노인부양을 위한 사적 부양제도의 개선방안

As the aging population surges due to low fertility and aging, most countries expect to enter the Super-aged society in 10 to 20 years. There will be a high possibility that a small number of working age population will have a burden to support a large number of elderly people in the Super-aged Society, resulting in a slowdown of national economic growth rate and a decline of national competitiveness. Moreover, elderly people will face poverty as they don't plan for their later years. Therefore, the problem of supporting elderly people is a national task that should be urgently resolved in order to prepare for the Super-aged Society. The government has to cooperate with people to solve this problem. So, I attempt to suggest solutions by improving laws and policies that are related to private support systems for elderly people after reviewing problems. When it comes to private support systems, I pointed out some problems in provisions of civil law such as obligation of support between lineal relative by blood, gift, adult guardian and contributory portion regarding support for elderly people. First, when adult children don’t support their parents, it is difficult to force adult children to support them. Second, after parents give their property to their children, they can’t return it. Third, elderly people is not easy to access to adult guardianship system due to expense and process. Fourth, contributory portion system is not enough to support elderly people. To solve this issues, I suggest ways. First, obligation of support of adult children for their parents should be regulated distinctly in civil law. To force adult to support their parents, we should apply article 389 under civil law analogically. Second, when a donor cancels a contract of gift due to donee’s breach of faith, article 558 under civil law should be amended in order for them to get a gift back. Third, the public guardianship system should be expanded in order for poor elderly without family to use adult guardianship system easily. The guardianship of the corporation should be activated so that the elderly get a stable guardianship service. Fourth, the surving spouse of an inheritee should have a right to receive part of the inheritee’s property which were increased during their marriage life according to the period of marriage. Even if the marriage is finished due to the death of spouse, the surviving spouse should have a right of claim for division of matrimonial property.