남북한 후견제도의 변천과 그 접근가능성

Abstract

The system of wardship is freestanding not only in the Civil Code, but also in the Family Law of South and North Korean Civil Law, and has shown great changes. Hence, this thesis first looks into how the guardianship system of South and North Korea has been changed, then moves into the main point of difference around our revised civil law and the Family Law of North Korea The guardianship system of South and North Korea has undergone a great change due to amendment of the Civil Law and the Family Law. Particularly, in our case, the system of wardship for an incompetent and a quasi-incompetent,as an incompetent system, which has been dealt most rarely, is repealed from July 1. 2013 and the guardianship system will be newly treated by adult guardianship, limited guardianship and particular guardianship, also, the standard of the minority guardianship will undergo a change in accordance with the legal age which is lowered to 19 from 20. Above this, alternations are shown a lot such as practice of arbitrary guardianship by a guardianship contract and introduction of the system of supervisor over guard. Compared to this, North Korea’s system of wardship covers only the minor and the physical handicapped, the legal age which becomes the standard for the guardianship is 17 and doesn’t include the contents of the system of wardship of our revised Civil Law so is simple, and has a strong inclination of politics. After unification, it will be needed for our guardianship system to be applied extended in North Korea as it stands. Thus, the matter in arbitration of difference in legal age and of application of the adult guardianship system to a handicapped, who was pronounced as an incompetent according to the law of North Korea, must be examined.