고령화사회에서의 노인학대에 대한 형사법적 대처

In recent years the older persons in Korea are living longer than ever before and in greater numbers than previously experienced with advances in medical research, nutrition, and health care. But reported cases of elder abuse are increasing as older persons live longer. The older person might be easily subjected to being a pray of the crimes more than the younger, because the older person usually is becoming weaker and weaker gradually. The older persons are usually reluctant to report the elder abuse, because the perpetrator of abuse is a member of their family in many cases. In those cases older victims are afraid of being broken off from the family members for his or her abuse report. In some cases older victims are not able to report the abuse, because the older victims suffer from physical and cognitive disabilities. In these situations there are considerable difficulties in detecting and punishing the abusers as well as in supporting the older victims. The perpetrator of elder abuse is usually subjected to the criminal sanctions. Through the criminal sanctions the criminal justeice system aims to detect the abusers and to reform and rehabilitate them. But in that way there is no place to help and support the old victims. The elder abusing situation recurs again, because the elders who suffered from mistreatment remain in the same circumstances or same places including the health care facility and home. In that way there would be no problem solving against the elder abuse. In order to cope with the elder abuse appropriately, it is necessary to raise up the reliability of the criminal justice system and to ensure a more sufficient support for older victims. It is also necessary to construct a integrated support system for elders, which deals the elder abuse case, offers medical care for elder abuse victims and advises to elders who care about the financial exploitation problems.