환자 보호자에 대한 민사법적 고찰 - 환자가 발달장애인인 경우를 중심으로 -

안경희 국민대학교 법학연구소 2020 법학논총 Vol.33 No.1

The purpose of this Study is to clarify the concept, legal status and role of patient guardian under Medical Law from a civil legal perspective. Usually is a patient guardian a female family member, who is involved in the intimate care of a patient who is unable to look after him or herself and willingly stays on the hospital premises during the entire period of hospitalisation. Based on the role of this patient guardian, Medical Service Act has several provisions for patient guardian, but does not have a definition of a patient guardian. In contrast, Article 2 subparagraph 2 of the Act on Guarantee of Rights of and Support for Persons with Developmental Disabilities has the following definition provisions for guardians, which may be referred to in interpreting the guardian system under the Medical Service Act: Article 2 (Definitions) 2. “Guardian” means any of the following persons: (ga) A guardian defined by subparagraph 3 of Article 3 of the Child Welfare Act (limited to where a person with a developmental disability is a minor); (na) The guardian of an adult with a developmental disability; (da) A person who is not the guardian of an adult with a developmental disability but effectively protects him/her as a family member defined by Article 779 of the Civil Act or as a person obligated to provide support under Article 974 of the same Act; (ra) A person designated by the head of the relevant local government as the guardian of an adult with a development disability (limited to the period until a guardian referred to in item (na) is appointed), if he/she has no guardian prescribed in item (na) or (da). Assuming a patient with developmental disabilities, issues such as the relationship between the guardian of the developmentally disabled and the guardian of the patient, and in the case of patients with developmental disabilities who should the doctor explain the medical practice and obtain written consent from are clearly revealed. Therefore, in this study, the significance of the patient guardian(II), the role of the patient guardian in Medical Service Act(III) in the case of a developmental disability were reviewed. Based on this, the legal status and authority of the patient guardian(IV) were analyzed from the perspective of civil law. 본연구는 민사법적 관점에서 환자 보호자의 개념, 법적 지위 및 권한을명확하게 밝히는 것을 목적으로 한다. 통상 환자 보호자는 여성 가족 구성원으로, 입원 기간 내내 병원에 머무르면서 자신을 돌볼 수 없는 환자를 간호한다. 의료법에서는 이러한 환자보호자의 역할에 착안하여 환자 보호자를 대상으로 하는 몇 개의 규정을두고는 있으나, 누가 환자 보호자가 되는가에 대해서는 법정하고 있지 않다. 이에 비하여 발달장애인 권리보장 및 지원에 관한 법률 제2조 제2호에서는 보호자에 대한 정의 규정을 두고 있어서 의료법상 보호자 제도를 해석하는 데 참조할 만하다: 제2조(정의) 2. “보호자”란 다음 각 목의 어느하나에 해당하는 사람을 말한다. (가) 「아동복지법」 제3조 제3호의 보호자(발달장애인이 미성년자인 경우에 한정한다) (나) 성년인 발달장애인의 후견인 (다) 성년인 발달장애인의 후견인이 아닌 사람 중 「민법」 제779조에따른 가족 또는 같은 법 제974조에 따른 부양의무자로서 사실상 해당 발달장애인을 보호하는 사람 (라) 성년인 발달장애인 중 나목 및 다목의 보호자가 없는 경우 지방자치단체의 장이 발달장애인의 보호자로 지명하는사람(나목에 따른 후견인을 선임하기 전까지로 한정한다). 환자가 발달장애인인 경우를 상정하면 발달장애인의 보호자와 환자의보호자가 어떠한 관계에 있는지, 의사결정능력이 없는 발달장애인 환자의경우에는 의사가 누구에게 의료행위에 관한 설명을 하고 서면 동의를 받아야 하는지 등의 논점이 분명하게 드러난다. 따라서 본고에서는 환자가발달장애인인 경우에 있어서 환자 보호자의 의의(II), 의료법상 역할(III)을검토한 후, 이를 기초로 민사법적 관점에서 환자 보호자의 지위 및 권한(IV)에 대하여 상론했다.

