일본의 성년후견제도와 우리나라의 성년후견법안의 비교

• 영문명: A Comparison of the Adult Guardianship Laws of Japan with the Adult Guardianship Bill of Korean
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 오호철(Ho-Cheol O)
• 간행물 정보: 『비교사법』比較私法 제15권 제2호, 295~335쪽, 전체 41쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.06.01

영문 초록

  Our country’s social problem of low birth rate and aging is at a severe level. Currently, the legal system to actively deal with the problem of low birth rate and aging through Korean civil laws is extremely inadequate. In particular, as we become an aged society, the civil laws which is applied when the mental judgement is deteriorated, has many problems.
  Under the current civil laws, incompetence and quasi-incompetence system can be used in case of deterioration of mental judgement. In the cases of incompetence and quasi-incompetence system, the system itself is rigid since it can only provide two types by law despite the fact that there are various degrees of mental judgement and protection needs based on each individual. And it is pronounced as incompetence and quasi-incompetence, it will be recorded in the census registration and hence there are hardly anyone who use this system. In addition, there are resistance and social prejudice against the words such as incompetence and quasi-incompetence. Hence, the system is practically not being used and is ending up as a mere scrap paper.
  The same situation is applicable to Japan. Hence, in order to actively deal with these problems, Japan enforced the new adult guardianship laws on 1 April, 2000. There has been discussions of introducing the adult guardianship laws but this ended up as just discussions, being excluded from the civil laws that was proposed in the National Assembly on 21 October 2004. And the adult guardianship laws was later proposed on 28 August 2006. Hence, this paper researches what should be considered in our laws by making comparative study of the Korean and Japanese adult guardianship laws.

목차

Ⅰ. 들어가는 말
Ⅱ. 일본의 성년후견제도의 개관
Ⅲ. 우리나라의 성년후견법안의 개관
Ⅳ. 맺는 말
【참고문헌】
[Abstract]

키워드

성년후견인 법정후견인 임의후견인 한정치산자 금치산자 Adult Guardianship Voluntary Guardianship Contracts System Incompetence Quasi-Incompetence Supervisor