National Human Rights Commission of the Republic of Korea
The Commission also issued recommendations to the Minister of
Justice. They include: establishment of the criteria to judge the
existence and degree of capacity; granting the incapacitated person
litigation competence, especially adjudication competence, as prescribed
by the Family Litigation Act; and abolition of disqualification clauses in
statutes with regard to incapacitated persons, and enactment of
alternative statutes incorporating the concept of adult guardianship.
In addition, the Commission issued recommendations to the Minister
of Health and Welfare. They include: legislation of public guardianship
for wards who are economically vulnerable; nurturing and managing
system for public guardians; revision of the Mental Health Act and the
Welfare of the Aged Act to provide wards with medical and care services
or establishment of legal basis for procedures of obtaining the consent of
the
guardian
in
case
of
bodily
confinement
including
forced
hospitalization in mental health facilities.
In response to the Commission's recommendations, the Supreme Court
informed that the Court would increase the number of family affairs
inspectors for the supervision of guardian work. The Ministry of Justice
informed that the Ministry already, in March 2012, distributed to all
government
ministries
the
basic
direction
for
the
revision
of
disqualification clauses for the implementation of adult guardianship
under the revised Civil Act. This action of the Ministry is considered
the same as the Commission's recommendations. The Ministry added
that government ministries were revising disqualification clauses on an
individual basis.
Chapter 1. Improvement of Laws and Regulations, Institution, Policies, and Practices ▪▪▪ 39