• Journal of Digital Convergence
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• v.11 no.4
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• pp.1-10
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• 2013

The adult guardianship system takes effect from July 2013, to protect adults who need protection due to insufficient ability to judge, and help them lead a normal life. It is very important to identify the problems and solutions of the country's through the analysis of Japan that already performs the adult guardianship system, through which there is a need to prepare basis to accomplish the optimal system in advance. It is essential to secure the quality guardians above all, for the successful settlement of the adult guardianship system; the importance of citizen guardians is ever increasing as especially the 'socialization' of the adult guardianship system is supported recently. Therefore, in this study, the trends in the types of the guardians were examined by analyzing the adult guardianship incidents of the Supreme Court of Japan; and the ways to activate the system focused on the citizen guardians.

• The Korean Society of Law and Medicine
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• v.16 no.1
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• pp.221-254
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• 2015

The amendment of the Korea Civil Code will take place July 1, 2013. One of the most import issues related to adult guardianship system is a part. Though more than 100 new provisions, the revised Civil Code fundamentally reformed the guardianship system to establish a system to meet the diverse and complex needs of those who need a guardian and ensure due process. The new adult guardianship system intended to respect dignity and human right of mentally incapacitated adults, to guaranee their autunomy and to minimize the public interventions for assisting them. The new guardianship system for vulnerable adult has three kinds of legal guardianship system (adult guardianship, limited guardianship and specific guardianship). Mental patients forced the hospitalization of the mental health code and will be treated as an agreement incapable person. In principle an agreement incapable person has capacity of consent. The consent of the mental patients are admitted first. It is advisable to medical care only by the consent of the guardian when the the mental patient do not agree ability. If the mental patient do not agree with the mentally ill, but there should be a supervisory capacity for a guardianship of the couple guardian supervision. In conclusion, it not lost the capacity to consent to inpatient mental illness called. Therefore, we must discuss in detail the scope of the agreement for the mental patients. Mental Health Act amendments are necessary in accordance with the amended Civil Code.

• Journal of Digital Convergence
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• v.11 no.4
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• pp.11-23
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• 2013

Adult guardianship system is about to launch in July 2013 in South Korea. For its successful first step, this study examined social awareness on the adult guardianship system and compared the awareness of parents and the awareness of service providers in the handicapped adult guardianship program to draw political implications on how to improve the system. As a result, this study found that people had higher awareness on adult guardianship (78.9%) but their understanding was lower (35.2%). Secondly, prospected guardians were found to have stronger demand on hospital use and financial management than on their asset management. About 63.3% of them showed an intention to use the system in the future. Lastly, both parent group and service provider group were found to have awareness at a similar level to each other on civilian guardian types, cost, who to bear coat and how much, and details of the program.

• The Journal of the Korea Contents Association
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• v.13 no.8
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• pp.141-151
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• 2013

The adult guardianship system takes effect from July 2013. At this point, just a month prior to the enforcement of the system, Korea should be prepared for specific countermeasures to implement the optimized system. Japan has high similarities in social and culture matters with Korea and is evaluated that the introduction background of adult guardianship system and overall operation system is similar to Korea's. As misconducts by adult guardians among the various problems occurred in Japan bring decreasing trust and delay the system settlement, proactive and posterior measures should be prepared for these problems. Therefore, in this study, misconducts by adult guardians occurred in the enforcement of adult guardianship system in Japan is to be examined and through these findings, several strategies were suggested to prevent misconducts in Korea which include the expansion of organization and manpower in family Court, dual supervision system and emergent appointment system etc.

• Journal of Digital Convergence
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• v.13 no.6
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• pp.275-286
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• 2015

This study conducts a comparative study on the perceptions of disabled child carers and officials on the Adult Guardianship System, and study the settlement method. First of all, 68.9% of the disabled child carers and 43.9% of the officials were aware of the system. Both the carers(90.2%) and officials(94.3%) responded that it was a helpful system for the respect for human rights. In terms of preferred guardian type, carers responded 'parents' and officials responded 'professionals'. All respondents responded that the 'establishment of national organization' was the most needed improvement of the system. In order for the Adult Guardianship System to stabilize as the system that can contribute to respect for human rights and social integration, promoting general public about the Adult Guardianship System, cultivate a high quality public guardian, the national organization of the Adult Guardianship System should be founded.

• The Journal of the Korea institute of electronic communication sciences
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• v.9 no.4
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• pp.483-490
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• 2014

This research intends to analyze the implications of current adult guidance system from an angle of people with developmental disabilities in an sudden changed information age. Through it, this research intends to seek improvement of adult guardian system for people with developmental disabilities, a main group of the system, from an angle different from the aged. It focuses on significance and improvement for the significance of adult guardian system for people with developmental disabilities, which are weak for self-decision. Furthermore, for the improvements, this system should be able to be information exchange and communities through the using internet in the cyber space.

• 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.

