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dc.contributor.author제철웅-
dc.date.accessioned2018-03-16T05:56:21Z-
dc.date.available2018-03-16T05:56:21Z-
dc.date.issued2014-03-
dc.identifier.citation民事法學, Vol.- No.66 [2014], pp. 99-134(36쪽)en_US
dc.identifier.issn1226-5004-
dc.identifier.urihttp://www.dbpia.co.kr/Article/NODE02395575-
dc.identifier.urihttp://hdl.handle.net/20.500.11754/47931-
dc.description.abstractFrom the perspective of policy design, statutory or judicial guardianship, whereby a guardian is to be appointed and her/his authority and power are to be granted only in accordance with legal provisions, can meet difficulties in terms of its being unable to faithfully reflect individual needs of the wards. Relevant statutes tend to seek general solution rather than address individual needs. The needs of persons with dementia, developmental disabilities or mental disabilities for supported decision making or substituted decision making can be different and diverse from case to case, so that it is theoretically best for each individual to manage and administer the very situation of disabilities in decision making at present or in the future. From the perspective of individuals, to respect autonomy and right to self determination can not be separated from respecting and protecting their human rights. That being said, it is indispensible to supplement the very deficits arising from disabilities in decision making so as for disable persons to substantially enjoy as the same right to self determination as non-disabled persons do, because otherwise disabilities could disturb the full enjoyment of such right. Such an assistance is reasonable accommodation provided for in article 3 of the UN Convention on the Rights of Persons with Disabilities. Such a reasonable accommodation in this context should be to help disabled persons easily access and make guardianship contracts, and secure faithful performance by representatives of the contracts. It can materialize by state's helping family members, relatives or friends of disabled persons make guardianship contracts free of charge, and by assisting and supervising representatives by way of establishing the public guardianship center(s). If such a reasonable accommodation is realized, the Korean guardianship contract under the new Guardianship Act 2011 will become an important alternative to guardianship and preside the guardianship in terms of available means to persons with disabilities.en_US
dc.description.sponsorship한국연구재단 SSK “의사결정능력 장애인의 사회통합” 연구사업(NRF-2013S1A3A2043353)의 지원en_US
dc.language.isoko_KRen_US
dc.publisher한국민사법학회 / Korean Civil Law Associationen_US
dc.subject임의후견en_US
dc.subject후견대체제도en_US
dc.subject후견의 보충성en_US
dc.subject법정후견en_US
dc.subjectAdult Guardianshipen_US
dc.subjectContractual Guardianshipen_US
dc.subjectEnduring Power of Attorneyen_US
dc.subjectAlternatives to Guardianshipen_US
dc.subjectSubsidiarity of Guardianshipen_US
dc.title개정 민법상의 후견계약의 특징, 문제점 그리고 개선방향 :후견대체제도의 관점을 중심으로en_US
dc.title.alternativeThe Main Features, Problems and Improving Points of the Contractual Guardianship under the Revised Korean Civil Code: Focused on the Perspective of Alternatives to Guardianshipen_US
dc.typeArticleen_US
dc.relation.volume66-
dc.relation.page99-134-
dc.relation.journal민사법학-
dc.contributor.googleauthor제철웅-
dc.contributor.googleauthorJe, Cheolung-
dc.relation.code2014000716-
dc.sector.campusS-
dc.sector.daehakSCHOOL OF LAW[S]-
dc.sector.departmentHanyang University Law School-
dc.identifier.pidcuje-
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SCHOOL OF LAW[S](법학전문대학원) > Hanyang University Law School(법학전문대학원) > Articles
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