민법상 성년후견제도에 관한 고찰

황영두 ( Yeong Doo Hwang ) 경성대학교 법학연구소 2011 경성법학 Vol.20 No.2

The guardianship system in the Civil Code had problems such as people`s avoidance of the incompetent person system, shortcomings related to proteges` wellbeing, difficulty in the protection of juristic acts by the aged with low decision making ability, and difficulty in the protection of the disabled. To cope with these problems, the Amended Civil Code introduced the adult guardianship for adults without decision making ability. According to the system, the Family Court rules the appointment of adult guardians in consideration of expertise and fairness. In addition, the existing family council supervision system has been abolished and, instead, guardian supervisors are appointed who play the role of supervising guardians for proteges` well being. Moreover, two or more adult guardians can be appointed in order to prevent a single adult guardian`s arbitrary decision and to make joint efforts for the proteges` well being. Moreover, the guardianship contract system has been introduced newly in order to expand the area of proteges` private autonomy in determining the contents of guardianship through a contract with adult guardians. In case there is an order for the commencement of adult guardianship, the Family Court appoints adult guardians by virtue of its office for the person on whom the order was issued. Particularly as it is allowed for a juridical person to be appointed as an adult guardian, the roles of welfare institutions are expected to increase in the future. Adult guardians become the legal representatives of proteges, and the Family Court can delimit the scope of the authority of legal representation as well as the scope of authorities to make decisions on the protege`s personal affairs. Moreover, an adult guardian supervisor may demand adult guardians to submit reports on their performance of duties and property lists and can investigate the state of the protege`s properties. In order to settle adult guardianship in the future, it is necessary to solve problems related to the expenses adult guardianship. There would be no problem if the protege owns a large amount of properties, but if the protege is poor there should be supports from the state, local self governing bodies, insurance systems, etc. Because a protege`s medical acts are accompanied by risks involving the patients` body and health, such acts and particularly those invasive into the body require the patient`s consent or approval in order to be legitimate. However, it should be stipulated that treatment is possible without consent in life threatening urgent cases in order to prevent undesirable consequences or excessive expenditures. There should be measures to supervise adult guardians and prevent accidents if adult guardians take economic benefits other than just wages from their adult guardianship, or abuse the protege, or cause damage to the properties through negligence. Accordingly, it is necessary to raise experts who are able to carry out tasks related to adult guardianship, to educate involved people, and to develop methods to protect private information on registered cases of adult guardianship. Moreover, personnel in charge of adult guardianship should be secured in the relevant departments of the Family Court and administrative agencies, and unity should be established for proteges among insurance systems, adult guardianship in the Civil Code, and elderly welfare in administrative systems. In order to settle adult guardianship enacted with good purposes such as the protection of proteges` human rights and properties and the protection of their juristic acts as well as their opponents, related laws need to be finalized early through intensive discussions before they are enacted.

후견감독

이영규 한양대학교 법학연구소 2019 법학논총 Vol.36 No.4

On July 1, 2013, a new adult guardian system was implemented to respect the self-determination of those who cannot conduct legal acts on their own due to mental constraints and to help them live with the members of society by utilizing their residual abilities. Considering the relationship between adult guardian and incompetent who help and help with the implementation of the adult review system, even if the adult caregiver fails to comply with the purpose of the system and abuse his or her job performance by seeking his or her own interests, the incompetent does not properly raise objections to it. In this sense, it is necessary to supervise whether the adult guardian performs his or her duties properly. However, the guardian who oversees the new adult guardian system will be the primary guardian and secondary guardian in the family court, which is essential in the case of the guardian but may not have a guardian supervisor as a discretionary agency in the case of the guardian. In such cases, there will inevitably be many problems in the supervision of the guardian, and the role of the family court, the final supervisory body, will grow. In this paper, we will examine the problems related to the current supervision of the guardian and will present the individuality measures, thereby exploring ways to ensure that the rights and interests of the adult guardian are properly protected. 2013년 7월 1일 정신적 제약이 있어 스스로 판단하여 법률행위를 할 수 없는 사람들의 자기결정권을 존중하고, 잔존능력을 활용하여 그들의 부족한 부분을 도와주면서 사회구성원들과 더불어 생활할 수 있도록 새로운 성년후견제도가 시행되고 있다. 성년후견제도가 시행되면서 도움을 주고받는 성년후견인과 피성년후견인의 관계를 보면 성년후견인이 직무수행을 제도의 취지에 따르지 않고, 사리를 도모하는 등 남용하더라도 판단능력이 부족한 피성년후견인은 이에 대해 제대로 이의를 제기하지 못한다. 이런 의미에서 성년후견인이 직무를 제대로 수행하는지 감독하여야 할 필요성이 크다. 그런대 새로운 성년후견제도는 감독하는 후견감독은 1차적으로 후견감독인, 2차적으로는 가정법원에서 담당하게 되는데, 후견감독인의 경우 임의후견에서는 필수기관이지만 법정후견에서는 임의기관으로 함으로써 후견감독인이 없는 경우도 있을 수 있다. 이런 경우 후견감독에 문제가 많을 수밖에 없고, 최종적 감독기관인 가정법원의 역할을 커질 것이다. 본 논문에서는 현행 후견감독과 관련하여 문제점을 살펴보고 개성방안을 제시하여 결과적으로 피성년후견인의 권익이 제대로 보호받을 수 있는 방안을 모색하고자 한다.

