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The status and improvement depending in relation to the adult guardianship law

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2016, 4(1), pp.85-106
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Oh, Ho-Cheol 1

1신경대학교

Candidate

ABSTRACT

Two years have passed since the adult guardianship law came into force in Korea. While the adult guardianship law came into force, the whole problems of system management were indicated. Even if all problems are considered before making it, problems can happen during the system management. Also we expended time and effort on the adult guardianship law, but unexpected problems are appearing because of a shortage of operational readiness while it has come into force. This article examined improvement issue for the problems, focusing on some problems that occurred during the adult guardianship law. First, we have compared the adult guardianship law with the old system, incompetency system or quasi-incompetence system for result of usage. Second, various problems were examined during designation of a relative guardian. Third, some problems were examined for professional guardian As the result, first, the reason why the result of usage was poor was that publicity was poor. For resolving the problem, we can say that civic group and authority have been publicizing unsystematically until now, so we suggested that the publicity should be done systematically. As the second problem, the biggest problem was relatives in criminal law depending on designation of relative guardianship law. For this problem, we suggested not applying relatives in criminal law when a relative becomes a guardian through a special law, and to interpret positively excluding relatives in criminal law until a special law is made up. Finally, we suggested that for expending to use a professional guardian, the government should clear up the standard for cost of repair and should expend to support the people who burdens with costs. In addition, we suggested that the government could recommend joining “guardian insurance” for the people who has negative opinion on loss by a professional guardian. We suggested considering introduction of “support trusteeship of guardianship system” that is being in Japan for preventing the potential irregularities by a relative guardian or a professional guardian.

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