친족성년후견인의 역할에 관한 비교법적 연구 - 근친의 법정대리권을 중심으로 -

The current adult guardianship system in Korea consists of judicial guardianship, which is commenced by a decision of family court, and guardianship contract between the parties. However, there are a few countries which have established a third type of guardianship system i.d. guardianship by statutory provision, in which a close relative of the adult becomes automatically the guardian for certain affairs of the adult. In some countries a close family member is authorized to act on behalf of the person, especially within the realms of medical care. In other countries a family member is also authorized to administer property of the adult. Considering that family members are often appointed as guardians of adults in practice, this system is not only a reasonable alternative for the individual and their family, but can also reduce the cost of guardianship invested by the state. However the fact that the court does not appoint the guardian would increase the likelihood that the person's interests will be violated by the guardian who abuses the power. This article analyzes the legal systems of Norway, Switzerland, Austria, France, and Germany, all of which provide guardianship by a close family member and researches how these countries handle the issues and what problems they still have. From the comparative legal study I will try to draw useful implications for our own adult guardianship law.