성년후견제도 도입을 위한 법무부 입법안의 개선에 관한 연구

Korea is faced with an aging society now. Those who need property management and personal care will increase. Many countries has been legislated the adult guardian system like Germany, France, Englad and JapanSep. 2009, MOJ(Ministry of Justice) proposed Legislations for Adult Guardian System which is classified three types. They are guardianship for adults, limited guardianship, specific guardianship. As of June 2010, Legislative and Judiciary committee is carrying the deliberation on the bill. Its aim is to help the intellectually disabled for self-determination and to support them. Our Civil Law is not proper to guard aged people in legal consideration. The newly emerging concept of adult guardianship is embodied in amendments and an addition to the Civil Code, plus a new piece of legislation, the Voluntary Guardianship Contract System. This study aims to propose improvement of MOJ Legislations under the principles such as protection of principal, respect of self-decision, utilization of remained competence, normalization, protection depending on supplement and necessity, private conservatorship and partial conservatorship. The educational institutions system should be prepared for the third party guardians. and the government should provide adult guardian with fitting fee.