피후견인의 차별금지와 결격조항정비의 과제

• 영문명: Non-Discrimination of wards under Adult Guardianship and Abolition of Disqualifying Legal Provisions in Korea
• 발행기관: 한국가족법학회
• 저자명: 박인환(Park, In-Hwan)
• 간행물 정보: 『가족법연구』家族法硏究 第32卷 2號, 309~342쪽, 전체 34쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2018.07.30

영문 초록

There are lots of Disqualifying Legal Provisions (DLPs) in Korea on which wards under adult guardianship have been restricted to participate in social and economic activities in wide fields. The DLPs have generated the stigma of wards under adult guardianship and so even people who need to be protected by adult guardianship would have a reluctance to be ward. The DLPs which deprive wards under adult guardianship of their status or rights to participate in social and economic activities are not suitable means to protect public interests from danger coming out of their engaging themselves in social and economic activities. On the contrary, the DLPs are discriminations based on disability and conflict with the Convention on the Rights of Persons with Disabilities. They also infringe on the basic human rights on the Korean Constitution. Wherefore, the DLPs should be abolished right now. If any necessity to exist, we can cope with individual screening regulations in lieu of the DLPs in reference to the recent legislative bill in Japan. The following considerations should be taken into account when we make an alternative provisions to the DLPs. (1) The DLPs enumerating disability or ward should be abolished right now. (2) The alternative legislation is not necessary, if there is any regulation to evaluate the qualification for concerned task’s performance. (3) The alternative legislation should be based on the following rules. a. not to enumerate disability or ward. b. to order to stop concerned task’s performance. c. to be able to raise a objection against the oder. d. to be recovered as the reason ends.

목차

Ⅰ. 들어가는 말

Ⅱ. 새로운 성년후견제도와 결격조항 정비의 필요성

Ⅲ. 결격조항의 연원과 문제점

Ⅳ. 일본에서의 결격조항 폐지에 관한 최근 동향

Ⅴ. 결격조항 정비를 위한 입법의 기본방향―맺음말에 갈음하여

키워드

결격조항 피후견인 차별금지 유엔장애인권리협약 사회통합 Disqualifying Legal Provisions ward under guardianship Non-discrimination Convention on the Rights of Persons with Disabilities(CRPD) Inclusion