• The Korean Society of Law and Medicine
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• v.23 no.4
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• pp.75-102
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• 2022

In this article, 「Act on the hospice and palliative care and decisions on life-sustaining treatment for patients at the end of life」, 「Act On The Improvement Of Mental Health And The Support For Welfare Services For Mental Patients」, 「Organs Transplant Act」, 「Safety And Management Of Human Tissue Act」, 「Pharmaceutical Affairs Act」, 「Prevention Of Acquired Immunodeficiency Syndrome Act」, 「Tuberculosis Prevention Act」, 「Infectious Disease Control And Prevention Act」 were reviewed. Patients' right to self-determination and consent in these laws are related to civil law. even though they are closely related to the civil law in relation to patients' right to self-determination and consent. In order to consistently operate medical administration, it is necessary to understand the principles of civil law decision-making.

• The Korean Society of Law and Medicine
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• v.24 no.4
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• pp.103-128
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• 2023

According to the current act of Decision-Marking in Life-Sustaining Medicine, the decision to withhold or discontinue life-sustaining treatment is primarily based on the wishes of a patient in the dying process. Decision-making regarding life-sustaining treatment for these patients is made by the patient, if he or she is conscious, directly expressing his/her intention for life-sustaining treatment in writing or verbally or by writing an advance medical directive and physician orders for life-sustaining treatment. It can be exercised. On the other hand, if the patient has not written an advance medical directive or physician orders for life-sustaining treatment, the patient's intention can be confirmed with a statement from the patient's family, or a decision to discontinue life-sustaining treatment can be made with the consent of all members of the patient's family. However, in the case of an unrelated patient who has no family or whose family is unknown, if an advance medical directive or physician orders for life-sustaining treatment are not written before hospitalization and a medical condition prevents the patient from expressing his or her opinion, the patient's will cannot be known and the patient cannot be informed. A situation arises where a decision must be made as to whether to continue or discontinue life-sustaining treatment. This study reviewed discussions and measures for unbefriended patients under the current law in order to suggest policy measures for deciding on life-sustaining treatment in the case of unbefriended patients. First, we looked at the application of the adult guardian system, but although an adult guardian can replace consent for medical treatment that infringes on the body, permission from the family court is required in cases where death may occur as a direct result of medical treatment. It cannot be said to be an appropriate solution for patients in the process of dying. Second, in accordance with Article 14 of the Life-Sustaining Treatment Decision Act, we looked at the deliberation of medical institution ethics committees on decisions to discontinue life-sustaining treatment for patients without family ties.Under the current law, the medical institution ethics committee cannot make decisions on discontinuation of life-sustaining treatment for unbefriended patients, so through revision, matters regarding decisions on discontinuation of life-sustaining treatment for unbefriended patients are reflected in Article 14 of the same Act or separate provisions for unbefriended patients are made. It is necessary to establish and amend new provisions. In addition, the medical institution ethics committee must make a decision on unbefriended patients, but if the medical institution cannot make such a decision, there is a need to revise the law so that the public ethics committee can make decisions, such as discontinuing life-sustaining treatment for unbefriended patients.

• The Korean Society of Law and Medicine
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• v.24 no.2
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• pp.147-196
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• 2023

Advances in brain science have made it possible to stimulate the brain to treat brain disorder or to connect directly between the neuron activity and an external devices. Non-invasive neurotechnologies already exist, but invasive neurotechnologies can provide more precise stimulation or measure brainwaves more precisely. Nowadays deep brain stimulation (DBS) is recognized as an accepted treatment for Parkinson's disease and essential tremor. In addition DBS has shown a certain positive effect in patients with Alzheimer's disease and depression. Brain-computer interfaces (BCI) are in the clinical stage but help patients in vegetative state can communicate or support rehabilitation for nerve-damaged people. The issue is that the people who need these invasive neurotechnologies are those whose capacity to consent is impaired or who are unable to communicate due to disease or nerve damage, while DBS and BCI operations are highly invasive and require informed consent of patients. Especially in areas where neurotechnology is still in clinical trials, the risks are greater and the benefits are uncertain, so more explanation should be provided to let patients make an informed decision. If the patient is under guardianship, the guardian is able to substitute for the patient's consent, if necessary with the authorization of court. If the patient is not under guardianship and the patient's capacity to consent is impaired or he is unable to express the consent, korean healthcare institution tend to rely on the patient's near relative guardian(de facto guardian) to give consent. But the concept of a de facto guardian is not provided by our civil law system. In the long run, it would be more appropriate to provide that a patient's spouse or next of kin may be authorized to give consent for the patient, if he or she is neither under guardianship nor appointed enduring power of attorney. If the patient was not properly informed of the risks involved in the neurosurgery, he or she may be entitled to compensation of intangible damages. If there is a causal relation between the malpractice and the side effects, the patient may also be able to recover damages for those side effects. In addition, both BCI and DBS involve the implantation of electrodes or microchips in the brain, which are controlled by an external devices. Since implantable medical devices are subject to product liability laws, the patient may be able to sue the manufacturer for damages if the defect caused the adverse effects. Recently, Korea's medical device regulation mandated liability insurance system for implantable medical devices to strengthen consumer protection.