Information on the Implementation of the Convention on the Rights of Persons with Disabilities in the Republic of Korea 8. Article 12. Equal recognition before the law 8.1 Possible violation of the right to self-determination of persons with disabilities under the Guardianship System 1) Current status and problems ① The previous Incompetent Person System (a person adjudged incompetent or quasi-incompetent system) did not respect the will of persons with disabilities, but rather limited and denied their legal rights, thus marginalizing them from society. ② In order to improve this situation and create an environment where the selfdetermination rights of persons with disabilities are ensured, the Civil Code was amended to abolish the Incompetent Person System, and instead, the Guardianship System was adopted and implemented on July 1, 2013. However, detailed procedural regulations for the implementation of the system were not established and related government ministries were unprepared. ③ In this regard, the Commission issued a Policy Recommendation to Devise Ways to Enhance Respect for Self-determination Rights to the Chief Justice of the Supreme Court, Minister of Justice and Minister of Health and Welfare on May 16, 2013. 2) Recommendation ① The government should continuously monitor the Guardianship System so that it does not deviate from the initial purpose of the system, such as excessively limiting or depriving the self-determination rights of persons with disabilities, and resolve any ensuing problems. NATIONAL HUMAN RIGHTS COMMISSION OF KOREA 14