일본 성년 후견 제도의 개혁을 목표로 - 임의 대리의 활용 가능성

Oka Takashi 아주대학교 법학연구소 2017 아주법학 Vol.11 No.1

In this article, we examined the direction of amendment of the Japanese law with reference to the Austrian secondary adult protection law enacted in April 2017 and enforced from July 1, 2018 for Japan's adult guardianship system . There are many issues to be considered based on the current situation in Japan, but first I would like to make use of arbitrary substitution or arbitrary guardianship. Many elderly people will have the ability to decide by the new Austrian law ("will ability" under Japanese law). If we can understand the meaning of authorization concerning specific specific affairs, we will conclude an agency contract for arbitrary representation right about persons who can trust himself and his affairs, and let the agent perform acts while assisting agent. This seems to be the most desirable. Next, in cases where there is no intention to authorize the principal, even if there is a capability but it is impossible to find an appropriate agent, when administrative processing is necessary for the principal, the statutory guardian system is used It will have to be. However, there is no need for the typology theory like the current Japanese law, and it will suffice to consider only the guardianship type. Appointment of a guardian should be made by the person 's petition or ex officio. The duties of the guardian should be specifically limited and limited to the minimum necessary, and the term of office should also be set. As a general rule, his / her ability to act is not limited. As with Austrian arbitrary adult representative, guardians must act on himself to act as much as he can. As in the current law, "consent of the guardian should not be necessary for purchase of everyday items and other acts concerning daily life". However, as in the case of an adult on behalf of the selection of a court, as long as it is necessary to avoid serious and significant danger to the principal, the consent of the guardian should be required for the act within the duties of the guardian (Austrian law Then, this is called "reservation of consent"). The author's proposal will allow cases where the ability of the principal's ability to act is restricted, but I believe that by narrowing down the requirement in this manner, it conforms to Article 12 of the Convention on the Rights of the Disabled.。 본고에서는 오스트리아의 개혁을 참고하여 일본 법 개정의 방향성을 검토하였다. 일본의 현상황을 감안하여 검토해야 할 과제는 많지만 우선 어떤 대리 내지 임의 후견의 활용을 도모하고 싶다. 노인의 대부분은 오스트리아 신법에서 말하는 결정 능력을 가지고 있을 것이다. 개별 구체적인 사무에 대하여 수권의 의미를 이해할 수 있다면, 본인이 신뢰할 수 있는 사람과 그 사무에 관하여 임의대리권의 수여 계약을 체결하고, 대리인이 지원을 하면서 본인에게 행위하도록 하는 것이 가장 바람직하다고 생각된다. 다음으로, 본인에게 수권을 할 의사 능력이 없거나, 그 능력은 있어도 적절한 대리인을 찾을 수 없는 경우에, 본인을 위해 사무 처리가 필요한 경우에는 법정후견제도를 이용하여야 할 것이다. 다만 현행 일본법 같은 유형론은 필요없이 후견 유형만을 고려하면 충분할 것이다. 그리고 후견인의 선임은 본인의 신청 또는 직권으로 해야 할 것이다. 후견인의 직무는 구체적으로 한정하여 필요 최소한에 그쳐야 억제한다. 원칙적으로 본인의 행위 능력은 제한하지 않는다. 오스트리아의 임의성년자대리인과 동일하게, 후견인은 본인을 지원할 수 있을 뿐, 본인에게 행위하도록 해서는 안된다. 현행법과 같이 ‘일용품의 구입 기타 일상 생활에 관한 행위’에는 후견인의 동의는 불필요하다고 해야 한다. 그러나 법원 선정 성년자대리의 경우와 같이, "본인에게 중대하고 현저한 위험을 피하기 위하여 필요하다면’후견인의 직무 범위 내의 행위에 대하여 후견인의 동의를 필요하다고 해야 한다. 필자의 제안은 본인의 행위 능력이 제한되는 경우를 인정하게 되는데, 이러한 요건을 제한함에 따라 유엔 장애인 권리 협약 12조에 적합하다고 생각한다.

Development of Characteristic Internship Program on Engineering Education

Oka, Tetsuo,Tanabe, Yuji,Abe, Kazuhisa,Narumi, Takatsune,Sato, Takashi,Tsubokawa, Norio,Kaneko, Futao Korean Society for Engineering Education 2014 공학교육연구 Vol.17 No.4

A practice on learn-by-doing career education programs has been operated in Faculty of Engineering in Niigata University from 2006. The purpose of the activity is reduction of early unemployment which is due to the gaps between the situations which university students would expect in their job hunting processes and those of their practical work places after getting jobs. We developed a novel internship program to let the students notice the practical situations of engineers outside the university. A major part of the program is composed of two different kinds of internships and what we call a career design workshop. The characteristic programs are called "Market Internship" and "Technology Internship". In the activities, they are organically connected with each other. In the paper we refer to one of the unique internship programs "Technology Internship", which is characterized as a longer-term practice than usual. In the course of one-month internship practices, the students obtained deeper understandings and closer relationship to the practical work places of the companies than usual internships which last less than two weeks. The students estimated these unique experiences effective for their job hunting in near future.

International Cooperative Activities for the Engineering Education between Otto-von-Guericke-University Magdeburg, Germany, and Niigata University, Japan

Takashi Sato,Lutz Wisweh,Shuichi Sakamoto,Tadaaki Shimizu,Hideki Ikeda,Tetsuo Oka,Yuji Tanabe 한국공학교육학회 2010 공학교육연구 Vol.13 No.5

We report about the international cooperative activities for the engineering education between a German University and a Japanese University. After the experiences for 15 years of cooperation, both in research and student exchange, we learned a lot about the differences between these two educational systems. This report summarizes the differences and the future perspective for the improvement of engineering education based on the understanding of the differences, including advantages and disadvantages, between two educational systems.

