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A Comparative Study on the Major Contents of Elder Abuse in Japan's Act on the Prevention of Elder Abuse and Support for Caregivers of Elderly Persons and Korea's Welfare Of Senior Citizens Act

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2023, 11(4), pp.587-611
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : October 6, 2023
  • Accepted : October 25, 2023
  • Published : November 30, 2023

Yun, Gitaek 1

1청주대학교

Accredited

ABSTRACT

The pace of aging in our country is very fast. Our society will enter a super-aged society by 2025. In our society, the elderly population aged 65 or older accounts for more than 20% of the total population. On the other hand, Korea's Low fertility rates has become more serious. In the past, it was natural for Korea, which had Confucian ideas, to support parents who had no economic ability. However, the Confucian ideal of supporting a parent who is unable to work has long since collapsed. Therefore, elder abuse is increasing through cases where a child supports a parent, an elderly spouse supports an elderly spouse, and a child sends a parent to a nursing home. Our society is very late in interest in elder abuse. It is very late compared to child abuse or spouse abuse. As a result, a legal system to prevent elder abuse was also established late. Currently, Korea is responding to elder abuse with the Welfare Of Senior Citizens Act and the ACT On Special Cases Cincetning The Punishment Of Crimes Of Domestic Violence and criminal law. But in fact, the most important law for elder abuse is the Welfare Of Senior Citizens Act. The Welfare Of Senior Citizens Act was first enacted in 1961 and has made several revisions so far. However, it was not until 2004 that the Welfare Of Senior Citizens Act established a provision for elder abuse. Since 2004, the Welfare Of Senior Citizens Act has tightened the provisions of elder abuse. However, the system is insufficient because the elder abuse clause has been made little by little. As a result, what is said for the purpose of the Welfare Of Senior Citizens Act is not related to elder abuse. On the other hand, Japan recognized elder abuse as a very serious social problem at home and nursing homes. Therefore, Japan enacted the Act on the Prevention of Elder Abuse and Support for Caregivers of Elders on April 1, 2006. This study focuses on the main contents of the Welfare Of Senior Citizens Act in Korea and the Act on the Prevention of Elder Abuse and Support for Caregivers of Elderly Persons in Japan. Japan's approach to elder abuse as something to be supported rather than punished or focused on enforcement is a good lesson for Korea.

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