피성년후견인의 가족관계에 관한 의사결정 자유의 보장

Decision-Making of Wards About the Family Relationship

According to the Korean Civil Act, wards should obtain the consent of adult guardians in case of engagement, marriage, divorce by agreement, adoption, dissolution of adoption by agreement, and recognition. It is known that those provisions are designed to protect the ward from unreasonable decisions. However, they restrict the freedom of the wards unproportionately, as well as not very effective in protecting the wards. This article is written for demonstrating the unconstitutionality of the provisions, and suggesting the way of constitutional legal interpretation to secure autonomy and welfare of wards at the same time. A brief comparative legal review is also included.