고령사회에서 성년후견제도와 신탁 - 신탁의 기능과 활용을 중심으로 -

In the aging society it is an important and urgent issue to protect and support the aged by legal institutions. From this perspective the revised Korean Civil Code introducing the new guardianship system is worthy of notice. It provides 4 kinds of guardianship: full guardianship, limited guardianship, specific guardianship, and guardianship contract. But the requisites of each guardianship, the procedure and the effects are insufficient for protecting the assets of the aged and sometimes can be obstacles in using the guardianship system for that purpose. Trusts are very flexible devices for structuring the benefits that property can provide as well as protecting the assets. So trusts are useful for the aged who look for ways to protect and manage assets according to their needs and succeed them. It also makes sense to create a trust for the disabled for whom one is responsible and for whom one fears after one’s death. Trusts are already considered as an alternative to guardianship. Moreover if trusts and guardianship system are combined, the utility of each institution can be maximized. Especially the combination of guardianship contract and trusts will improve the individual’s autonomy and right of self determination which are the main object of the revised Korean Civil Code.