• Title, Summary, Keyword: Adult Guardian

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In the information age, the significance and improvement of adult guardianship system for people with developmental disabilities (정보화시대에서 발달장애인의 성년후견제도에 관한 연구)

  • Choi, Sun-Koung
    • The Journal of the Korea institute of electronic communication sciences
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    • v.9 no.4
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    • pp.483-490
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    • 2014
  • This research intends to analyze the implications of current adult guidance system from an angle of people with developmental disabilities in an sudden changed information age. Through it, this research intends to seek improvement of adult guardian system for people with developmental disabilities, a main group of the system, from an angle different from the aged. It focuses on significance and improvement for the significance of adult guardian system for people with developmental disabilities, which are weak for self-decision. Furthermore, for the improvements, this system should be able to be information exchange and communities through the using internet in the cyber space.

The Adult Guardianship and Medical Issue According to the Amendments of Civil Code (성년후견과 의료 -개정 민법 제947조의 2를 중심으로-)

  • Park, Ho-Kyun
    • The Korean Society of Law and Medicine
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    • v.13 no.1
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    • pp.125-153
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    • 2012
  • The adult guardianship system has been introduced through amendments of Korean Civil Code for the first time in the March 2011(Act No. 10429, 7. 1. 2013. enforcement). The adult guardianship system has the main purposes to provide a lot of help vulnerable adults and elderly, and protect them on the welfare related with property act, treatment, care, etc. There could be a controversy about whether the protection Legal Guardian's consent(formerly known as the Mental Health Act) or permission of the Family Court(revised Civil Code) are required to, or the Mental Health Act should be revised, when mental patient will be hospitalized forcibly. The author proposes that mental patient with Adult guardians should be determined by Legal Guardian's consent and approval of the Family Court, but mental patient without Adult guardians could be determined by Legal Guardian's consent. The issue of Withdrawing of life-sustaining treatment could be occurred due to the aging society and the development of modern medicine, and this has provided difficult, various problems to mankind in Legal, ethical, and social welfare aspects. The need of Death with dignity law or Natural death law has been reduced for a revision of the Civil Code. Therefore, on the issue of Withdrawing of life-sustaining treatment, in the future, intervention of the court is necessary in accordance with the revised Civil Code Section, and Organ Transplantation Act and the brain death criteria may serve as an important criterion.

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Trends of Japanese Adult Guardian's Type and Its Implications for Korea (일본 성년후견인의 유형 동향과 한국에의 시사점 -강산(岡山)지역의 법인후견을 중심으로-)

  • Jeon, Byeong-Joo;Kim, Keon-Ho
    • The Journal of the Korea Contents Association
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    • v.13 no.4
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    • pp.187-197
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    • 2013
  • The incompetency and quasi-incompetency system regulated legal incompetence in the past is insufficient for protections of the adults with insufficient abilities of judgement, the criticism has been continued that the system is not efficiently respond to their rights and legal relationship formation. At last, the government introduces adult guardianship system through revising the civil law. At this point, just several months prior to the enforcement of adult guardianship system, we should be prepared to issues which may occur in the actual operation of the system. Japan has high similarities in social and culture matters with Korea and in the general operation of its adult guardianship system is similar to Korea's, Therefore, Korea should be prepared for the basis to implement the optimized system through in advance understanding the trend in Japan. The study reviews the trends of Japanese adult guardian's type, and draws suggestions for Korea by finding activity requirements and subjects focusing on the currently increasing corporation guardiancy.

