장애성년후견제도 도입에 관한 소고

In Korea, incompetence system under the current civil law is rigid since it can provide two types. They are incompetent and quasi-incompetent. There are hardly anyone who use this system. Because there are resistance and social prejudice against the words such as incompetent and quasi-incompetent. In addition, it is not properly classified the facts that there are various degrees of mental judgement and protection needs based on each individual. There are the mentally disabled more than twenty thousands in Korea. They need the adult guardianship. They are need of legal protection and social welfare services. But the current guardianship under the civil law does not provide enough righteous protection and welfare supports. And the current guardianship is not considered variety of the mentally disabled. The mentally disabled has variable quality in his intelligence level and judgement capacity. It is worthy of respect that The mentally disabled has a right of self-determination. In this respects, the adult guardianship law system for the disabled is needed and especially for the mentally disabled it seems to be one of welfare service programs.