일본의 임의후견계약의 동향과 과제

• 영문명: The trend and problem of the voluntary guardianship contracts system of Japan
• 발행기관: 한국재산법학회
• 저자명: 오호철(O Ho-Cheol)
• 간행물 정보: 『재산법연구』재산법연구 제22권 제2호, 251~290쪽, 전체 40쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.10.01

영문 초록

According to the UN, Korea has already been an aging society. It is expected to be an aged society by 2019 and a super-aged society by 2026. Compared to the other countries, the aging speed of Korean society is tremendously fast. Consequently, the serious lawful problems related to this changing society will occur without doubt. Japan turned into an aging society at 30 years earlier than Korea, making the law to support the elders. Especially, the voluntaryguardianship contracts system was established and became effective in 1999. It basically replaced incompetent system which was previously effective in order to cope with the problems caused by the aging society and to respect and use the right of self-determination more flexibly. In case of Japan, the enhancement of the voluntary guardianship contracts resulted from the social demand of the nation. The main points ofthevoluntary guardianship contracts law are as follows. First one is the voluntary guardianship contract between a contractor and a voluntary guardian. Second one is public supervision system, which is a contract with a supervisor appointed by the family court. The family court was established to legally prevent the right misuse of voluntary guardian. The voluntary guardianship contracts system is able to diminish the anxiety of mandators by minimizing the public participation. In addition, the system is based on the contract to protect the contractors and to secure the freedom of them. Like the example of Japanese system, with the criticism about guardianship laws and incompetent system, a new legislation of adult guardianship law has been proposed in Korea. However, the amendment of civil law ended not to legislate the adult guardianship law. Regarding to the statistics on the future population of Korea, the problem of aging society should be considered to be personal and social at the same time. Even though it is a little bit late, the government established office for aged society and population policys under the Ministry of Health and Welfare to deal with the problems related to the low birth rate and aging society. Japan has operated the voluntary guardianship contracts system earlier than Korea as a method to support the elders. Korea comes into the aging society very rapidly. In this situation, this paper will analyze what the Japanese law system implies to Korean civil law.

목차

Ⅰ. 들어가며

Ⅱ. 임의후견계약의 개요

Ⅲ. 任意後見계약에서 위임 가능한 사항의 제문제

Ⅳ. 우리나라의 시사점

Ⅴ. 맺으며

참고문헌

Abstract