제철웅
2017-08-18T05:26:59Z
2017-08-18T05:26:59Z
2015-11
가족법연구, v. 29, NO 3, Page. 399-446
1225-1224
http://www.ksfl.or.kr/bbs/view.php?id=data&page=1&sn1=&divpage=1&sn=off&ss=on&sc=on&select_arrange=headnum&desc=asc&no=20
http://hdl.handle.net/20.500.11754/28580
The elderly abuse has recently been a hot issue, because family bondage has become weaker and weaker, and single households consisted of elderly has become rising. In this regard, some argues that a special legislation is necessary to punish or to educate elderly abusers. This paper suggests that private law approach work more efficiently than criminal law approach to prevent and reduce elderly abuses. It emphasizes that what is needed is to provide elderly with various future planning tools such as advanced directives to care and medical treatments, contractual guardianship similar to lasting power of attorney, and trusts and so on rather than to search abusers and punish them. The argument of this paper is based on the premise that elderly abuses take place because elderly lose the mental and/or physical capacity to deal with his and her property and personal welfare. If they have in advance made future planing to deal with losing capacity, most abuses can be properly prevented.
이 논문은 한국연구재단 SSK “의사결정능력 장애인의 사회통합” 연구사업(NRF-2013S1A3A2043353)의 지원으로 연구되었다.
ko_KR
한국가족법학회
노인학대
민사적 보호
공법적 보호
형사법적 보호
가정폭력
아동학대
Elderly Abuse
Private Law Protection
Public Law Protection
Criminal Law Protection
Domestic Violence
Child Abuse
가족생활의 형사법적 보호와 민사법적 보호 간의 긴장―노인학대 등에 대한 국가개입의 방법을 중심으로―
The Tension between the protection by Criminal Law, and the Protection by Private Law, of Family Life ― Focused on the Methods of State Intervention into Elderly Abuse―
Article
3
29
399-446
가족법연구
제철웅
Je, Cheol-Ung
2015040236
S
SCHOOL OF LAW[S]
Hanyang University Law School
cuje