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김형석, Two Years of the Reformed Adult Guardianship Law in South Korea : A Retrospect (2017)

아태법
2020-01-05
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김형석, "Two Years of the Reformed Adult Guardianship Law in South Korea: A Retrospect", Journal of Korean Law, Vo.16 (2017), pp. 311-322.


Two Years of the Reformed Adult Guardianship Law in South Korea: A Retrospect* 

Hyoung Seok Kim**

Abstract

 The reform of the adult guardianship law in South Korea is the first crop of the Civil Code amendment project which was promoted by the government. Since two years passed since the new law took effect, it is time for a retrospect. This article, based on the author’s presentation delivered at the 9th BESETO Conference on November 8, 2015, at the Peking University Law School, sketches the outline of the reform and analyzes its virtues and shortcomings. Furthermore, it describes the lawyers’ responses to the new rules, which show both a worrying trend and a hopeful sign. This overview ends with assessing the obstacles with which the legislation is confronted today, such as the tendency of hasty legislation and reign of the old law in thinking. 

Key Words: Civil Code reform, adult guardianship, limited guardianship, specific guardianship, guardianship contract, controlling guardian, administration of ward’s personal matters

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