• Title, Summary, Keyword: Adult Guardianship System

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Challenges and outlooks Following to the Interoduction of adult Guardianship System (성년후견제도 시행에 따른 과제와 전망)

  • Park, Jong Ryeol
    • Journal of Digital Convergence
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    • v.11 no.3
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    • pp.157-164
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    • 2013
  • Current in Korean Civil law, it regulates the Limited Guardianship and Specific Guardianship as an incompetent person. And as amending the Civil Law, the New Adult Guardianship System passed by the National Assembly on February 18 and it will be fully implemented from 1 July 2013. Therefore, in current law, the supplementation for various disqualifications about quasi-incompetence and incompetence is need. Because, the system of quasi-incompetence and incompetence will abolished from July 1. Thus, for the successful implementation of the Adult Guardianship System, laying the various legal groundwork and should be maintenance as soon as possible the each legislation associated with the revision of the Civil Code to fit the purpose of the New Guardianship System. So, in this paper, it will examine the several ways to amend the disqualification due to the introduction of the limited guardianship, adult guardianship system and prepare the reasonable legal model.

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.

A Study on Cost Problem in Adult Guardianship System (성년후견제도에서의 비용문제에 관한 소고)

  • Jeon, Byeong-Joo;Cho, Do-Yeon
    • Journal of Digital Convergence
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    • v.11 no.9
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    • pp.1-11
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    • 2013
  • The adult guardianship system took effect from July 2013, to protect adults who need protection due to insufficient ability to judge. Even though many problems are founded in countries like France and Japan which perform Adult guardianship system, they are promoting practical settlement of system and protection of the adults requiring protection through continuous supplementation of system. It is essential to solve cost problem for successful establishment of adult guardianship system because reasonable control of social security expenditure, in an aging society, is a common task for all countries. Therefore, in this study, cost problem occurred in the enforcement of adult guardianship system is to be examined and through these findings, several strategies were suggested to solve it in Korea.

Major Factors Influencing the Usage Needs for the Adult Guardianship System in Parents of People with Developmental Disabilities (발달장애인 부모의 성년후견제도 이용욕구에 영향을 미치는 요인)

  • Lee, Yong-Pyo;Song, Seung-Yeon
    • The Journal of the Korea Contents Association
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    • v.16 no.6
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    • pp.334-344
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    • 2016
  • The purpose of this research is to investigate usage related predictors to activate Adult Guardianship System of People with Developmental Disabilities. To achieve the purpose of this research, we have analyzed the survey of parents of People with Developmental Disabilities usage needs for Adult Guardianship System which is based on the Andersen's behavioral model. The study utilized data from 2011 Welfare Needs Assessment of Seoul middle and senior-aged Family with Developmental Disabilities, and the analysis method, the study applied used SPSS 22.0, frequency analysis, descriptive statistics analysis, logistic regression analysis. According to the result, the usage needs for Adult Guardianship System increases meaningfully if the parents does not have occupation, and the subject of Adult Guardianship System is male. In income and the social security system wise, the usage needs for Adult Guardianship System show remarkably large rating if the average income is high and the desire to be cared by others is high. But in case of People with Developmental Disabilities, communication skills, the degree of disability, burden of caring does not have effect on the usage needs for Adult Guardianship System. The conclusion for this research is, first, to activate vigorous usage of Adult Guardianship System, the government intervention is required. Second, the following study is needed to explain to the concept of the needs caring by others and the cultural factors relating to the usage needs for Adult Guardianship System.

A Study on the Method of Legislation on Withholding or Withdrawing of LST -In relation to the introduction of adult guardianship- (연명치료 중단의 입법화 방안에 관한 연구 - 성년후견제도의 도입과 관련하여 -)

  • Lee, Eun-Young
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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    • pp.203-249
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    • 2009
  • It is the so-called Shinchon Severance Hospital Case brought to an end by the decision of the Supreme Court that opened the real discourse of withholding or withdrawing of LST (Life-Sustaining Treatment) in the legal profession as well as medical profession in Korea. Everyone has sympathy with the validity and necessity of legal regulation on withdrawing-including withholding-of LST save the requirements & procedure of withdrawing of LST. In this situation, the legislative bill of amendment to the Korean Civil Law introducing of adult guardianship was pre-announced by the Ministry of Justice on September 18th 2009. The adult guardianship is a guardianship system that supports an mentally handicapped adult to deal with his affairs by support of a guardian. The object of adult guardianship includes affairs of body or well-being as well as property of adult wards. In particular, affairs of medical matters are of importance in the duty and authority of adult guardians. So, the introduction of adult guardianship is of much importance de lege lata as well as de lege ferena in the discussion of withdrawing of LST as a medical treatment. Since the legislation on withdrawing of LST intents to protect the right of death with dignity on the basis of patients' autonomy, the ratio legis of withdrawing of LST is variant from that of adult guardianship. In this context, it seems reasonable to legislate the withdrawing of LST separately from the adultguardianship. In the meantime, the adult guardianship of the legislative bill of amendment to the Korean Civil Law is related to the withdrawing of LST, since the main purpose of adult guardianship is to protect patients' quality of lives and to regulate guardianship contracts based on patients' autonomy. In that context, it seems reasonable to incorporate the legislation of withdrawing of LST into the adult guardianship system. In the latter case, it is not easy to adopt the withdrawing of LST into the legislative bill of the Korean Civil Law for the bill is pre-announced already as previously stated. However, the legislation of withdrawing of LST is not inferior to the legislation of adult guardianship as a matter of urgency. Moreover, it is likely that the legislative bill of Amendment to the Korean Civil Law generates discrepancies in interpretation of the requirements & procedure of withdrawing of LST as the amended German Civil Law did. In short, it is desirable for the legislator to revise the legislative bill despite delay.

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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 Study on Activation of Citizen Guardians in Aging Society (고령화 사회에 있어 시민후견인의 활성화 방안 -일본의 문제점과 시사점을 중심으로-)

  • Jeon, Byeong-Joo
    • Journal of Digital Convergence
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    • v.11 no.4
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    • pp.1-10
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    • 2013
  • The adult guardianship system takes effect from July 2013, to protect adults who need protection due to insufficient ability to judge, and help them lead a normal life. It is very important to identify the problems and solutions of the country's through the analysis of Japan that already performs the adult guardianship system, through which there is a need to prepare basis to accomplish the optimal system in advance. It is essential to secure the quality guardians above all, for the successful settlement of the adult guardianship system; the importance of citizen guardians is ever increasing as especially the 'socialization' of the adult guardianship system is supported recently. Therefore, in this study, the trends in the types of the guardians were examined by analyzing the adult guardianship incidents of the Supreme Court of Japan; and the ways to activate the system focused on the citizen guardians.

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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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.

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.