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

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