The purpose of this study is to discuss the necessity and the plan of the
guardian system with a focus on the social welfare. In Korea, incompetence system
under the current civil law is rigid since it can provide two types. they are
incompetent and quasi-incompetent. Among possible problems in the aged society,
this paper will research the issues concerning social welfare, guardianship. Under
such circumstances, this paper aims to review the guardianship system and
problems to prevent and suggest some improvements.
This study, first, reviewed the problems of current legal system in
quasi-incompetence, incompetence, and guardianship system. Second, a guardianship
system needs to coordinate legal protection in the property and affairs with social
welfare services. Third, it pointed out an adult guardianship system in foreign
countries and discussed the introduction and the solution of the system in Korea.
In the respects, the guardianship law system in Korea is especially for the
disabled and the senior it seems to be one of social welfare service.