An Educational Program Development for the Children's Guardian with Cochlear Implants (인공와우이식 환아의 보호자를 위한 교육프로그램 개발)

  • Jang, Myung Youl;Ko, Hyun Jung;Yoo, Je Bog
    • Journal of Korean Clinical Nursing Research
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    • v.21 no.2
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    • pp.243-251
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    • 2015
  • Purpose: The aim of this study was to develop an educational program for the children's guardian with cochlear implants in order to provide knowledge and information about cochlear implants. Methods: The educational program was developed based on a literature review, potentially relevant website analysis, and validation by an expert group. Two out of twenty-two educational items under four domains that had item-level content validity index (CVI) greater than 0.8 by the ten experts were finally selected and used. After the children's guardian participated in this educational activity through a specially designed booklet and DVD, the effectiveness of the program was evaluated. Results: A total of 8 children's guardian participated in the program. Their knowledge levels significantly increased after participating the program (mean $15.0{\pm}3.02$ vs. $19.0{\pm}0.93$, Z= 2.371, p=.018). Satisfaction levels with the program was high, $4.1{\pm}0.87$ out of 5. Conclusion: This newly developed educational program for the children's guardian with cochlear implants is proved to be effective and can be used in nursing practice. In addition, the participants seemed to be satisfied with the program. Furthermore, this program may also improve the effects of adult with cochlear implants.

A Review on Consent to the Medical Treatment in the case of Foreign Determination (의료행위와 대리승낙)

  • Lee, Seok-Bae
    • The Korean Society of Law and Medicine
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    • v.15 no.1
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    • pp.303-333
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    • 2014
  • The right to self-determination in regard to one's body is a key element of human dignity, privacy and freedom. It is constitutionally enshrined in the guarantee of human dignity, in the general right of personality and, most concretely of all, in the right to physical integrity. In principle No-one may trespass another person's body against his will, whether this act improves his physical condition or not. This right of self-determination applies equally to healthy and to sick people. Hence everyone has the right either to permit or to refuse a medical treatment, unless he can not make a rational decision. If the person does not consent himself, for whatever reason, another one must do for him as guardian. Representation in consent to medical treatment is therefore the exception of self-determination rule. This article explored, 1. who can consent to the medical treatment in the case of the mentally incapacitated adult and the infant, 2. what kind of consent to the medical treatment can the deputy determinate for the mentally incapacitated adult and the infant, 3. when the deputy can not determinate without permission of the court, and 4. what can the doctor do in the case of conflict between minors and guardians.

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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 Comparative Convergence Study on the Perceptions of Disabled Child Carers and Officials on the Adult Guardianship System (장애자녀 보호자와 공무원의 성년후견제도에 대한 인식비교 융복합 연구)

  • You, Su-Jin;Yoon, Sun-Hee;Hwang, Moon-Young;Paik, Jin-Suk
    • Journal of Digital Convergence
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    • v.13 no.6
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    • pp.275-286
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    • 2015
  • This study conducts a comparative study on the perceptions of disabled child carers and officials on the Adult Guardianship System, and study the settlement method. First of all, 68.9% of the disabled child carers and 43.9% of the officials were aware of the system. Both the carers(90.2%) and officials(94.3%) responded that it was a helpful system for the respect for human rights. In terms of preferred guardian type, carers responded 'parents' and officials responded 'professionals'. All respondents responded that the 'establishment of national organization' was the most needed improvement of the system. In order for the Adult Guardianship System to stabilize as the system that can contribute to respect for human rights and social integration, promoting general public about the Adult Guardianship System, cultivate a high quality public guardian, the national organization of the Adult Guardianship System should be founded.

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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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.

A Comparative Study on perception of Consumer parents and Service Provider on the Adult Guardship System (성년후견제도에 대한 성년후견수요자의 부모와 서비스 제공자의 인식 비교 연구)

  • Chun, Dong Il;Kim, Kyoung Ran;Je, Cheol Ung
    • Journal of Digital Convergence
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    • v.11 no.4
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    • pp.11-23
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    • 2013
  • Adult guardianship system is about to launch in July 2013 in South Korea. For its successful first step, this study examined social awareness on the adult guardianship system and compared the awareness of parents and the awareness of service providers in the handicapped adult guardianship program to draw political implications on how to improve the system. As a result, this study found that people had higher awareness on adult guardianship (78.9%) but their understanding was lower (35.2%). Secondly, prospected guardians were found to have stronger demand on hospital use and financial management than on their asset management. About 63.3% of them showed an intention to use the system in the future. Lastly, both parent group and service provider group were found to have awareness at a similar level to each other on civilian guardian types, cost, who to bear coat and how much, and details of the program.