일본의 성년후견제도의 개선 논의에 대한 동향

• 영문명: The Trend on Improving Argument of Adult Guardianship Law of Japan
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 오호철(Ho-Cheol O)
• 간행물 정보: 『비교사법』比較私法 제13권 제4호, 427~466쪽, 전체 40쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.12.01

영문 초록

  Currently in Japan, there has been a need to introduce the adult guardianship laws, in order to cope with the situation of the low birth rate and the aging society. Even if the systems of incompetent and a quasi-incompetent persons have been effective under the previous civil law, actually they have been involved in few cases. Especially in case that the aged don"t have enough ability to judge, the systems have been hard to be effective. That is why Japan legislated a law to establish the new adult guardianship laws in December 1999 which was first enacted in April 2000.
  This law was made to construct a system more flexible and easier to use for the welfare of the elderly, and mentally or intellectual retarded persons. It was also established to add new ideas to the existing protectional function, such as to protect the right of self-determination, to use the remained ability, and to promote normalization.
  However, some problems have been occurred in the process of enforcement of the laws. Accordingly, in May 2005, the Japan Federation of Bar Associations made suggestions for improvement of the adult guardianship laws for the purpose of solving the problems. The suggestions include 12 provisions in the various areas.
  There are the systems of incompetent and a quasi-incompetent persons as a part of the adult guardianship laws in Korea, too. However, the systems are not only difficult to be enacted but also uneffective, especially in case that the aged don"t have enough ability to judge. Therefore, the adult guardianship laws should be introduced in Korea as soon as possible. As long as the desirable examples are concerned, the existing Japanese laws and the suggestions for improvement by the Japan Federation of Bar Associations would be good legislation materials to be consulted.
  The present paper first outlined the adult guardianship laws of Japan and examined the suggestions for improvement proposed by the Japan Federation of Bar Associations, and then investigated some helpful recommendations for the legislation of the laws in Korea.

목차

Ⅰ. 들어가는 말
Ⅱ. 일본의 성년후견제도의 개요
Ⅲ. 성년후견제도에 관한 개선 제언
Ⅳ. 우리나라에게 주는 시사점
Ⅴ. 맺으며
【참고문헌】
【Abstract】

키워드

성년후견제도 법정후견 임의후견 보조 보좌 후견 임의후견계약 성년후견감독인 후견사무 Adult Guardianship Law Incompetent Quasi-Incompetent Persons Right of Self-Determination Normalization Aging Society Intellectual Retarded Persons