신은주 ( Eun Joo Shin )
There are increasing the old who can not do everyday affairs because of incomplete mental ability in our society. Under the current civil law, incompetence and quasi-incompetence system are used in case of deterioration of mental judgement. But the system is extremely uniform and rigid because it provides two types by law despite of being various degrees of mental judgement. This means that there are gaps between the provisions and reality. In adition, our society has another problem. Once incompetence or quasi-incompetence is adjudicated by a court, it is recorded in the regislation of the family relationship. Unfortunately, there are social prejudice against the words such as incompetence and quasi-incompetence. Hence, there are hardly anyone who use this system, and the system is practically not to being used and is ended up as a mere scrap paper. Therefore, we are trying to reform this system or to enforce the new adult guardianship laws. So, this study is designed to meet the needs of reforming the area of a guardianship for incapacitated adults. When we reflect a new reform legislation, we focus on respecting the human right and dignity of incapacitated adults. And the new reform should guarantee their autonomy and minimize the public intervention for assisting them.