일본의 임의후견계약의 유형에 따른 문제점과 우리나라의 시사점

According to the data by the Korean Statistical Information Service, Korea has got into an aging society, and it will enter the super high aged society within a couple of years. This means that the aged over 65years old will be more than 20% of whole population. If such aged ability of the logic of the situation will decline due to such Alzheimer’s disease, the problem of his property management and protection of his body will come up. On Korean Civil Law, if it is so, one could prepare for the situation in which one’s mental ability declines with delegation contract, however, it is useless as one couldn’t manage and control a nominee. Therefore, the voluntary guardianship system is to promote the protection for one, as one could make a contract for his property management and protection of his body for the situation when one’s mental ability will decline in the future and a nominee could be controled by a public institution when one’s mental ability declines. However, actually, we couldn’t say which problem will happen because Korea hasn’t been enforcing the voluntary guardianship system for very long. As we review the case of Japan where has been enforcing voluntary guardianship 10years earlier than Korea, we could predict a problem in advance and will handle. Therefore, this article examined a problem depending on the types of the voluntary guardianship system in Japan, and had comparative consideration of how they try to handle the problem.