2009년 12월 11일 한양대학교 법학연구소 학술대회 : 「주요법 개정의 현황과 문제점」-민법, 형법, 상법, 개정의 쟁점과 관련하여- ; 성년후견제도의 도입과 과제 = Prospect on the Adult Guardianship System in Civil Law Reform Bill

다국어 초록 (Multilingual Abstract)

In Feburary 2009, the Civil Law Revision Council decided to address the problem of guardianship for mentally incapacitated adults. As a result of the council`s findings, it issued advance notice of partly new revised Civil Law to regulate guardianship (hereafter referred to as the Adult Guardianship Law Bill) on 18 September 2009. And the Ministry of Justice held a public hearing on the new bill on 31 September 2009. The overall aim was to allow mentally incapacitated adults to live as normally as possible, by amending the flaws in the existing law concerning their rights. Our Bill consists of 4 guardianship system; comprehensive guardianship, limited guardianship, special order and voluntary guardianship contract. The guardianship system will serve well as a citadel for the incapacitated. Though the Bill grant authority to guardians to decide simple medical treatment, making important medical decisions such as euthanasia and informed consent would be the top priority for the Civil Law. And there are many problems to solve such as wide publicity, notarization, financial resources, and so on. In addition, custody in the Bill, based on the Voluntary Guardianship Contracts System, gives a voluntary guardian no authority to make decisions concerning medical treatment accompanied by critical procedures, or medical decisions which terminate the principal`s life. Suggestions either to bring this area of decision-making under court supervision, or draft new legislation were also made. In my view, much more debate and necessary legislative measures are necessary on this area from now.