中國四川省成都출토 梁代碑像側面의 神將像고찰

金理那(Kim Lena) 미술사연구회 2008 미술사연구 Vol.- No.22

Since the discovery of Buddhist steles from the Liang Dynasty in Chengdu, Sichuan Province in the 1950s, they have frequently been described as representative Buddhist sculptures of the Southern Dynasties, mostly from the Liang Dynasty in the sixth century. These sculptures from Chengdu in particular drew my attention as they feature two standing Buddha images with inscriptions stating that they were made after an image made by King Ashoka of India. The famous sixteen-foot image cast for the Hwangnyongsa temple in Gyeongju in the late sixth century was also known to be modeled after the legendary Buddha image believed to have been sent by King Ashoka. Another important feature of the Liang Dynasty steles is the presence of bodhisattava images holding round attributes with both hands, which I have connected the type as an iconographical model for the Baekje bodhisattvas holding a round jewel with both hands, often called Bongboju bosal (捧寶珠菩薩). Some of these Chengdu steles have been exhibited in recent years in Japan and in the USA, but the exhibition catalogues mostly show only the frontal or rear views of the steles, and not the images on their two sides. Some of them have been illustrated in Chinese publications but the plates are mistakenly identified to a wrong stele. So the purpose of this article is to observe six representative steles whose side figures are grouped mostly into three types of guardians. And this grouping also coincides with the figures on four other steles described in Chinese articles in Wenwu. By observing them, one can find very interesting types unique to these Chengdu steles. Guardian Type 1 This guardian type 1, which I categorize as shenwang (神王), is characterized by a guardian holding a long rod with its lower part shaped with an uneven surface. The image generally wears a shawl over the shoulders which is tied in front and a short skirt. Sometimes the image stands with one leg relaxed. The stele, one from Wanfosi dated 525 (pl. 2-2) and another one from Xi’an road dated 545 (pl. 5-3) belong to this type. Two more steles discovered in the business district of Chengdu, now in the Sichuan Provincial Museum, and two more in the Sichuan University Museum, are also reported to have this type of guardian. Guardian Type 2 Type 2 guardian, which I categorize as tianwang (天王), wears a suit of armor of a half coat with a high-necked collar, together with a rather high headdress. The type is represented both in standing pose and in half-seated pose. The standing one holds a long sword clasped in both hands, a feature similar to directional guardians (pl. 3-2, 3-3, 6-3). The seated guardian with one leg down holds its hands in a praying gesture (pl. 1-2). Guardian Type 3 This type 3 guardian looks very unusual, since it seems to have curly hair, two round, bulging eyes and again holds a long, baton-like stick similar to that seen in type I guardian(pl. 4-2, 4-3). It may belong to the same type as type I but the stele which has this figure on its sides mentions in its inscription that among many figures it has tianyoushen (天遊神), which I believe refers to this figure. While major categories can be largely divided into three, there are still similar types of guardian to type I but they are smaller and are represented on the rear side of the stele, often on either side of the space for the inscription. One interesting observation can be made regarding the type 2 guardian. An independent guardian statue was also discovered at the Wanfosi temple site (pl. 7). The statue also wears a suit of armor with high-necked collar and a skirt similar to the type 2, called tianwang. What is more intriguing is the similarity between these Liang Dynasty guardians and the Japanese four wooden directional guardians in the Golden Hall of the Horyuji temple in Nara (pl. 8). These Horyuji guardians are generally dated to the mid-seventh century and are regarded as the earliest type o

