후견법인의 역할과 기능에 관한 입법적 제안: 후견제도 운영 주체로 설정할 필요성을 중심으로

Abstract

Under the new adult guardianship system, which was introduced by the Adult Guardianship Act 2011 (the Revising Some Part of Civil Code Act), legal person can be appointed as a guardian. This paper deals with the necessities not only of opening to legal persons the possibilities of providing guardianship services including supervisory guardianship services, but also of letting legal persons participate in the operation of the new adult guardianship system. The operation of guardianship system can, by its nature, be subject to family courts and an administration department, whose proper candidates can be ministry of health and welfare and ministry of justice, but which this paper premises is ministry of health and welfare. In this regard, this paper suggests that even though it is necessary for legal persons to be invited to participate in the operation of adult guardianship system, the provision of guardianship services cannot be restricted to legal persons which are invited to participate in the operation of guardianship system. In other words, it in unnecessary to regulate the qualification of legal persons eligible for the provision of guardianship services by special acts. The provision of guardianship services is open to all the legal persons, regardless of whether non-profit organization or for-profit organization. On the other hand, Moreover this paper suggests that the choice and role of legal persons which are invited to participate in the operation of guardianship system be regulated in each social welfare laws relevant to persons with dementia, persons with developmental disabilities and persons with mental illness. For supporting the arguments it suggests, this paper introduces the role models from UK, Germany, Japan, Taiwan and Korean practices.