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A plan to secure a social welfare safety net for the prevention of elder abuse (problem) - Focusing on the revision <Welfare of the Aged Act> on March 13, 2018 -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2023, 11(1), pp.309-334
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : January 31, 2023
  • Accepted : March 1, 2023
  • Published : February 28, 2023

Jeong-Hee Jeong 1

1선린대학교

Accredited

ABSTRACT

As human life expectancy has been extended, aging problems such as mental, economic power, and physical decline have diversified. The rules related to the elderly, which were established in the past when the elderly were recognized as objects of respect and support during industrialization, are insufficient as an alternative to today's aging problem. Accordingly, we tried to present measures to improve our legislation by examining the current legal regulations and related precedents based on the recent increase in the type of elderly problems and the legal status as a solution. The current law's view on various elderly issues such as elder abuse, fraud, assault, disappearance, abandonment, and poverty in various forms of modern industrial society is narrow-minded, but only some of them are stipulated in the Elderly Welfare Act. The attitude of the current law is to be solved with the same law aimed at promoting health welfare for the elderly from the perspective of 'protection of the elderly-the welfare of the elderly', but there are many problems not only in nature but also in the legal system. In the direction of establishing these problems effectively, a plan to enact special laws for each type of existing elderly problem and a plan to enact the tentatively named "Elderly Protection Act" as a general law that encompasses the whole was proposed. Furthermore, potential elderly problems should be included in each plan to prevent further legal delays from deepening the elderly problem. Reasonable solutions to the problem of the elderly in actual differential state through the re-establishment of appropriate laws to prevent and solve the problem of the elderly, which is expanding day by day due to the increase in average life expectancy, can be said to be the implementation of the principle of equality (Article 12).

Citation status

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