행위무능력자제도에 대한 검토

Abstract

Now Korea is faced with an aging society and will be becoming aged society more rapidly compared other countries. Aged people and mentally handcapped persons who need property management and care will increase rapidly. The current korean civil code fails to provide legal consideration to protect such aged people and mentally handcapped persons. To korean civil code, there is a minor, quasi-incompetent, incompetent, with the incompetent person system. Nothing it will increase and it will cut and the gist which it is providing the hazard which relieves the proof difficulty of doctor nothing ability stands the judgement of opinion and this profit and will be insufficient and it will cut and the hazard which it protects stands the opinion is opposed. The primary purpose of the incompetent person system is to protect incompetent person oneself, actuality the incompetent person sample the protection compared to rather before being a guardian, with the line box like the system for the guardian is a side which is operated. The current guardianship is difficult to protect aged people and mentally handcapped persons. Consequently, There is to a situation which will prepare new legislation of protecting aged people and mentally handcapped persons. It will need to care about the following points - respect of self determination right, utilization of remained capacity, nomalization etc.