<심포지엄 특집> 고령화 사회와 법 : 성년후견인의 법적 권한과 의무 -의지할 데가 없는 고령자의 신상감호실무에서-

미나가타미치코 ( Minakata,Michiko ) 아세아여성법학연구소 2014 아세아여성법학 Vol.17 No.-

According to the “General situation of the adult guardianship-related cases”, published by Supreme Court General Secretariat Family Bureau, 176,564 people are under an adult guardianship in 2013. In the year 2013 the guardians who are relatives amounted to approximately 42.2% and third party guardians 57.8%. In the year 2012, the number of third party guardians exceeded that of relative guardians for the first time. This tendency is accelerated year by year. When the system of adult guardianship started, relative guardians occupied more than 90% and third party guardians did not even reach 10%. I think that aging and the decrease of the household member is one of the factors that caused the number of third party guardians to exceed the number of relative guardians. According to the National Census of Japan 2010 the elderly people over the age of 65 years old occupy 23.0%(29,246,000)in the total population(128,057,352). The numbers of a family member per household in the densely populated areas are 2.27. 14 years have passed since the new adult guardianship was enforced. Nowadays such problems, disqualification of adult ward, medical consent, legal act after death and complaints, etc. are discussed and the revision of the system is required. These problems concern the right of adult ward as well as the practice of guardianship. The former problems must be solved by the revision of law. Last year, the Public Office Election Law was amended regarding the suffrage of adult ward. On the other hand, I consider that the latter problems can be dealt with by the appropriate interpretation and operation of the ideas of adult guardianship law. What are the legal authority and the obligation of adult guardians? Is it impossible for adult guardians to support the person if they don’t have legal authority? Is there a ground other than legal authority that adult guardians can use to support the person? For three years, as a third party guardian I have closely taken care of one elderly who doesn’t have any kin. The physical custody practice included the tasks of sending her to senior housing, processing her lease, disposing of her real estate, making medical contracts and signing the medical treatment consent on behalf of her, etc. Once a year, I have submitted a guardianship office report to the family court. Mainly based on my reports, I would like to discuss the legal authority and obligation of a guardian. In the last three years, I persuaded her with restraint based on the idea of the law. I have supported her decision-making absolutely according to her subjective interest. When a decision-making is required on behalf of her, I devoted myself to take the leadership in coordinating the people involved in taking care of her. I would like to name such activities as a “close guardian”. Even now, elders without kin are cared by medical personnel, elderly housing staffs, care staffs and an adult guardian. What an adult guardian needs is not an overload of legal authority. What is needed is the competence as a leader to become the cornerstone of the legal and social network. Only such qualities of a guardian can help the elderly and his (or her)family who are isolated from the society due to their disability of making judgment. An adult guardian with such competence can properly evaluate medical personnel, elderly housing staffs and care takers. I believe that an adult guardian is responsible to gain such competences. Finally, I tried to consider a little about the elderlies who have kin. Even under the current law, there are many families who are taking care of elders without resort to adult guardianships. However, in the current system after a guardianship is appointed for one-time act such as heritage division, adult guardianship continues until the elderly dies. As a result, it could lead to suppression of the freedom of the elderly. After using the guardianship as one-time-only juridical act, the adult guardianship must be ended at that time. Specific guardianship system in Korea, which entered into force in July 2013, is very interesting and provides suggestions to solve such problems mentioned above. In Specific Guardianship, an attorney is appointed for one-time-only juridical act, such as heritage division. Specific Guardianship allows its guardianship function to end after such juridical task is completed. The reports submitted by adult guardians to the family court in the last years and in the future could help to develop and improve the quality of adult guardianship system. Only when the elderlies could feel the benefits of the adult guardianship system, the new adult guardianship will be trusted and will be embedded in the society.

성년후견등록제도(成年後見登錄制度)에 관한 소고(小考)

