• Title/Summary/Keyword: Specific Guardianship

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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.

Influential Factors on Utilization of Adult Guardianship System in Dependent Family Caregivers (요보호자 부양가족의 성년후견제도 이용에 영향을 미치는 요인)

  • Jeon, Byeong-Joo;Kim, Keon-Ho
    • The Journal of the Korea Contents Association
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    • v.16 no.9
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    • pp.482-490
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    • 2016
  • The adult guardianship system has taken into effect in Korea 3 years ago, but as the system settlement is comparatively late than other countries, there is a need for specific countermeasure to actualize the optimized system. Therefore, this study has analyzed factors influencing the adult guardianship system subjecting the dependent family members of the disabled and dotard by applying the behavioral model suggested by Anderson & Newman. This study utilized SPSS 18.0 for analysis, and the study results are as follows. First, the level of intention to use adult guardianship system was average. Second, the most influential factors of using adult guardianship system were social stigma among need factors, financial status among enabling factors, and the relationship with the caregivers, and academic level among the predisposing factors. Based on such empirical analysis results, this study provides with the fundamental references for early settlement and proper management of adult guardianship system, and proposed specific practical strategy necessary for the guardian and dependent family.

Health Law and Adult Guardianship System (성년후견제도와 정신보건법상 환자의 동의권에 관한 연구)

  • Moon, Sang hyuk
    • 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.

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Adult Guardian's Misconduct in Japan and Its Implication for Korea (일본 성년후견인의 부정행위와 한국에서의 함의)

  • Jeon, Byeong-Joo;Kim, Keon-Ho
    • 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.

A Study on the Concepts of Legal Competence Concerning Adults Guardianship Acts (성년후견법률에 나타난 의사결정능력의 개념에 관한 연구 - 영국 정신능력법(Mental Capacity Act, 2005)을 중심으로 -)

  • Kim, Moon-Geun
    • Korean Journal of Social Welfare Studies
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    • v.41 no.3
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    • pp.241-269
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    • 2010
  • The purpose of this study is to examine the arguments about the conceptualization and the assessment of mental capacity and legal competence concerning the adult guardianship. Based on these literature reviews, the author analysed Mental Capacity Act 2005 of United Kingdom. The act conceptualizes legal competence as a concept dependent on a specific decision, time, and environmental support or convenience. According to the act, the assessment of the legal competence shall be made with ensuring the person all the viable supports and environmental conveniences. And it appears that the hierarchical assessment system of the act assures that the more the decision is important the more professional and more formal assessment shall be used. Based on these findings the author suggested several implications for the legislation of a new adult guardianship act in Korea.

Self-Efficacy effects on Job Burnout of Workers of Independent living support centers for the disabled: Focusing on Mediating Effects of Empowerment (장애인자립생활센터 종사자의 자기효능감이 직무소진에 미치는 영향: 임파워먼트의 매개효과를 중심으로)

  • Kim, Ja-Young;Choi, Yun-Young
    • Journal of Convergence for Information Technology
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    • v.11 no.5
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    • pp.86-93
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    • 2021
  • The purpose of this study is to examine whether empowerment mediates the association between self-efficacy and job burnout of workers of independent living support centers for the disabled. The data were collected through a survey of workers in 108 centers. Findings of the research is as followed. First, we found that self-efficacy as well as empowerment had negative effect on job burnout of workers in centers. Second, we found that empowerment had negative effect on job burnout of workers in centers. And finally, we found a partially mediating effect of empowerment between self-efficacy and job burnout of workers in centers. Based on the findings of this study, specific suggestions were presented to reduce job burnout of workers in independent living support centers for the disabled.