한·일 노인학대 관련 법률에 대한 비교 연구

Abstract

The present study aimed at getting some implications for prevention of elder abuse in Korea by comparing the elder abuse prevention law of Japan and the law of elders’ welfare of Korea. This paper tries to come up with ways to improve laws related to elder abuse, focusing on the law of elders’ welfare that among domestic laws, states most specifically precautions and prevention of elder abuse. First, there should be countermeasures more specific and effective than current legislations, by a new separate stipulation written on prevention of elder abuse so that it could support the guardian in preventing elder abuse and recurrence of abuse cases. Second, there should be specific standard of age and the definition of elder abuse for prevention of and countermeasures against elder abuse. Third, the scope of the persons bound in duty to give the notification of elder abuse should be expanded. National campaign should take initiative in cultivating the sense of duty to report elder abuse to the government agencies in charge as well as civic consciousness regarding protection of elders’ rights and prevention of abuse. Fourth, the responsibilities of the national and local governments should be clearly defined. Fifth, there should be instruction and support for the actual perpetrator of abuse (the abuser).