studying those system, I expressed my opinion about the necessity of introducing the useful system. Decreasing or using one’s judgment, for example senile dementia, is subjected to change according to the lapse of the time, and it seems that no one can keep his judgment unchanged. The elderly are usually losing their judgment with repeating recovery and decrease. In fact, they are declared incompetent when someone wants to obtain the status of a legal representative for the aged person’ profits. The system, therefore, are unreasonable when considering the change of one’s judgment and the actual condition. And also it must be existed a lot of juristic act which should be accompanied by one’s judgment. The attitude disregarding the legal clauses of the incompetent in the Civil Law is against the senile welfare whose basic idea is to support the elderly to maintain their daily life in our society. The quasi-incompetent, incompetent and legal guardian system is not considered suitable for medical treatment and property management of the elderly. The new system, which can support the elderly to maintain their lives voluntarily even though they are losing their capacity of judgment, has to be adopted. The main purpose of this is not only to analyze the problems found in the present senile support system, incompetent system and guardian system, but also to analyze the guardian system through the comparative method of various countries’ law. By respecting the surviving ability of the elderly, their life can be managed by far more qualitative method. The restriction of an ability by law must be minimized. The author suggests that our ability system and Guardianship in Civil Law in act should be revised sooner or later, and suggests that we should make the system of Care and Control in Civil Law by studying various system comparatively.