International Exchanges for Aspiring Students in Engineering Field

Takashi Sato,Shuichi Sakamoto,Tadaaki Shimizu,Hideki Ikeda,Tetsuo Oka 한국공학교육학회 2012 공학교육연구 Vol.15 No.4

In 1996, the Faculty of Engineering, Niigata University, Japan entered an era of open student-exchange with Otto-von-GuerickeUniversity Magdeburg, Germany. Thus far, more than 50 of our students have devoted anywhere from three months, to an entire year of their courses, to collaborative efforts with fellow students, (-and some cases, the local citizenry) -in their native environment experiencing unfamiliar education systems and cultures.

Short-Term Student Exchanges for Aspiring International Activities of Engineering Students

Takashi Sato,Shuichi Sakamoto,Tadaaki Shimizu,Takamasa Suzuki,Hideki Ikeda,Anja Hopf,Yasushi Goto,Tetsuo Oka,Tomohiro Sasaki,Takatsune Narumi 한국공학교육학회 2014 공학교육연구 Vol.17 No.4

The Faculty of Engineering, Niigata University, Japan, obtained the scholarship in “Short-Stay and Short-Visit scholarshipprograms(SS-SV programs)” for both German and Japanese students in 2011 and 2012. Our short-term student exchange programsproved that a short-term stay in a foreign country worked as an initiator for the students' interest and it strengthen their will tostudy further more in foreign countries.

International Cooperative Activities for the Engineering Education between Otto-von-Guericke-University Magdeburg, Germany, and Niigata University, Japan

Sato, Takashi,Wisweh, Lutz,Sakamoto, Shuichi,Shimizu, Tadaaki,Ikeda, Hideki,Oka, Tetsuo,Tanabe, Yuji Korean Society for Engineering Education 2010 공학교육연구 Vol.13 No.5

We report about the international cooperative activities for the engineering education between a German University and a Japanese University. After the experiences for 15 years of cooperation, both in research and student exchange, we learned a lot about the differences between these two educational systems. This report summarizes the differences and the future perspective for the improvement of engineering education based on the understanding of the differences, including advantages and disadvantages, between two educational systems.

Development of Characteristic Internship Program on Engineering Education

Tetsuo Oka,Yuji Tanabe,Kazuhisa Abe,Takatsune Narumi,Takashi Sato,Norio Tsubokawa,Futao Kaneko 한국공학교육학회 2014 공학교육연구 Vol.17 No.4

A practice on learn-by-doing career education programs has been operated in Faculty of Engineering in Niigata University from2006. The purpose of the activity is reduction of early unemployment which is due to the gaps between the situations which universitystudents would expect in their job hunting processes and those of their practical work places after getting jobs. We developed anovel internship program to let the students notice the practical situations of engineers outside the university. A major part of theprogram is composed of two different kinds of internships and what we call a career design workshop. The characteristic programsare called “Market Internship” and “Technology Internship”. In the activities, they are organically connected with each other. Inthe paper we refer to one of the unique internship programs “Technology Internship”, which is characterized as a longer-term practicethan usual. In the course of one-month internship practices, the students obtained deeper understandings and closer relationship tothe practical work places of the companies than usual internships which last less than two weeks. The students estimated theseunique experiences effective for their job hunting in near future.

A Class of Multiuser Interference Free Modulations Produced by General Orthogonal Modulations

Yasunaga, Takashi,Oka, Ikuo,Ata, Shingo,Fujiwara, Chikato 통신위성우주산업연구회 2004 Joint Conference on Satellite Communications Vol.2004 No.-

Suppression of multiuser interference effects in a frequency-selective fading channel is big issue in mobile communication system. In this paper, a parameter of modulations is discussed to develop new modulations which do not yield multiuser interference in CDMA. The modulations are shown to be in a certain class of general orthogonal modulations. The general orthogonal modulations are based on orthogonal vectors, which are obtained by multidimensional rotations and have parameters of rotation planes and rotation angles. We find the parameters of general orthogonal modulations that preserves orthogonality among users in the frequency-selective channel. The derived parameters express the new modulations, whose transfer matrices are expressed by a Kronecker product of two rotation matrices. We obtain the parameters that maximize constellation distance by computer simulations. Numerical results of distance are demonstrated to compare the performance of widely used CDMA and the new modulations proposed in this paper.

Short-Term Student Exchanges for Aspiring International Activities of Engineering Students

Sato, Takashi,Sakamoto, Shuichi,Shimizu, Tadaaki,Suzuki, Takamasa,Ikeda, Hideki,Hopf, Anja,Goto, Yasushi,Oka, Tetsuo,Sasaki, Tomohiro,Narumi, Takatsune Korean Society for Engineering Education 2014 공학교육연구 Vol.17 No.4

The Faculty of Engineering, Niigata University, Japan, obtained the scholarship in "Short-Stay and Short-Visit scholarship programs(SS-SV programs)" for both German and Japanese students in 2011 and 2012. Our short-term student exchange programs proved that a short-term stay in a foreign country worked as an initiator for the students' interest and it strengthen their will to study further more in foreign countries.

International Exchanges for Aspiring Students in Engineering Field

Sato, Takashi,Sakamoto, Shuichi,Shimizu, Tadaaki,Ikeda, Hideki,Oka, Tetsuo Korean Society for Engineering Education 2012 공학교육연구 Vol.15 No.4

In 1996, the Faculty of Engineering, Niigata University, Japan entered an era of open student-exchange with Otto-von-Guericke-University Magdeburg, Germany. Thus far, more than 50 of our students have devoted anywhere from three months, to an entire year of their courses, to collaborative efforts with fellow students, (-and some cases, the local citizenry) -in their native environment experiencing unfamiliar education systems and cultures.