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@article{ART002151787},
author={Oh, Ho-Cheol},
title={A trend of Japanese registration on changing paradigm from the substituted decision-making to the supported decision-making},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2015},
volume={3},
number={2},
pages={31-51}

TY - JOUR
AU - Oh, Ho-Cheol
TI - A trend of Japanese registration on changing paradigm from the substituted decision-making to the supported decision-making
JO - Legal Theory & Practice Review
PY - 2015
VL - 3
IS - 2
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 31
EP - 51
SN - 2288-1840
AB - Since the Japanese adult guardianship system took effect on April of 2000, it has taken effect a new rule focusing on the new idea, such as 「respect of self-determining」, 「empowerment」, 「Normalization」. Even if Japanese government has brought the modern idea that has an affinity for convention on the Rights of Persons with Disabilities into the adult guardianship system, they have been still focusing on the idea of 「one󰡑s own objective protection」 for a long time ago. Therefore, 「respect of one󰡑s own objective idea & intention」 and 「one󰡑s own objective protection」 have caused the confliction and strained relations with the adult guardianship practice. In other words, if there is a conflict between one and an adult guardian, there may be a risk that one could be managed and controlled one󰡑s life in reality depending on the values of an adult guardian under the cloak of 「one󰡑s objective protection」. Then, in Japan, there have been various discussions for revision of a part of the adult guardianship system. While Japan, however, ratified the Convention on the Rights of Persons with Disabilities on 4th of December, 2013, they have faced biggest crisis for the substituted decision-making of an adult guardian for persons with disabilities. According to the Rights of persons with disabilities, for legal aid of persons with disabilities, the paradigm has to change the substituted decision-making to supported decision-making. If the Rights of persons with disabilities are conducted completely, the government may discuss about cancelling totally restrictive legal capacity system and the Japanese adult guardianship system that has the substituted decision-making system may be cancelled or revised fundamentally. So, this article has examined a problem of revision of the adult guardianship system according with the Right of persons with disabilities and amendment of law according with supported decision-making under Japanese municipal law, which has been discussion recently in Japan.
KW - supported decision-making;substituted decision-making;Convention on the Rights of Persons with Disabilities;empowerment;Normalization.
DO -
UR -
ER -

Oh, Ho-Cheol. (2015). A trend of Japanese registration on changing paradigm from the substituted decision-making to the supported decision-making. Legal Theory & Practice Review, 3(2), 31-51.

Oh, Ho-Cheol. 2015, "A trend of Japanese registration on changing paradigm from the substituted decision-making to the supported decision-making", Legal Theory & Practice Review, vol.3, no.2 pp.31-51.

Oh, Ho-Cheol "A trend of Japanese registration on changing paradigm from the substituted decision-making to the supported decision-making" Legal Theory & Practice Review 3.2 pp.31-51 (2015) : 31.

Oh, Ho-Cheol. A trend of Japanese registration on changing paradigm from the substituted decision-making to the supported decision-making. 2015; 3(2), 31-51.

Oh, Ho-Cheol. "A trend of Japanese registration on changing paradigm from the substituted decision-making to the supported decision-making" Legal Theory & Practice Review 3, no.2 (2015) : 31-51.

Oh, Ho-Cheol. A trend of Japanese registration on changing paradigm from the substituted decision-making to the supported decision-making. Legal Theory & Practice Review, 3(2), 31-51.

Oh, Ho-Cheol. A trend of Japanese registration on changing paradigm from the substituted decision-making to the supported decision-making. Legal Theory & Practice Review. 2015; 3(2) 31-51.

Oh, Ho-Cheol. A trend of Japanese registration on changing paradigm from the substituted decision-making to the supported decision-making. 2015; 3(2), 31-51.

Oh, Ho-Cheol. "A trend of Japanese registration on changing paradigm from the substituted decision-making to the supported decision-making" Legal Theory & Practice Review 3, no.2 (2015) : 31-51.