이정래 ( Jung Rae Lee ) 전북대학교 법학연구소 2010 法學硏究 Vol.30 No.-

Scientific development has expanded human age and resulted in aging society by making lives convenient and intellectual and physical troubles as consequence of aging society lowers the ability to execute our own rights. To protect our rights from such deficiency and the counterparts who transact with, Korea`s civil code define the incapacitated as minor, quasi-incompetent and incompetent, stipulating separate protection method, and by judgment from family court through claim of a certain person, not only the deficient but also the counterpart of the transaction are protected. However, in protection method of the quasi-incompetent and the competent, there are many problems inherent, so the usage has so far been inactive, and now in the midst of facing the aging society, protection of the has become quite important. Thus, the academic world and lawyers have worked on formulatingimprovements to amend impractical regulations, and on September 18, 2009, Ministry of Justice started amending process by announcing Amendment of Part of the Civil Code Plan. However, the plan maintains the previous method `Family Relation Registration Act`, excluding registration system of adult guardian in the legislation, so there would be confusion if the new legislation is passed in the National Assembly and executed. Thus, in this paper, characteristics of the current civil code regulation over guardianship system and the adult guardian system of the `Amendment of part of the Civil Code Plan` announced by the Ministry of Justice are compared, and the improvement of the adult guardian registration system is suggested twofold. The first method is to provide separate column to treat adult guardians to record and announce on the guardian, which is individual status registration item registered by the `Family Relation Registration Act`, because if the Plan`s adult guardian system is initiated, due to massive information amount, it would be difficult to deal with and hard to recognize the counterpart of transaction. For the second method, the adult guardian system of the Ministry of Justice announced `Amendment of Part of the Civil Code has large role of public announcement since the contents that need to be registered about the guardianship is complex and varied depending on the person`s capability and necessity. This shall have easy access from the counterparts and the third part, given the adult guardian`s purpose, realization of the contents be easy, and sincerity of the contents be secured. Therefore, introduction of an adult guardian registration system directly handled by family court is needed.

논문(論文) : 보호자의 교육권의 법리

손희권 ( Hee Kwon Sohn ) 대한교육법학회 2007 敎育 法學 硏究 Vol.19 No.2

본 연구의 목적은 보호자의 교육권의 법리를 헌법재판소, 교육법학자, 헌법학자 등의 견해를 중심으로 고찰하는 것이다. 첫째, 보호자의 교육권의 근거로 자연법, 헌법 그리고 법률이 제시되고 있으나, 각각의 한계를 고려할 때, 헌법 제31조 제1항 및 교육기본법 제13조에서 그 근거를 구하는 것이 타당하며, 자연법적 근거는 친부모의 경우로 한정되어야 한다. 둘째, 보호자의 교육권의 개념에 관하여 다양한 견해들이 제시되고 있으나, 내용에서 언급해야 할 특정 부분에만 초점을 맞추고 있다. 사회 변화에 따라 새로이 요구되는 보호자의 교육권의 내용을 수용할 수 있도록 보호자의 교육권의 개념을 보호자의 아동에 대한 교육권으로 정의하는 것이 바람직하다. 셋째, 보호자의 교육권의 내용으로 선택권, 요구권, 참여권 등이 제시되고 있고, 선택권에는 교육을 받을 장소, 시기, 교사, 내용, 방법, 언어 등을 선택할 권리가, 요구권에는 교육내용 및 방법, 교육조건의 정비, 교육정보 등을 요구할 권리가 그리고 참여권에는 개인적 차원에서 아동의 학교교육에 관한 의견을 학교에 제시할 수 있는 권리가 포함될 수 있다. 넷째, 보호자의 교육권의 성격에 관하여 자연권, 기본권, 권한, 의무 등으로 다양한 견해가 제시되고 있으나, 각각의 한계를 고려할 때, 기본권으로 규정하는 것이 타당하다. 다섯째, 보호자의 교육권은 대상, 교육 분야, 내용 등에 한계가 있고, 학생의 교육권 보장을 위하여 제한될 수 있으며, 기본권 제한요건을 충족시킬 경우 제한이 가능하다. 끝으로, 학생의 교육권이 우선시 되어야 하고, 이에 따라 보호자의 교육권과 교원의 교육권의 갈등은 학생의 교육권 보장의 극대화라는 관점에서 해결되어야 하며, 사교육의 경우 보호자의 교육권이 국가의 교육권보다 우선시 되어야 하지만 공교육의 일종인 학교교육의 경우 양자는 동등한 지위를 가지며, 보호자의 교육권과 학교설립ㆍ경영자의 교육권의 관계는 학교설립ㆍ경영주체에 따라 달리 판단하여야 한다. The major purpose of the study is to analyze the legal theory of the guardian`s right to education critically. The major findings are as follows. First, the bases of the guardian`s right to education are Article 31 Section 1 of the Constitution and Article 13 of the Basic Education Act. The natural law should be confined to the basis of the parent`s right to education. Second, the established concepts of the guardian`s right to education focused on only the specific content of this right. To accommodate the emerging new contents of the guardian`s right to education in response to social change, it would be desirable to define this right as the guardian`s right to educating his or her children. Third, the contents of the guardian`s right to education consists of three parts. The first one is the right to choice of the place, the time, the teacher, curriculum and instruction and the language that the guardian wants to educate his or her children. The second content is the right to demand curriculum and instruction, the preparation and improvement of educational environment and educational information. The last content is the guardian`s right to participation in schooling. Fourth, there are four different perspectives on the nature of the guardian`s right to education: the natural right, the fundamental rights, power and duty. Because the basis of this right is Article 31 Section 1 of the Constitution, it is the fundamental rights. Fifth, the guardian`s right to education has its own limitations in the subject, the educational field and the educational contents. Also, it is possible to restrict this right for assuring the student`s right to education or if its restriction satisfies the requirements for restricting fundamental rights. Last, the student`s right should come first. The conflict between the guardian`s right to education and the teacher`s power over education should be resolved in terms of the maximum assurance of the student`s right to education. In the case of private education, the guardian`s right to education is superior to the state power over education. In the case of public education, their conflict should be resolved on the basis of the norm-harmony principle. The relationship between guardian`s right to education and the right of the establisher and manager of the school to education should be approached differently by the subject of the establishment and management of the school.

