새로운 성년후견제도의 시행과 가사소송법 개정

• 영문명: The Enforcement of New Adult Guardianship System and the Revision of the Family Law Litigation Act
• 발행기관: 충북대학교 법학연구소
• 저자명: 김원태(Kim, Won-Tae)
• 간행물 정보: 『법학연구』第23卷 第2號, 1~23쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.12.31

영문 초록

The revision work this time in the Family Law Litigation Act is not the full revision, but the essentially minimum partial revision for consolidating the judgment procedure pertinent to new guardianship system according to the revision of the civil law, which has the main point as introduction of adult guardianship system. The judgment on beginning guardianship restricts the behavioral capacity in the person in question, and simultaneously, controls the asset management of the person in question. In this sense, it leads to occurrence of effect, which is important for profit of the person in question. Accordingly, a discreet procedure is necessary for guaranteeing the procedure of the person in question. Accordingly, the revised bill prescribed in order to allow a doctor to judge on mental state of the person in question when a Family court judges the start of adult guardianship or the start of limited guardianship, and in order not to do so when there is other enough data enough to judge the mental state of the person in question of the case. Also, the revised bill newly installed the clause pertinent to the adult guardianship, thereby having arranged the essential procedure provision on the hearing of the person in question of the case and on listening to opinion in relevant official. In addition, the provision was consolidated pertinent to the recommendations of the Family Law Litigation Act according to the introduction of adult guardianship system. Also, the revised bill arranged the ground provision in order to be applied the provision on the lawsuit structure in light of the Civil Proceedings Act in order for the social vulnerable classes such as a person with lack of means to possibly utilize guardianship system realistically. As a future task, a proceeding sponsor system is thought to be needed for guaranteeing enough procedural behavior by the person in question as well as recognizing the ability of procedural behavior of the person in question in the face of the behavioral capacity in the adult guardianship case.

목차

Ⅰ. 머리말

Ⅱ. 성년후견 등 심판절차에 관한 주요 내용

Ⅲ. 가사소송법 개정안의 그 밖의 주요 내용

Ⅳ. 향후의 과제

Ⅴ. 맺는말

참고문헌

Abstract

키워드

Adult guardianship Limited guardianship Special guardianship Voluntary Guardianship(guardianship contract) Family Law Litigation Act Procedural guarantees.