노인 학대 예방 및 피해 구제를 위한 입법의 방향- 노인 권익옹호지원제도의 필요성을 중심으로 -

Abstract

Elder abuse is mostly caused by financial exploitation of elder property and financial burden for elder maintenance. The current delivery system of Social benefits and social insurances, on which elderly depend, excludes elderly from participating in the request and acceptance of social benefits and insurances. Moreover, the protection of elder property for the purpose of their maintenance, care and medical treatment has been neglected, because the belief that family members are responsible for elder care has prevailed. The state dose not intervene in the protection of elderly until elder abuse actually occurs. However, the current system for elder protection cannot realize the expected goal, because additional elder abuse cannot be prevented unless the elder property and rights are well protected, which the current system lacks. This paper seeks to show that the protection of the rights of elderly is the best way to prevent elder abuse and provide proper remedies for the elder abuse victims. The better way to preserve elder property for their maintenance, care and medical treatment is to provide trust services for elderly as a social service. Moreover, guardianship services are also a indispensible method with which to remedy elder abuse victim. This paper suggests that elderly should be respected as persons which exercise their legal capacity rather than regarded as persons which need protection from others. The system to support and assist elderly to exercise their rights is the better way to prevent elder abuse.