성년후견제도의 시행과 과제

백승흠(Baek, Seung-Heum) 충북대학교 법학연구소 2013 法學硏究 Vol.24 No.2

2013년 7월 1일, 성년후견제도가 대한민국에서 시행되었다. 정치적으로나 시기적인 면에서 호기를 만나 입법에 성공하였지만, 아직까지도 그 제도의 시행을 위한 국내적인 상황은 호전되고 있지는 않다. 민법의 개정으로 다수의 사람들이 그 적용대상이 되었지만, 정작 세간에는 이 제도가 홍보되어 있지 않아 어느 정도의 사람들이 이용하게 될지는 미지수이다. 새로운 능력개념의 도입과 자기결정권의 존중, 보편화(normalization)이념을 도입하였지만, 이러한 이념이 법조실무계에 얼마만큼 잘 이해되고 실현될 수 있을지도 의문이고, 제도의 이용자들도 이러한 내용을 얼마나 이해를 하고 있을지 미지수다. 현재까지 나타나고 있는 현상 중에 가장 우려되는 것은 행위무능력제도의 연장선상에서 성년후견제도를 이해하는 것이다. 그 위에 더욱 검토가 요망되는 부분은 유엔장애인권리협약과의 정합성 문제, 성년후견인 등의 선임신청에서 결정까지 ‘절차감호인’의 선임 가능성에 관한 문제, 선임된 성년후견인 등에 대한 이의제기가능 여부의 문제, 후견인 임기의 부재로 인한 문제, 성년후견인 등의 양성과 법인 후견에 관한 문제, 후견인의 직무범위에 관한 문제, 후견비용의 충당에 관한 문제, 성년후견전담기관의 창설 문제, 그리고 다른 법률들과의 조율문제이다. 이 글에서는 성년후견제도를 개관하고, 이러한 문제점을 제시하였다. 아직 시기상조일지 모르지만 향후 개정을 논하는 경우에는 반드시 해결하고 가야 할 문제라고 생각한다. July 1st, 2013, Adult Guardianship System was enforced in Korea. The old Incompetence System had several problems as we may know. The New System has two types of Adult Guardianship. One is a legal representative system, the other is authorized agent system. The legal representative system is divided three types, such as comprehensive-guardian, limited-guardian, special orders. The authorized agent system is based on contracts between would-be-ward and would-be-guardian. This contracts have to write out a notarial deed. If a would-be-ward lose his/her mental capacity, a court appoint a supervisor of guardian, and then performance of guardian's duties begins finally. If a person lacks ‘consistently’ (functional) capacity to conduct his/her business by a mental restriction which stems from diseases, disorders, old age, and so forth, the comprehensive-guardian type is started by an application. The limited-guardian type demands ‘insufficient’ lack of (functional) capacity. However, the special order type starts when a person just needs ‘aid relevant to temporary or certain business’. However, although the Civil Law Amendment Commission(Ministry of Justice) and the person concerned have tried to make a bill perfect, there are some problems or tasks in the adult guardianship system of Korean Civil Law. First of all, matching to the U.N. Convention on the Rights of Persons with Disabilities (CRPD), especially CPRD Art. 12. CPRD regards representing a person or demanding guardian’s agreement in legal act as the infringement of human rights. Second, appointing guardian ad litem who protect a ward from a application to a decision. In process, the party(would-be-ward) needs his/her safeguard. Third, the way protesting against a decision. Because the court decide to appoint a guardian by official authority, a ward can not protest against a decision. Fourth, the term of a guardian. In Civil Law, there is no rules on terms of guardian. Fifth, no rules for a corporate guardian and educating guardians. Sixth, whether ‘fact of an act’ can be registrated or not. Because only the legal act can be registered in Regulations. Seventh, expenses for a guardianship. A ward has to pay the expenses for guardianship for his own account, but in fact, public assistance is inevitable. Furthermore, there are some problems on establishing an exclusive organization under direct governmental supervision or anything else, and revising a relevant law.

