노인 학대 예방 및 피해 구제를 위한 입법의 방향

• 영문명: Legislative Strategy for the Prevention and Remedies of Elder Abuses- Focused on the Introduction of Advocacy System of the Rights Elderly
• 발행기관: 충북대학교 법학연구소
• 저자명: 제철웅(Je Cheol ung)
• 간행물 정보: 『법학연구』第27卷 第2號, 561~590쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.12.30

영문 초록

Elder abuse is mostly caused by financial exploitation of elder property and financial burden for elder maintenance. The current delivery system of Social benefits and social insurances, on which elderly depend, excludes elderly from participating in the request and acceptance of social benefits and insurances. Moreover, the protection of elder property for the purpose of their maintenance, care and medical treatment has been neglected, because the belief that family members are responsible for elder care has prevailed. The state dose not intervene in the protection of elderly until elder abuse actually occurs. However, the current system for elder protection cannot realize the expected goal, because additional elder abuse cannot be prevented unless the elder property and rights are well protected, which the current system lacks. This paper seeks to show that the protection of the rights of elderly is the best way to prevent elder abuse and provide proper remedies for the elder abuse victims. The better way to preserve elder property for their maintenance, care and medical treatment is to provide trust services for elderly as a social service. Moreover, guardianship services are also a indispensible method with which to remedy elder abuse victim. This paper suggests that elderly should be respected as persons which exercise their legal capacity rather than regarded as persons which need protection from others. The system to support and assist elderly to exercise their rights is the better way to prevent elder abuse.

목차

Ⅰ. 문제제기

Ⅱ. 노인학대의 제도적 원인

Ⅲ. 노인학대에 대한 현행의 제도적 대응과 국회에서의 논의

Ⅳ. 결론: 노인학대 예방과 피해구제를 위한 입법은 어떤 방향이어야 할 것인가?

참고문헌

Abstract

키워드

노인학대 사회보장급여 권익옹호 자기결정권 고령자 공공후견서비스 고령자 신탁서비스 Elder Abuse Socail Welfare Benefit Advocacy Right to Self-Determination Public Guardianship Service for Elderly Trust Services for Elderly