고령화 사회의 노인보호에 대한 법적 고찰

• 영문명: Legal Study on the Protection of the Aged in an Aging Society
• 발행기관: 한국가족법학회
• 저자명: 권정희(Jung-hee Kwon)
• 간행물 정보: 『가족법연구』家族法硏究 第20卷 1號, 393~414쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.03.01

영문 초록

  The status of the aged has changed by their controllable resources, functions and social structure in the industrial society. Weakness of productivity, property and control power, family traditional link, mutual dependence, and public relationship caused by urbanization makes the position of the aged attenuate. On the other hand, dramatic changes in product system, development of medical treatment and health technology, urbanization, and popularization of education have also changed the social position of the aged.
  (1) Taking a new lease on life and increasing of the aged population become possible by development of medical treatment and health technology.
  (2) Changes on production technology and system lead to the decline of birth rate and labors. The aged can not compete with other generations. Even though there are new job opportunities, they will be ignored because of the lack of knowledge. These problems will cause the shortage of income of the aged. After all, it will bring the problems of the care and protection of the welfare of the aged.
  (3) Popularization of education makes new generation have much more knowledge than the aged. It also brings us different socialization and the lack of the knowledge of the aged. It can also cause the conflict between generations.
  (4) There are social and geographical movements through the urbanization. Family structure makes a nuclear family and isolated social space to the aged in the family. There are psychological isolation and negligence of the aged in family and society.
  The aged has many physical problems caused by the age, such as serious illness of senile dementia. Traditional home care is no longer an appropriate way to care them, so the government should help them. They need a special care and consideration on the law in the view of the welfare for them.
  Korean existing Civil Law chooses the private supporting system for the aged. Only social welfare system exists for the poor aged who don"t have any relatives in the family. It could be a serious problem in an aging society. Therefore we need to strengthen the aged welfare system and the personal care system for the aged. The revision of the Succession Law and the Supporting Law in Civil Law is needed in an aging society. For example people who has abused the aged can not inherit as a successor.
  The draft of the revised Civil Law include somewhat of supporting regulation to add share of succession to people who has supported the aged. There is also a way to put the reason on the civil law not to succeed of the aged because of the negligence of the obligation of supporting and abusing of the aged.
  Because of a nuclear family and the growing rate of the aged, the private supporting system in a traditional society is not enough for the welfare of the aged. Therefore, the government should strongly support the aged by expanding the job opportunities and revising the law for the aged.

목차

Ⅰ. 서론
Ⅱ. 노인문제의 발생배경
Ⅲ. 노인복지의 타당성과 복지사업의 목표
Ⅳ. 민법상의 노인보호
Ⅴ. 노인복지법상의 노인보호
Ⅵ. 가정폭력방지법상의 노인보호
Ⅶ. 결론
《참고문헌》
영어 초록

키워드

고령화사회 노인보호 노인복지법 부양법 노인인구 노인연금 가정폭력방지법 치매노인 가족개호 개호보호법 The Aging Society Protection of the Aged The Welfare Law of the Aged The Supporting Law Population of the Aged The Aged Pension The Protection Law against Family Violence The dementia Aged Family Care of the Aged The Protection Law of the Family Care