통일신라 왕릉의 석인상(石人像) 복식 연구(Ⅱ)

권준희(Kweon Jun-hee) 한복문화학회 2018 韓服文化 Vol.21 No.1

For this study, we examined the male costumes in the United Silla Era through Stone guardian figures, wearing a round-necked coat at royal tombs. The content of this study is as follows: First, the costumes worn by stone guardians are depicted, based on field investigation and 3D scan data. Second, the characteristics of costume are examined with reference to visual and literature historical records. Third, we compared and analysed the costumes of the Tang dynasty and ethnic groups of the West. Fourth, it is examined the implication of stone guardian’s costume, considering its relation between stone guardian wearing sleeveless armor(stone guardian1) and stone guardian wearing round-necked coat(stone guardian2). Stone guardian 2 is wearing a hairband, similar to Gun, which existed before Unification. Round-necked coat has narrow sleeve, side slit and foot length. This indicates that foot length co-existed with calf length in round-necked coat. The leather belt with metal ornaments is decorated with pochette and dagger. Boots have a round shoe cap, and their neck has a slope, high in the front and low at the back. It has been pointed out the similarity between the costume of Stone guardian 2 and Persia or Sogdian costume, based on the hairband and pochette. However, hairband was also worn in other regions of Central Asia and West Asia, making it difficult to define it solely as Sogdian tradition. Also, we have found the wearing of belt with hanging decoration of simple weaponry and pochette throughout Asia. Finally, Stone guardian figures of Unified Silla tombs are the result of embracing royal bodyguards’ costume of Tang dynasty. For costume of Stone guardians, it expresses the military-officials’ costume, and Stone guardian 1 is estimated to have higher social status than Stone guardian 2. Through Stone guardian 1, it shows the distinct feature of Silla especially through headgear. Moreover, the fact that Stone guardian 2 is wearing a hairband instead of bokdu is noted as the biggest difference between Silla and Tang. The combination of hairband and round-necked coat, furthermore, implicates diversity of the costume of Silla.

성년후견인의 양성 및 관리방안

이영규 ( Young Gyu Lee ) 한양대학교 법학연구소 2012 법학논총 Vol.29 No.4

In Korea, the revision of the Civil Code shall be implemented from July 1, 2013. Adult guardianship is successfully settled in our country in order to be guardians to ensure high quality. This article describes an first consideration of Japanese and german adult guardianship system in operation particularly training and management system for the adult guardian. Japanese and German experience to secure the candidate for adult guardian indicate the tentative plan for introduction of the adult guardianship system for our country. Any suitable, willing and able adult or institution, may be appointed guardian. The Family Court may also appoint co-guardians. The Court will make the final decision based on the best interests of the person. The guardian should be careful to keep the money in the ward`s estate separate from the guardian`s own estate, maintaining separate accounts and keeping careful records of all financial transactions. Before appointing a guardian, the Judge must be persuaded that: The person is incapacitated; The person needs someone to make personal decisions for him or her and/or manage his or her affairs; and The proposed guardian is suitable, willing and able If a guardian is required, however, the court may appoint any person whose appointment would be in the best interest of the incapacitated person. Once an individual is appointed Guardian over an incapacitated adult, the Guardian then has powers and duties. The guardian makes decisions about how the person lives, including their residence, health care, food, and social activity. The guardian is supposed to consider the wishes of the incapacitated person, as well as their previously established valued, when making these living decisions.