• 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.

• 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.

• Korean Journal of Social Welfare
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• v.64 no.4
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• pp.311-336
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• 2012

Under the Korean mental health circumstances where familistic culture is predominant and social resources are limited, siblings are an important presence that effect chronically mentally ill people's lives. Despite this fact, our society in some aspect overlooks their importance. Therefore, this study is focused on the role of siblings as caregivers of chronically mentally ill adults and is conducted to understand the relevant process and types of how siblings fulfill the role of caregivers. In order to achieve this goal, data was collected from nine study participants through individual interviews and focus group interviews and its contents were analyzed according to Grounded Theory. The results revealed that the siblings' experiences as caregivers of chronically mentally ill people were mainly categorized as 'carrying painful memory, responsibility, and concern about the obscure future of the mentally ill sibling and finding a caring role different from those of parents.' Moreover three types of sibling caregivers were recognized: 'reality-adapting, obligation fulfilling' type, 'sacrificial self-responsibility fulfilling' type, and 'growing guardianship creator' type. This research aimed to vividly deliver the voices of research participants and proposed social support and permanent planning services based on the experiences and desires unique to siblings.

• Korean Journal of Comparative Education
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• v.24 no.3
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• pp.199-226
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• 2014

The aim of this study was to determine key experiences of homestay guardians of unaccompanied minor Korean adolescents studying abroad in the United States through qualitative research method of grounded theory methodology. This study identified guardianship experiences and the process of adjustment to life with homestay students through in-depth interviews with 12 subjects who are Korean guardians in the United States. The results of this study classified "started with concern" as a category that leads guardians to start providing homestay accommodation, and "other's recommendation," "need for financial support," and "unexpectedly" as subcategories. This study identified "act as a mediator to resolve differences" as a key experience of guardians, and classified subcategories are "parental role" and "calculation of gains and losses" on a personal level; and "feel sorry for own children," "limited leeway of the family," and "formation of relationship between own children and homestay students" on a family level. Developed subcategories are "thirsty for attention," "vulnerability," "task on freedom and control," and "regrettable feeling in the absence of communication" with respect to relationship with students; "grade expectations," "one-way communication," "trapped between parents' and students' demands" in regard to relationship with parents; and "advice from school" in the aspect of school. "Cultural difference," "preparedness of students and parents," "age differences between guardian's children and students," "family support," "similar personalities," "guardian's motivation," and "parent's attitude" are subcategories that affect central phenomenon of guardians.