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Review of "Acts on Promoting the Utilization of Japanese Adult Guardianship" and "General Plan for Promoting Utilization of Japanese Adult Guardianship"

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2020, 8(3), pp.227-250
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : July 22, 2020
  • Accepted : August 25, 2020
  • Published : August 31, 2020

Oh, Ho-Cheol 1

1신경대학교

Candidate

ABSTRACT

Japanese Acts on Adult Guardianship was implemented in April 2000, and a decade later, in 2010, it is required to have a fundamental review. There were several recipients for Japanese Adult Guardianship Act (the number of senile demented patients in Japan is approximately 10% of those aged 65 or older), but the number of recipients utilizing it was meagre. The reason behind this is that the family has psychological resistance to applying for Adult Guardianship procedures for their parents or spouses, or that without applying for Adult Guardianship, the family can virtually manage the routine property on their behalf. There is a problem of procedural burden, because of the duty to report to the court if there is a family member who becomes a guardian by applying for Adult Guardianship. Under these circumstances, through the "Yokohama Declaration" proclaimed at the first Adult Guardianship World Conference held in Yokohama in October 2010, Japan implemented the "Acts on Promoting the Utilisation of Adult Guardianship" in April 2016 and "General Plan for Promoting Utilisation of Japanese Adult Guardianship" was implemented on 24th March 2017. The main issue of "Acts on Promoting Utilisation of Japanese Adult Guardianship" reflected the aim of the "Yokohama Declaration" and have a basic ideology including "Respect for the ideology of the Acts on Adult Guardianship", "Promoting the utilisation of Acts on Adult Guardianship in response to local expropriation", and "Improving the system of the Adult Guardianship utilisation". In Addition, the use of the Adult Guardianship system intended to be promoted by requiring the government to publish the implementation status of relevant policies for improving the utilisation of Adult Guardianship system annually. In South Korea, the Adult Guardian system was implemented in July 2013, which is the eighth year. It is currently necessary to conduct a fundamental review like Japanese Adult Guardianship system, as the utilization rate of Korean Adult Guardianship system is only 1% of the total number of subject personnel to it. Thus, Won Hye-young, a member of the National Assembly in South Korea, proposed a "Basic bill on Decision-making supporting, including Guardianship" on 14th May 2019. Similar to Japanese "Acts on Promoting the Utilization of Adult Guardianship", the bill also provide a control tower and implementation subject to ensure that plans of broad national scale and support can be implemented to expand the decision support system for adults who are inadequate for decision-making skills and to enhance the public guardianship system that protects adults who cannot receive aid from their guardians. However, the bill has been discarded due to the expiration of the term of a member of the National Assembly. Therefore, this study reviewed the primary contents of Japanese "Acts on Promoting the Utilization of Japanese Adult Guardianship" and "General Plan for Promoting Utilization of Adult Guardianship" so that it can be passed by the National Assembly next time with detail revised bill.

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