고령자・장애인을 위한 권익옹호・의사결정지원 서비스 전달체계 구축의 필요성 - 후견지원과 후견감독의 기능적 역할 분담의 관점에서 -

In the 2011 revised Civil Code, the guardianship supervisor who performs routine preventive guardianship supervision has become arbitrarily institutionalized, and in the practice of family courts, unless there are special circumstances, a guardianship supervisor is often not appointed. The human and material preparations for the increased supervisory role of family courts have been insufficient, resulting in insufficient daily supervision, which has created a gap in daily preventive supervision in many guardianship cases where a guardianship supervisor is not appointed. With the cumulative increase in guardianship cases in the future, guardianship supervision cases are expected to become a significant burden on family courts. To fill this gap in daily supervision, advocacy for the rights and interests of persons with impaired decision-making ability as socially vulnerable persons in the community and support for their decision-making should be provided as a public social service. It is necessary to establish a public guardianship service delivery system as a new social service to advocate for the rights of people with impaired decision-making ability and support their decision-making. The public guardianship service delivery system as the guardianship supervisor in the community, should be functionally divided into preventive supervision of the daily guardianship activities of the guardian and support such as counseling and advice on daily guardianship activities in essence, except for corrective sanctionary supervision, which is the responsibility of the family court. It shall develop a guardianship corporation to be the main body for the delivery of community guardianship services. And through cooperation with the fostered guardianship corporation, it shall conduct education and training, identification and matching, guidance and counseling, advice, and monitoring of guardianship candidates. It shall play a central role in the protection and support of the persons under Adult guardianship in cooperation with family courts and local governments.