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가족생활의 형사법적 보호와 민사법적 보호 간의 긴장―노인학대 등에 대한 국가개입의 방법을 중심으로―

Title
가족생활의 형사법적 보호와 민사법적 보호 간의 긴장―노인학대 등에 대한 국가개입의 방법을 중심으로―
Other Titles
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―
Author
제철웅
Keywords
노인학대; 민사적 보호; 공법적 보호; 형사법적 보호; 가정폭력; 아동학대; Elderly Abuse; Private Law Protection; Public Law Protection; Criminal Law Protection; Domestic Violence; Child Abuse
Issue Date
2015-11
Publisher
한국가족법학회
Citation
가족법연구, v. 29, NO 3, Page. 399-446
Abstract
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.
URI
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=20http://hdl.handle.net/20.500.11754/28580
ISSN
1225-1224
Appears in Collections:
SCHOOL OF LAW[S](법학전문대학원) > Hanyang University Law School(법학전문대학원) > Articles
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