민법개정안의 성년후견제도와 피후견인의 신상보호

From the close of the 20th century to 21st century, many countries in the western nations have established the adult guardianship system through reconsidering the legal incompetence system that causes public opinion demanding revision or abolition of that system. According to public opinion, Ministry of Justice set to revision work with great eagerness and presented a revised bill (Civil Law) to the Assembly. The subcomittee passed the bill in January 11st, 2011. At last, the legal incompetence system will be fully eliminated in July 1st, 2013. Characteristic of the adult guardian is as follows; firstly, by altering the concept of capacity -so called ‘all or nothing’- in the legal incompetence system of current Civil Law into a “relative” one, the bill set value on remaining capacity; secondly, according to his/her remaining capacity, his/her own decision on his/her affairs will be respected; thirdly, contrary to what the legal incompetence system set value on managing properties, the adult guardian system emphasized the “personal welfare”. However, the clause 5, Art. 947-2 was eliminated in the process of tuning many bills on the adult guardian system. It is really regrettable that the subcommittee eliminated the clause which concerns the wholeness of the ward's body, freedom to reside and right to move, correspondence, freedom of residence, a serious infringement of privacy.