고령자에 대한 실태분석과 고령자법의 구축을 위한 시도

Attempts to establish the Elder Law

This paper analyzed the current status of the aged in Korea, which has recently entered a super-aged society , to derive an image of the aged. It presents the fundamental ideology and objectives for establishing an elder law, along with future research tasks. Traditionally, we have perceived the aged as ‘65 years old and above = the aged = socially second-class citizen = subjects requiring protection and support,’ viewing them as dependent and in need of care. Analysis of the actual situation of the aged in this paper reveals that the aged in Korea consist of: ⒜ ‘affluent elders’, ⒝ ‘elders who want to work’, and ⒞ ‘elders who are proactive about divorce and remarriage’, conversely, ⒟ ‘elders with poor housing conditions’, ⒠ ‘elders with low life satisfaction’ and ⒡ ‘elders worried about out-of-pocket medical expenses’ also exist. If ⒜⒝⒞ represent the ‘light’ image of the aged, then ⒟⒠⒡ represent the ‘dark’ image. Therefore, the aged possess a duality of ‘light’ and ‘darkness’. They are ‘elders with assets ’ contributing to the nation and local governments while fulfilling their role as the central pillar of their families. Therefore, the aged deserve respect from society. Furthermore, elders are ‘healthy elders who want to work ’, so the current retirement age system must be reconsidered. Moreover, as the aged are ‘active in divorce and remarriage ’, they should receive underpinning from society and their families. In contrast, as the aged live in ‘housing with poor living conditions ’, a reexamination of current housing policies is necessary. In the immediate future, non-elders households and elders households will each account for half of our society. Furthermore, because the life satisfaction of the aged is low, support must be provided for them to maintain relationships with family and social relation network. And because the aged cannot bear with confidence but worry about future out-of-pocket medical expenses, the social insurance system must be researched and developed to ensure they can use medical expense support and future long-term care facilities with peace of mind. Therefore, we must move beyond the outdated negative perceptions of the aged. The state and society must recognize that elders are “independent members of society, a pillar supporting the nation and community, and furthermore, a significant demographic group who should confidently enjoy their remaining years as act ive participants ”. A super-aged society is one where younger and elder generations coexist. Accordingly, the elder law is a specialized legal field focused on the aged. It is an academic discipline that concentrates on the unique legal challenges faced by the aged, aims to guarantee th eir human rights, and seeks to ensure their dignity.