임의후견제도 개선에 관한 고찰

Abstract

The adult guardianship system took effect from the 1 of July, 2013. As it has been taken after discussing much about introduction of the system, there is much expectation of it; on the other hand, there is much consideration if it would reach stable condition because it has been taking without prior preparations before enforcing it. Of course, as all laws have to be articulated through an amendment because they couldn’t be perfect, I think that the adult guardianship system would be articulated too. In this way, this author hopes that this article would contribute to articulate the adult guardianship system. The adult guardianship system can be primarily divided into a legal guardianship and an voluntary guardianship in Korea. This paper is focused on the voluntary guardianship. There are many suggestions from the academic world and business circles surrounding the voluntary guardianship in Japan which launched established the adult guardianship system 10years than Korea. There are some suggestions to improve the system for every problems that has happened during the enforcement in Japan, and they would be a helpful lesson to korea's voluntary gurdianship system which has been starting now. Therefore, this paper comparatively examined which implications the voluntary guardianship in Korea could get, based on the suggestions the problems which happened during the enforcement of the voluntary guardianship in Japan.