헤이그성년자보호협약에의 가입가능성 모색을 위한 해석론적 고찰

Today's aging population in the world as well as in the country is combining with the gradually increasing international movement. Thus, there was a rise in the necessity of providing protection in international situations as for a adult who is not in a position to protect own interests due to the impairment or insufficiency of personal faculty. Accordingly, the Hague Convention on the International Protection of Adults confirmed that the major consideration is a respect for the interests, dignity and autonomy of adults with recalling the importance of international cooperation for the adult protection while avoiding conflicts between legal systems pertinent to jurisdiction, applicable law, recognition and enforcement of the measures for the adult protection. Therefore, this study understands the foundation background and significance in the Hague Convention on the International Protection of Adults, clearly suggests the purpose and application scope of the said Convention, and is addressing with dividing it into jurisdictional regulation, applicable law provision, recognition and enforcement regulations, cooperation regulation, general provisions, and final clauses according to the specific contents of the Convention. This is leading to putting into shape by analytically approaching the discussion process and the detailed contents for adult protection of having been progressed in the Hague Convention on the International Protection of Adults in the meantime. Aiming at acceding to the Hague Convention on the International Protection of Adults, first of all, there is a need to overhaul domestic laws to protect adults such as the Adult Guardianship Act. The applicability of Private International Law still remains in the relationship with non-contracting countries. Thus, the adjustment of Private International Law regulations related to adult guardianship should also be preceded. Our country is now considered to have been achieved some basic prerequisites under domestic law in order to discuss the accession and implementation of the Convention. With regard to what will need to be discussed in general for our country to increase the possibility of joining the Hague Convention on the International Protection of Adults in the future, first, the necessity of joining the Convention must be clearly recognized. A further in-depth research on the overall contents of the Convention needs to be preceded. In addition, the organic and comprehensive understanding is seen to be necessary with many existing conventions related to the adult guardianship including the said Convention. And a multilateral inquiry will have to be continued even as for the appearance of enactment in the domestic enforcement act and its major contents in terms of implementing the Convention. This study is desired to likely become an opportunity of positively seeking its possibility so that our country can join the Convention.