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학술논문가족법연구2010.07 발행KCI 피인용 99

민법 개정안에 따른 성년후견법제

The legal protection of vulnerable adults according to the new draft of the government

김형석(서울대학교)

24권 2호, 111~166쪽

초록

The provisions of the Korean Civil Code for the protection of vulnerable adults (judicial interdiction, limited judicial interdiction) have been criticized for their flaws. So many proposals for a extensive reform were brought about. In the face of these voices, the amendment of the Korean Civil Code prepared by the government was presented to the Parliament. In this article, the author attempts an introduction to the proposed law according to the amendment. Its structure and main features are outlined, followed by a detailed analysis of individual protection measures (guardianship for adults, limited guardianship, specific guardianship, contract of guardianship). The amendment in the end is assessed as a successful reform proposal which, retaining the continuity of the Civil Code, reflects new legislational trends to protect vulnerable adults.

Abstract

The provisions of the Korean Civil Code for the protection of vulnerable adults (judicial interdiction, limited judicial interdiction) have been criticized for their flaws. So many proposals for a extensive reform were brought about. In the face of these voices, the amendment of the Korean Civil Code prepared by the government was presented to the Parliament. In this article, the author attempts an introduction to the proposed law according to the amendment. Its structure and main features are outlined, followed by a detailed analysis of individual protection measures (guardianship for adults, limited guardianship, specific guardianship, contract of guardianship). The amendment in the end is assessed as a successful reform proposal which, retaining the continuity of the Civil Code, reflects new legislational trends to protect vulnerable adults.

발행기관:
한국가족법학회
분류:
법학

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민법 개정안에 따른 성년후견법제 | 가족법연구 2010 | AskLaw | 애스크로 AI