독일법상 피성년후견인의 收容에 관한 고찰

Care and Control system(Betreuungsrecht) has been come into force since 1992 in Germany. There is a clause for confinement of the person under care by protector, which involves deprivation of his freedom, in that law(§1906). Confinement in German Law is to confine the person in restrictive hospitals or facilities with deprivation or restriction of one’s freedom, and measures like confinement is to let the person under care live in institution, a home or other facility, without being confined and his freedom is for a longer period or regularly restricted by mechanical means, medication or in some other manner. It may be included in the Confinement to enclose a house with a wall or to keep an eye on a person’s movements and doors. It is the key points that the meaning of confinement says all the measures to restrict or deprive the person of freedom. And it is more important to keep the balance in protecting the person himself/herself under care and protecting his/her human rights. In Germany, the confinement procedures are prescribed below the FGG §70. There are so detailed provisions on the confinement procedures in FGG for the purpose of the protection of his/her human rights. In comparison with the Mental Health Act of Korea, the author thinks, the confinement procedures in German Law are more good for the person under care. Therefore to describe the confinement procedures in FGG is meaningful and very suggestive.