• Title/Summary/Keyword: 금치산

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Challenges and outlooks Following to the Interoduction of adult Guardianship System (성년후견제도 시행에 따른 과제와 전망)

  • Park, Jong Ryeol
    • Journal of Digital Convergence
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    • v.11 no.3
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    • pp.157-164
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    • 2013
  • Current in Korean Civil law, it regulates the Limited Guardianship and Specific Guardianship as an incompetent person. And as amending the Civil Law, the New Adult Guardianship System passed by the National Assembly on February 18 and it will be fully implemented from 1 July 2013. Therefore, in current law, the supplementation for various disqualifications about quasi-incompetence and incompetence is need. Because, the system of quasi-incompetence and incompetence will abolished from July 1. Thus, for the successful implementation of the Adult Guardianship System, laying the various legal groundwork and should be maintenance as soon as possible the each legislation associated with the revision of the Civil Code to fit the purpose of the New Guardianship System. So, in this paper, it will examine the several ways to amend the disqualification due to the introduction of the limited guardianship, adult guardianship system and prepare the reasonable legal model.

Trends of Japanese Adult Guardian's Type and Its Implications for Korea (일본 성년후견인의 유형 동향과 한국에의 시사점 -강산(岡山)지역의 법인후견을 중심으로-)

  • Jeon, Byeong-Joo;Kim, Keon-Ho
    • The Journal of the Korea Contents Association
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    • v.13 no.4
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    • pp.187-197
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    • 2013
  • The incompetency and quasi-incompetency system regulated legal incompetence in the past is insufficient for protections of the adults with insufficient abilities of judgement, the criticism has been continued that the system is not efficiently respond to their rights and legal relationship formation. At last, the government introduces adult guardianship system through revising the civil law. At this point, just several months prior to the enforcement of adult guardianship system, we should be prepared to issues which may occur in the actual operation of the system. Japan has high similarities in social and culture matters with Korea and in the general operation of its adult guardianship system is similar to Korea's, Therefore, Korea should be prepared for the basis to implement the optimized system through in advance understanding the trend in Japan. The study reviews the trends of Japanese adult guardian's type, and draws suggestions for Korea by finding activity requirements and subjects focusing on the currently increasing corporation guardiancy.