• Journal of Digital Convergence
• /
• v.11 no.3
• /
• pp.157-164
• /
• 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.

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

• The Korean Society of Law and Medicine
• /
• v.20 no.2
• /
• pp.207-229
• /
• 2019

It is a general recognition that more serious criminal acts in a certain area of society should be given more serious condemation than the same general crimnal act. In particular, considering the purpose of the medical treatment and the trust relationship between the doctor and the patient, the sexual violence by doctor in medical field can not be placed on the same line as that of the general public. But the special legislation to solve this through criminal legal sanctions is not desirable. The basic principle of criminal law ist ultima ratio, so the principle of supplementality. It means to try to solve by all possible means and finally to enter with punishment. A flat and hasty Reaction without the considering of the speciality of medical treatment will cause serious cracking in that area. In addition, it will not be able to expect desirable results in legal practice by breaking down the legal system. Rather, administrative regulation is more efficient than punishment sanctions. But the best way is autonomous control by members of the medical area. Penalties in criminal law must make an enterance at the last, and administrative regulation should be timely intervene in specific situations through diversification. In conclusion, state interventions should be farthest in order to proceed to autonomous control of medical area.

• The Southeast Asian review
• /
• v.28 no.4
• /
• pp.161-196
• /
• 2018

The major object of this study is to analyze the political development of Myanmar's civilian government on the concept of defective democracy, and to investigate the main actors who delayed or stymied political development and their interrelation. In doing so, this study suggests the tasks required for political development overcoming the current political structure and behavior. The civilian government, which was launched in 2016, failed to achieve positive political development by following the behavior of military authoritarianism in terms of exercise of power and decision making structure. On the perspective of the government, delegative democracy and domain democracy have been strengthening since one person has taken over all political power and hesitate to take horizontal accountability for each power organizations. The military, which is responsible for national defence and security seeks illiberal democracy and exclusive democracy, keeping on an undemocratic constitution by the military and Burman ethnocentrism. The reasons why defective democracy has been occurred are that the lack of a group to run a democratic institutions and the limitation of power structure that fails to adhere to the principle of civilian control to the military due to long-term military rule. Therefore, there is a need for military's come back to barracks and transform the power structure to democratic of the civilian government which is tamed an authoritarian order for the political development in Myanmar. In order to achieve this, this study concludes that setting up a empowered democratic government is required.