성년후견개시심판에서 처분권주의

• 발행기관: 한국민사소송법학회
• 저자명: 오진숙
• 간행물 정보: 『민사소송』제25권 제3호, 99~124쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2021.10.31

영문 초록

The Supreme Court Decision 2020su596 rendered on June 10th, 2021 decided that the family court can adjudicate on the commencement of Limited Guardianship for a person despite the application for the Commencement of adult guardianship in this case. And the family court can also adjudicate on the commencement of adult guardianship despite the application for the commencement of limited guardianship. However, The concept of principle of disposition and the pleading principle is different and should be distinguished. Principle of disposition also applies to family non-contentious litigation case that can be investigated ex officio by the court. The subject-matter of lawsuit of adjudication on commencement of adult guardianship and adjudication on commencement of limited guardianship are different, the family court can adjudicate on the commencement of the type of guardianship applied by the parties. In particular, adjudication on commencement of adult guardianship despite the application for the commencement of limited guardianship is contrary to the principle of the adult guardianship system that guarantees the person s right to self-determination as much as possible. Therefore, the family court can adjudicate on the commencement of the type of Guardianship applied by the parties and if commencement of adult guardianship is contrary to the welfare of an adult, the family court have to explain to alter the application.

목차

Ⅰ. 대상판결

Ⅱ. 가사비송사건과 처분권주의

Ⅲ. 성년후견개시심판의 판단 범위

Ⅳ. 결어

키워드

가사비송 가사소송 성년후견개시심판 한정후견개시심판 처분권주의 직권탐지주의 절차 보장 family non-contentious litigation case family procedure adjudication on commencement of adult guardianship adjudication on commencement of limited guardianship principle of disposition principle of ex officio investigation due process