노인학대에 관한 법정책적 연구

Abstract

A Study on Current Legal System of Elder Abuse Seon-Hyub Kim Professional Researcher, The Institute Comparative Law and Legal Culture Dongguk University The abuse of elders who violates the human rights of the elderly in association with the increase of the elderly population is continuously increasing, which is a social problem. Laws currently punishing elder abuse include the Elderly Welfare Act, the Criminal Code, the Special Act on the Punishment of Domestic Violence Crimes, and the Act on the Prevention of Domestic Violence and Victim Protection. However, the current law to which elder abuse is applied consists only of regulation and punishment in the legislative system, and it is not effective to cope with elder abuse because it is not specified and subdivided by legislative technology. Therefore, in order to effectively deal with elder abuse, a field of elder human rights, it was necessary to discuss legal policy for improving the current legislation of elder abuse. In this paper, we examined the legislative direction in terms of legislative system and legislative technology in terms of elder abuse. The special legislation related to the abuser or victim of elder abuse not only mimics the existing system and regulations of the old man's welfare law, but also does not have more detailed and detailed rules. In addition, it is considered that raising only relevant punishment provisions does not properly understand the characteristics of family crimes that occur among families in relation to elder abuse. Although the special law should have meaning and existence as a special law, the question is whether the special law enactment, which is one of the abusers or victims of elder abuse, is a fundamental countermeasure against elder abuse. The recently enacted special law enacts the system and regulations of the current Elderly Welfare Act as it is, thus raising the issue of double legislation and double legislation. Therefore, I would like to propose the following legislative direction. First of all, the second legislation, the second legislative bill, recently proposed a special law (special bill on the punishment of crimes for abused senior citizens, bill for the support of elderly victims of abuse, and protection of the rights and support of the victims of abused elders). In view of this, we propose the view that the legislation of the special law needs to considerably add to the regulations with the system and regulations covering elder abuse victims and perpetrators. Therefore, the legislative method of initiating and enacting a separate government bill that comprehensively replaces the three bills would be justified in terms of legal unity. The first measure, the best, is that the Elderly Welfare Act has been operated as a parental law on the prevention and eradication of elder abuse, and suggests that it is necessary to specify and refine the relevant regulations through complementary legislation on the existing Elderly Welfare Act. The following support the view on complementary legislation on the First Welfare Act on the Aged Welfare Act and reviewed some regulations. First, the necessity of expanding the subjects of criminal abuse and the abuse related to elder abuse, and the second, the necessity of expanding the manpower dedicated to elder abuse and the use of dedicated shelter, and third, the elderly We have thoroughly examined the necessity of implementing anti-abuse prevention measures and introducing a protection order system, and the fourth, the necessity of installing CCTVs for elderly nursing homes and the necessity of activating emergency telephones. It is expected to have a positive effect on the prevention and reduction of elder abuse. I hope these suggestions will be actively reflected in the policy.