後見人登錄制度에 관한 考察

A study of the Guardian Register

&nbsp;&nbsp;Korean Guardian System is to be divided into the guardian register for minors and that for incompetent and quasi-incompetent.<BR>&nbsp;&nbsp;The guardian register for minors is said to be the extension of parental rights, whereas the guardian register for incompetent and quasi-incompetent is a system which restricts the legal capacity of the mental retardation who are persons of legal age(therefore, is free from parental rights) but wanting in normal judgment and makes up for their limited capacity and therefore helps them form their legal relationship the same as the normal legal persons do and manage their social life as well. Like this, the Guardian Register is a system for the purpose of seeking the safety of dealings as well as of the person without legal capacity with standardizing the persons who are in complete in their mental capacity or are devoid of communicative competence.<BR>&nbsp;&nbsp;No sooner has the adjudgment for incompetentㆍquasi-incompetent been decided than the administrative official of the family court or the person who may concern gives a public notice of the intention and notifies the person concerned or the person who is in charge of the family register affairs at the-person-in-case’s legal domicile of the said intention and, upon the written notice, the person himself will be mentioned as a incompetentㆍquasi-incompetent on the family register. Like this, the current system of incompetentㆍquasi-incompetent is announced publicly to the third person with its entered in the family register.<BR>&nbsp;&nbsp;The said system is for announcing the fact publicly that the person’s legal capacity has made restricted or curtailed, but it causes some problem of making the person himself/herself or his/her family feel a sense of shame in their social life due to indication of him/her as “Incompetent Person” on the official register like family register. In case a family don’t want to make the fact clear that they have a family member without legal capacityand, particularly, as far as marriage is concerned the one having some time ahead to marry can look into the other’s family register, which will cause a strong rejection symptom to the people at large. In addition, because all information related with one’s identity is integrated in our family register, the fact that one has received adjudgment of incompetentㆍquasiincompetent should be disclosed definitely even in the case of submitting a transcript or abstract of one’s family register to the authorities concerned for any other purpose. In that respect, the current family registry system suggests the necessity for the introduction of a new system. Besides, the conventional system of a family register will be abolished and a new individualized identification system be executed as of Jan. 01, 2006 in Korea. Abolition of the system of a family register will be a good opportunity for our looking for a new system of a guardian register.<BR>&nbsp;&nbsp;This study is aiming at activating the current system of incompetentㆍquasi-incompetent through our full consideration of a new system of guardian register.