現行 成年者保護를 위한 制度의 問題點과 代案으로서의 成年後見制度

Problems on Systems for Protecting Adults, and the Care and Control System as the Alternative

There are human beings who have mental ability but can not do everyday affairs because of their physical defects and who have incomplete mental ability. How can we help them? Our ability system has regarded them as incapacity. But, that is extremely uniform and as we know It has origin in Code Civil enacted in 1800. This study is designed to meet the needs of growing human beings who have mental ability but can not do everyday affairs because of their physical defects and who have incomplete mental ability, especially Elderly People, for legal advice and assistance on a range of personal, social and financial issues, It brings together a number of topics which have importance in the lives of older people. This paper seeks to take a developmental view of old age and incomplete mental ability, and tries to avoid a stereotypical view of the older person. Old age itself may cever a span of 30 years or more and includes a wide range of interests, abilities and needs. In researching the Care and Control system, the major obstacle is that there is no(or few) discrete body of law relating to elderly people as there is no distinct legal status of old age. This means that there are bound to be gaps in provision which leave some vulnerable people unprotected. At the same time, there is an increasing emphasis on elderly people as actors rather than passive recipients of legal acts. The protective and enabling functions of the law are thus both relevant to the needs of elderly people. The author scrutinized three kinds of proposals and every proposal has its own merit. Because the important thing is, however, the idea of the system, the author proposed a German-type system.