S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) Journal of Korean Law Journal of Korean Law Volume 16 Number 1/2 (2016/2017)
Two Years of the Reformed Adult Guardianship Law in South Korea: A Retrospect
- Kim, Hyoung Seok
- Issue Date
- 서울대학교 아시아태평양법연구소
- Journal of Korean Law, Vol.16 No.2, pp. 311-322
- Civil Code reform; adult guardianship; limited guardianship; specific guardianship; guardianship contract; controlling guardian; administration of ward`s personal matters
- It is the edited and updated text of the authors presentation at the 9th BESETO Conference on November 8 2015 in Peking University Law School.
- 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.