독일 성년후견제도의 개정과정과 한국법에의 시사

Abstract

Betreuungsrecht(Adult Guardianship Law) in Germany has been revised four times since 1992. There are many reasons in revising the incompetency system in German Civil Law, such as disaccordance with the basic ideology of the modern law, the advent of aged society, etc. However, in the 21st century, Betreuungsrecht is being revised continuously for the purpose of converging on the idea of the social welfare state. At first, the German legislature focused on taking off their old clothes(Entmündigungsrecht) and wore a new dress(Betreuungsrecht). Recently, they are trying to make a perfect fit, that is, they are revising Betreuungsrecht in detail for putting teeth in the effectiveness on practicing the adult guardianship system. The Korean legislature revised the incompetency system for keeping pace with the times, and the new adult guardianship system was enforced on July 1st of this year. It is time to scrutinize the Korean adult guardianship system, because many countries adopted the adult guardianship system have noticed that there are many problems in practicing the adult guardianship system in these days, and solved the problems of the system in itself. This paper insisted that the systems between Korea and Germany are much similar. Therefore, it requires further checkup on what/how different/similar it is. And then, we need to check causes of the revision of the German system. It may be useful for us to practice our adult guardianship system. Thus we can solve and take measures.